(1) An accused, who has been remanded for trial, shall be afforded proper opportunity for preparing his defence and shall be allowed proper BSF RULES 111 communication with his defending officer or counsel and with his witnesses.
(2) A defending officer shall be appointed to defend an accused who has been remanded for trial unless the accused states in writing that he does not wish such an appointment to be made.
(3) if the prosecution is to be undertaken by a legally qualified officer or by a counsel the accused shall be notified of this fact in sufficient time to enable him, if he so desires to make arrangement for a legally qualified officer or counsel to defend him.
(4) As soon as practicable after a decision has been taken to place the accused on trial and in any case not less than four days before his trial he shall be given;
(a) a copy of the charge-sheet;
(b) 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;
(c) notice of any additional evidence which the prosecution intends to adduce; and
(d) if the accused so requires, a list of the ranks, names and units of the members who are to form the Court and of any waiting members.
(5) when an accused is given a copy of the charge-sheet and of the record or abstract of evidence in accordance with this rule, he shall:
(a) have the charge explained to him; and
(b) be informed that, upon his making a written request to his Commandant not less than twenty four hours before his trial requiring the attendance at his trial of a witness (other than a witness for the prosecution) whom he desire to call in his defence (such witness to be BSF RULES 112 named by him), reasonable steps will be taken in accordance with these rules to procure the attendance of any such witness at his trial.
(6) The provisions of sub-rules (2) and (3) shall not apply in relation to a trial before a Summary Security Force Court and in relation to such a trial the period of four days referred to in subrule
(4) shall be construed as twenty four hours.
SUMMONING OF DEFENCE WITNESSES
64. (1) Subject to the provisions of sub-rules (2) and (3) the Commandant shall, on a request made in this behalf by the accused, summon such witnesses as are specified by the accused.
(2) Where the Commandant is satisfied that the evidence to be given by any witness is not likely to be of material assistance at the trial he may refuse to summon such witness.
(3) The Commandant may before summoning any witness, require the accused to defray or undertake to defray the cost of attendance of such witness and if the accused refuses to defray or undertake to defray the cost aforesaid, the Commandant may refuse to procure the attendance of that witness.
(4) Where the Commandant has refused to summon the witness under sub-rule (2) or sub-rule (3), the accused may make an application to the Court for the summoning of such witness and the Court may, if it considers it to be expedient in the interest of justice, order the summoning of such witness and, if necessary, adjourn the proceedings for the attendance of such witness.
BSF RULES 113
CHAPTER - IX PROCEDURE FOR SECURITY FORCE COURTS