National Security Guard Rules 1987 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Rules
Year	1986
Jurisdiction	Central
Ministry	Ministry of Home Affairs
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	defence

MINISTRY OF HOME AFFAIRS (NATIONAL SECURITY GUARD SECTION) NOTIFICATION New Delhi, the 6th August, 1987 G.S.R. 688(E): - In exercise of the powers conferred by section 139 of the National Security Guard Act 1986 (47 of 1986) the Central Government hereby makes the following rules, namely: - The National Security Guard Rules, 1987

CHAPTER – 1 PRELIMINARY

1. Short title, commencement and application –

(1) These rules may be called the National Security Guard Rules, 1987.

(2) They shall come into force on the date of their publication in the Official Gazette.

(3) These rules shall apply to all persons subject to the Act-

Provided that the provisions of Chapter IV thereof shall not apply to the persons on deputation with the National Security Guard: -

Provided further that the provisions of chapters IX and X thereof shall not apply to trials by Summary Security Guard Courts in so far as they are inconsistent with any of the provisions contained in chapter XI thereof pertaining to Summary Security Guard Courts.

2. Definitions - In these rules, unless the context otherwise requires: -

(a) “Act” means the National Security Guard Act 1986(47 of 1986),

(b) “Appendix” means an Appendix, annexed to these rules,

(d) “Detachment” includes any part of a Group or a unit of the Security Guard required or ordered to proceed on duty away from Headquarters,

(e) “Proper Security Guard authority” when used in relation to any power, duty, act or matter, means such Security Guard authority as, in pursuance of these rules made under the Act, exercises, or performs that power or duty or is concerned with that matter,

(f) “Section” means a section of the Act.

(g) All other words and expressions used in these rules and not defined, but defined in the Act, shall have the same meaning as respectively assigned to them in the Act.

3. Reports and applications - Any report or application required by these rules to be made to a superior authority or is otherwise made to a superior authority shall be made in writing and through proper channel.

4. Forms in appendices -

(1) The forms set forth in the appendices, with such variations as the circumstances of each case may require, may be used for the respective purpose therein mentioned, and if used shall be sufficient, but a deviation from such form shall not, by reason only of such deviation, render invalid any charge, warrant, order, proceedings or any other document relevant to these rules.

(2) Any omission of any such form shall not, by reasons only of such ommision, render any act or thing invalid.

(3) The directions in the notes to and the instructions in the form shall be duly complied with in all cases to which they relate, but any omission to comply with any such direction in the notes or instruction shall not merely by reason of such omission, render any act or thing invalid.

5. Exercise of power vested in holder of an office in the Security Guard - Any power or jurisdiction given to any person holding any office in the Security Guard to do any act or thing to, or before, any person, may, for the purposes of these rules, be exercised by any other person who may, for the time being, be performing the functions of that office in accordance with the rules and practice of the Security Guard.

6. Case unprovided for - In regard to any matter not specifically provided for in these rules, it shall be lawful for the competent authority to do such thing or take such action as he may deem fit in the circumstances of the case.

CHAPTER II RECRUITMENT

7. Ineligibility -

(1) No person, who has more than one wife living or who having a spouse living, marries in any case in which such marriage is void by reasons of its taking place during the life time of such spouse, shall be eligible for appointment, or employment in the Security Guard.

(2) Any person subject to the Act, who contracts or enters into a second marriage during the lifetime of his first spouse, shall render himself ineligible for retention in service and may be dismissed, removed or retired from service on ground of unsuitability :

Provided that the Central Government may, if satisfied, that there are sufficient grounds for so ordering exempt any person from the operation of this rule.

8. Ineligibility of aliens - No person who is not a citizen of India shall, except with the consent of the Central Government signified in writing, be appointed, or employed in the Security Guard:

Provided that nothing contained in this rule shall bar the appointment or employment of a subject of Nepal or Bhutan in the Security Guard.

9. Appointment of officers - The Central Government may appoint such persons as it considers to be suitable as officers in the Security Guard in the following manner and their conditions of service shall be such as may be provided in the rules made in this behalf by the Central Government: -

(a) by direct recruitment;

(b) by deputation from the All India Services, Defence Forces, Armed Forces of the Union, any other Department of the Central Government or of the State Government or Autonomous bodies;

10. Probation -

(1) An officer appointed through direct recruitment to the Security Guard shall be on probation for a period of two years and the Central Government may, for reasons to be recorded in writing, extend the period of probation for such further period or periods not exceeding one year;

(2) The Central Government may, during the period of probation, terminate the services of an officer without assigning any reasons.

