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Section 81: Plea on alternative charge

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

(1) When an accused pleads guilty to the first of two or more alternative charges, the Court if it accepts the accused’s plea of guilty, shall record a finding of guilty in respect of the first charge and the prosecutor shall withdraw any of the alternative charge before the accused is arraigned on it.

(2) When an accused pleads guilty to one of two or more charges which are laid in the alternative other than the first of such charges, the Court may,--

(a) proceed as if the accused had pleaded not guilty to all the charges; or

(b) (i) with concurrence of the convening officer (which may be signified by the prosecutor) record a finding of guilty on the charge to which the accused has pleaded guilty and a finding of not guilty on any alternative charge which is placed before it in the charge-sheet;

(ii) where the curt records such finding the prosecutor shall before he accused is arraigned an it withdraw any charge which is alternative to the charge of which the court has found the accused guilty and which is placed after it in the charge sheet.

82. Order of trial where plea of guilty and not guilty. (1) After the Court has recorded a finding of guilty, if there is no other charge in the same charge-sheet to which the accused has 34 pleaded not guilty and no other accused who has pleaded not guilty to a charge in that chargesheet, it shall proceed with the trial as directed by rule 80.

(2) Where there is another charge in the charge-sheet which the accused has pleaded not guilty or there is another accused who has pleaded guilty to a charge-sheet in -that accused who has pleaded not guilty to a charge in that charge-sheet, the Court shall not comply with rule 80 until After it has dealt with such other charge or tried such other accused and has announced and recorded its finding in respect thereof.

Where this provision sits

ActIndo-Tibetan Border Police Force Rule, 1994
Section81
Marginal notePlea on alternative charge
JurisdictionCentral
StatusIn force as published by the source

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