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Section 62: Duties of convening officers when convening courts

Border Security Force Rule, 1969Central Rules · 1968

When an officer convenes a Court he shall:

(a) issue a convening order in the appropriate form set out in Appendix VII;

(b) direct upon what charges the accused is to be tried and ensure that the accused has been remanded for trial by a Court upon these charges, by his Commandant;

(c) if he is of the opinion that charges shall be put in separate charge sheets, so direct and shall also direct the order in which they are to be tried;

(d) direct, if there is more than one accused whether the accused are to be tried jointly or separately;

(e) appoint members of the Court and any waiting members;

(f) if convening:

(i) a General Security Force Court; or

1. Subs by SO 329(E) dated 29th April 1981.

2. Ins by SO 436(E) dated 29th May 1990.

BSF RULES 110

(ii) a Petty Security Force Court which he considers should be attended by a Law Officer, take the necessary steps to procure the appointment of Law Officer by or on behalf of the Chief Law Officer:

(g) appoint an officer, subject to the Act or a counsel assisted by such an officer to prosecute or detail a Commandant to appoint an officer subject to the Act, to prosecute:

Provided that the convening officer may appoint more than one such officer to prosecute if he thinks fit;

(h) appoint an interpreter wherever necessary;

(i) send to the senior member the charge sheet, the convening order and a copy of the record or abstract of evidence from which any evidence which in his opinion would be inadmissible at the trial has been expurgated;

(j) forward to each member of the Court and to each waiting member a copy of the charge-sheet;

(k) forward to the prosecutor copies of the charge sheet and convening order and the original record or abstract of evidence together with an unexpurgated copy there of showing the passages (if any) which have been expurgated in the copy sent to the senior member;

(1) forward to the Law Officer (if any) copies of the charge sheet and convening order and an unexpurgated copy of the record or abstract of evidence showing the passages (if any) which have been expurgated in the copy sent to the senior member;

(m) ensure that the Commandant has summoned all the prosecution witnesses and such defence witnesses as the accused may have requested to be summoned under rule

Where this provision sits

ActBorder Security Force Rule, 1969
Section62
Marginal noteDuties of convening officers when convening courts
JurisdictionCentral
StatusIn force as published by the source

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