11. Appointment of Assistant Commanders, Rangers and Combatised Tradesmen -

(1) Appointments to the posts of Assistant Commanders Grade I may be made by the Inspector-General, Assistant Commanders Grade II and III by the Deputy Inspector-General and the Rangers and Combatised Tradesmen by the Group Commander or any other officer of the Security Guard who may be appointed as recruiting officer by the Director-General, respectively in the following manner and their conditions of service shall be such as may be prescribed: -

(a) by direct recruitment;

(b) by deputation from the Defence Forces or any of the Armed Forces of the Union, any other Department of the Central Government or of the State Government or Autonomous bodies;

(2) A person appointed through direct recruitment as Assistant Commander, Ranger or a Combatised Tradesman shall be on probation for a period of two years. The authority prescribed in sub-rule (1) may during the period of probation, terminate his services without assigning any reasons.

12. Procedure for appointment, mode of appointment of Rangers and Combatised Tradesmen -

(1) Upon the appearance before the recruiting officer of any person for appointment as a ranger or combatised tradesman in the Security Guard, the recruiting officer shall read and explain to him, or cause to be read and explain to him in his presence, the conditions of service of the post to which he is to be appointed; and shall put to him the questions contained in the form of appointment as may be prescribed by the Director-General and shall, after having cautioned him that if he makes a false answer to any such question he shall be liable to punishment under the Act, record or cause to be recorded his answer to each such question.

(2) If, after complying with the provisions of sub rule(1) and such other directions as may be issued in this behalf by the Director-General from time to time, the recruiting officer is satisfied that the person desirous of being appointed fully understands the questions put to him and consent to the conditions of service and if the said officer is satisfied that there is no impediment, he shall sign and shall also cause such person to sign the appointment paper, and such person shall thereupon be deemed to be appointed.

(3) (a) Every person appointed as a member of the Security Guard under subrule(2) shall be administered an oath or affirmation, as may be prescribed by the Director General.

(b) The oath or affirmation shall as far as possible be administered by the commander of the person to be attested or in the unavoidable absence of the Commander by the person authorised in writing by the Commander in this behalf.

CHAPTER III ORGANISATION

13. Constitution and Control of the Security Guard -

(1) In exercising command and supervision of the Security Guard, the Director- General shall be assisted by the Additional Directors-General, Inspectors- General, Deputy Inspectors General, Group Commanders and other officers.

(2) The responsibility for the command, discipline, moral and administration shall -

(a) in the case of Additional Director-General, extend to all groups, units, headquarters, establishments and Security Guard personnel placed under him and within the area that may be assigned to him;

(b) in the case of Inspector-General, extend to all groups, units, headquarters, establishments and Security Guard personnel placed under him and within the area that may be assigned to him;

(c) in the case of Deputy Inspector-General, extend to all the groups, other personnel and units placed under him and within the area that may be assigned to him; and

(d) in the case of a Commander, extend to the group or unit placed under him and within the area assigned to him.

(3) The command, discipline, administration and training of groups, units and establishments not placed under a Deputy Inspector-General or an Inspector- General shall be carried out by such officers and in such manner as may from time to time be laid down by the Director General.

(4) Any member of the Security Guard shall be liable to perform any duties in connection with the operations against terrorists, the administration, discipline and welfare of the Security Guard and such other duties as he may be called upon to perform in accordance with any law for the time being in force and any order given in this behalf by a superior officer shall be a lawful command for the purposes of the act.

14. Command -

(1) An officer appointed to command shall have the power of command over all officers and men, irrespective of seniority, placed under his command.

(2) (a) In the contingency of an officer being unable to exercise the command, to which he has been appointed, due to any reason, the command shall devolve on the second-in-command, if one has been so appointed.

(b) If no second-in-command has been appointed, it shall devolve on the officer who may be appointed to officiate by the immediate superior of the officer unable to exercise command.

(d) The inability of an officer to exercise command and its assumption by any other officer in accordance with this sub-rule shall be immediately reported to the next higher authority by the officer who has assumed such command.

(3) If persons belonging to different units are working together: -

(i) in regard to the specific task on which they are engaged, the officer appointed to command or in his absence the senior most officers present shall exercise command over all such persons.

(ii) in all other matters the senior officer belonging to each unit shall exercise command over persons belonging to his unit.

(4) Disciplinary powers over a person subject to the Act shall be exercised by the Commander of the unit to which such a person belongs or the officer on whom command has devolved in accordance with sub-rule (2).

