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Section 75: Objection to the charge

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

(1) An accused before pleading may object to the charge framed against him on the grounds that it is not correct in law or is not framed in accordance with the provisions of these rules. If he does so, the prosecutor may address the Court in answer to the objection and the accused may reply to the prosecutor's address.

(2) If the Court upholds the objection, it shall either amend the charge-sheet in accordance with the provisions of rule 59 or adjourn and report to the convening officer:

Provided that if there is another charge or another charge-sheet before the Court, the Court may, before adjourning proceed with the trial of the accused for such other charge or other charge-sheet.

(3) When the Court reports to the convening officer under sub-rule (2) the convening officer shall :--

(a) if he approves the decision of the Court to allow the objection :-- 31

(i) dissolve the Court; or

(ii) where there is another charge or another charge-sheet before the Court which the Court has not tried, direct the Court to proceed with the trial or such other charge or charge-sheet only ; or

(iii) amend the charge to which the objection relates in accordance with the provisions of rule 60, and direct the Court to try the accused accordingly;

(b) if he disapproves the decision of the Court to allow the objection :--

(i) direct the Court to try the accused for the charge; or

(ii) where there is another charge or another charge sheet before the Court to which the objection does not relate and which the Court has not tried, direct the Court to proceed with the trial of the accused for such other charge or charge-sheet only ; or

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

Where this provision sits

ActIndo-Tibetan Border Police Force Rule, 1994
Section75
Marginal noteObjection to the charge
JurisdictionCentral
StatusIn force as published by the source

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