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Section 72: Plea to Jurisdiction

Border Security Force Rule, 1969Central Rules · 1968

(1) The accused, before pleading to the charge, may offer a plea regarding the jurisdiction of the Court;

and in such a case-

(a) the accused may adduce evidence in support of the plea and the prosecutor may adduce evidence in answer thereto ; and

(b) The prosecutor may address the Court in answer to the plea and the accused may reply to the prosecutor’s address.

(2) If the Court allows the plea it shall adjourn and report to the convening officer.

(3) When the Court reports to the convening officer under this rule, the convening officer shall :-

(a) if he approves the decision of the Court to allow the plea, dissolve the Court;

(b) if he disapproves the decision of the court; either :-

(i) refer the matter back to the Court and direct them to proceed with the trial ; or

(ii) convene a fresh Court to try the accused.

Where this provision sits

ActBorder Security Force Rule, 1969
Section72
Marginal notePlea to Jurisdiction
JurisdictionCentral
StatusIn force as published by the source

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