(5) Where such a person is doing detachment duty, including attendance at a course of instruction, the Commander of the unit, centre or establishment with which he is doing such duty shall also have all the disciplinary powers of a commander.

(6) The Director-General, the Inspector-General and the Deputy Inspector- General may specify one or more officers of the staff who shall exercise the disciplinary powers of a Commander in respect of persons belonging to or doing detachment duty at their respective Headquarters.

(7) The Director-General may also specify Officers who shall exercise the disciplinary powers of an Inspector-General and Deputy Inspector-General respectively in respect of persons belonging to or doing detachment duty at his Head Quarters.

(8) An Inspector-General may specify an officer who shall exercise the disciplinary powers of a Deputy Inspector-General in respect of persons belonging to or doing detachment duty at his Head Quarters.

Explanation-In sub-rules (1) and (3) the word ”Officer” shall include Assistant Commanders and Rangers Grade I.

CHAPTER IV TERMINATION OF SERVICE 15 Termination of service of officers by the Central Government on account of mis-conduct - (1) When it is proposed to terminate the service of an officer under section 9 on account of mis-conduct, he shall be given an opportunity to show cause in the manner specified in sub-rule (2) against such action.

Provided that this sub-rule shall not apply: -

(a) Where the service is terminated on the ground of conduct which has led to his conviction by a criminal court or a Security Guard Court; or

(b) Where the Central Government is satisfied that for reasons, to be recorded in writing, it is not expedient or reasonably practicable to give to the officer an opportunity of showing cause.

(2) When after considering the reports on an Officer’s mis-conduct, the Central Government or the Director-General is satisfied that the trial of the officer by a Security Guard Court is inexpedient or impracticable, but is of the opinion, that the further retention of the said officer in the service is undesirable, the Director-General shall so inform the officer together with particulars of allegations and report of investigation (including the statement of witness, if any, recorded and copies of documents, if any, intended to be used against him) in cases where allegations have been investigated and he shall be called upon to submit, in writing, his explanation and defence:

Provided that the Director-General may withhold disclosure of such report or portion thereof if, in his opinion, its disclosure is not in the interest of the Security of the State.

(3) In the event of the explanation of the Officer being considered unsatisfactory by the Director-General, or when so directed by the Central Government, the case shall be submitted to the Central Government with the Officer’s defence and the recommendation of the Director-General as to the termination of the officer’s service in the manner specified in sub-rule (4).

(4) When submitting a case to the Central Government under the provisions of sub-rule (2) or sub-rule (3), the Director-General shall make his recommendation whether the officer’s service should be terminated, and if so, whether the officer should be: -

(a) dismissed from the service; or

(b) removed from the service; or

(d) called upon to resign.

(5) The Central Government, after considering the reports and the officer’s defence, if any, or the judgement of the criminal court, as the case may be, and the recommendation of the Director-General, may remove or dismiss the officer with or without pension or retire or get his resignation from service, and on his refusing to do so, the officer may be compulsorily retired or removed from the service with pension or gratuity, if any, admissible to him.

16. Termination of service of officers by the Central Government on grounds other than mis-conduct -

(1) When the Director-General is satisfied that an officer is unsuitable to be retained in service, the officer-

(a) shall be so informed;

(b) shall be furnished with the particulars of all matters adverse to him;

and

Provided that clauses (a), (b), and (c) shall not apply, if the Central Government is satisfied that for reasons, to be recorded by it in writing, it is not expedient or reasonably practicable to comply with the provisions thereof;

Provided further that the Director-General may not furnish to the officer any matter adverse to him, if in his opinion, it is not in the interest of the security of the State to do so.

(2) In the event of the explanation being considered by the Director-General unsatisfactory, the matter shall be submitted to the Central Government for orders, together with the officer’s explanation and the recommendation of the Director-General.

(3) The Central Government after considering the reports, the explanation, if any, of the officer and the recommendation of the Director-General, may call upon the officer to retire or resign and on his refusing to do so, the officer may be compulsorily retired from the service with pension or gratuity, if any, admissible to him.

17 Dismissal or removal of persons other than officers on account of mis-conduct -

(1) When it is proposed to terminate the service of a person subject to the Act other than an officer, he shall be given an opportunity by the authority competent to dismiss or remove him to show cause in the manner specified in sub-rule (2) against such action:

Provided that this sub-rule shall not apply:-

(a) Where the service is terminated on the ground of conduct which has led to his conviction by a criminal court or a Security Guard Court; or

(b) Where the competent authority is satisfied that, for reasons to be recorded in writing it is not expedient or reasonably practicable to give the person concerned an opportunity of showing cause.

