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Section 65: Assembly and Swearing of Court

Border Security Force Rule, 1969Central Rules · 1968

(1) Upon a Security Force Court assembling the Court shall, before beginning the trial, satisfy itself in closed court :-

(a) that the Court has been convened in accordance with the Act and these rules;

(b) that the Court consists of not less than the minimum number of officers required by law;

(c) that the members are of the required rank;

(d) that members have been duly appointed and are not disqualified under the Act;

(e) that if there is Law Officer he has been duly appointed;

(f) that the accused appears from the charge-sheet, to be subject to the Act and to be subject to the jurisdiction of the Court; and

(g) that each charge is correct in law and framed in accordance with these rules;

(2)

(a) Where a vacancy occurs through a member of the court being disqualified under the Act or being absent when the Court assembles, the presiding officer may appoint a duly qualified waiting member to fill that vacancy.

(b) The Presiding Officer may if the interests of justice so require, substitute a duly qualified waiting member for a member appointed by the convening officer.

(3) if the court is not satisfied on any of the matters mentioned in sub-rule (1) and is not competent to rectify such matter itself BSF RULES 114 under the Act or these rules, it shall before commencing the trial, report thereon to the convening officer.

(4) When the Court has complied with this rule and is ready to proceed with the trial, the presiding officer shall open the Court and the trial shall begin.

Where this provision sits

ActBorder Security Force Rule, 1969
Section65
Marginal noteAssembly and Swearing of Court
JurisdictionCentral
StatusIn force as published by the source

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