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Section 59: Amendment of the charge by the Force Court

Indo-Tibetan Border Police Force Rule, 1994Central Rules · 1992

(l) At any time during a trial, if it appears to the Court that there is in the charge-sheet;

(a) a mistake in the name or description of the accused, or

(b) a mistake which is attributable to a clerical error or omission;

the Court may amend the charge-sheet so as to correct the mistake.

(2) If at any time during a trial, at which there is a Judge Attorney, it appears to the Court, before it closes to deliberate on its findings, that it is desirable in the interest of justice to make any addition to, omission from or alteration in, a charge which cannot be made under sub-rule (1), it may, if such addition, omission, or alteration can be made without unfairness to the accused, and with the concurrence of the Judge Attorney, so amend the charge sheet.

(3) If at any time during a trial, at which there is no Judge Attorney, it appears to the Court, before it closes to deliberate on its findings, that in the interest of justice, it is desirable to make any addition to, omission from or alteration in a charge, which cannot be made under sub-rule (1), it may adjourn and report its opinion to the convening officer, who may : --

(a) amend the charge if permissible under rule 60 and direct the Court to try it as amended After due notice of the amendment has been given to the accused; or

(b) direct the Court to proceed with the trial of the charge without amending it; or

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

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Where this provision sits

ActIndo-Tibetan Border Police Force Rule, 1994
Section59
Marginal noteAmendment of the charge by the Force Court
JurisdictionCentral
StatusIn force as published by the source

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