(2) When after considering the reports on the misconduct of the person concerned, the competent authority is satisfied that the trial of such a person is inexpedient or impracticable, but is of the opinion, that his further retention in the service is undesirable, it shall so inform him together with all reports adverse to him and he shall be called upon to submit, in writing, in his explanation and defence:

Provided that the competent authority may withhold from disclosure any such report or portion thereof, if, in his opinion, its disclosure is not in the public interest.

(3) The competent authority after considering his explanation and defence, if any, or the judgement of the criminal court, as the case may be, may dismiss or remove him from the service with or without pension.

(4) All cases of dismissal or removal under this Rule, shall be reported to the Director-General.

18 Retirement of officers on grounds of physical unfitness: -

(1) Where an officer not below the rank of a Deputy Inspector-General considers that an officer of the Security Guard is unfit to perform his duties because of his physical condition, the officer shall be brought before a medical board.

(2) The medical board shall consist of such officers and shall be constituted in such manner as may, from time to time, be laid down by the Director- General.

(3) Where the medical board considers the officer to be unfit for service, the Central Government shall, if it agrees with the finding of the Medical Board, communicate to the said officer the findings of the medical board and thereupon, within a period of fifteen days of such communication, the officer may make a representation against it to the Central Government.

(4) The Central Government may, on receiving the representation from the officer, refer the case to be reviewed by a fresh medical board constituted for the purpose and order the retirement of the said officer if the decision of the fresh medical board is adverse to him.

19 Retirement of Assistant Commanders on grounds of unsuitability - Where a Commander not below the rank of Group Commander is satisfied that an Assistant Commander is unsuitable to be retained in the Security Guard, he may recommend to the Competent authority for the retirement of such an Assistant Commander.

Thereupon, the Inspector-General, in the case of Assistant Commander Grade I and the Deputy Inspector-General in the case of Assistant Commander Grade-II and Grade III may, after giving such an Assistant Commander, an opportunity of showing cause (except when he considers it to be impracticable to give such opportunity), retire the said Assistant Commander from the Security Guard.

20 Retirement of Rangers and Combatised Tradesmen, on grounds of unsuitability - Where a Commander not below the rank of Group Commander is satisfied that a Ranger or a Combatised Tradesman is unsuitable to be retained in the Security Guard, the Commander may, after giving such Ranger or a Combatised Tradesman an opportunity of showing cause (except where he considers it to be impracticable to give such opportunity), retire the said Ranger or a Combatised Tradesman from the Security guard.

21 Retirement of Assistant Commanders, Rangers and Combatised Tradesmen on grounds of physical unfitness -

(1) Where a Commander not below the rank of Group Commander is satisfied that an Assistant Commander, a Ranger or a Combatised Tradesman is unable to perform his duties by reason of any physical disability, he may direct that the said Assistant Commander, the Ranger or the Combatised Tradesman, as the case may be, be brought before a Medical board.

(2) The Medical Board shall be constituted in such manner as may be determined by the Director-General.

(3) Where the said Assistant Commander, Ranger or Combatised Tradesman is found by the Medical Board to be unfit for further service in the Security Guard, the Commander shall forward the proceedings of the Medical Board to the Inspector-General in the case of Assistant Commander Grade I and the Deputy Inspector-General in the case of Assistant Commander Grade II and Grade III. The Inspector General or the Deputy Inspector-General, or as the case may be, the Commander in the case of Ranger or Combatised Tradesman, shall if he agrees with the finding of the Medical Board, inform the person concerned about it, to enable him to represent against the decision of the Medical Board within a period of fifteen days from the date of receipt of such communication.

(4) Where the person declared to be unfit for further service makes a representation under sub-rule (3), the same shall be forwarded to the next superior officer, who shall have the case referred to be reviewed by a fresh medical board, which will be constituted in such manner as may be determined by the Director-General.

The superior officer may, having regard to the finding of the fresh medical board, pass such order as he may deem fit.

(5) Where no representation is made against the decision of the medical board under sub-rule (3), the Inspector-General or the Deputy Inspector-General or as the case may be, the Commander, may (if he agrees with the finding of the Medical Board), order the retirement of the Assistant Commander Grade I or the Assistant Commander Grade II and III, or as the case may be, the Ranger of Combatised Tradesman, respectively.

22. Resignation -

(1) The Central Government may, having regard to the special circumstances of any case, permit any officer of the Security Guard to resign from the Security Guard before the attainment of the age of the retirement or before putting in such number of years of service as may be necessary under the rules to be eligible for retirement:

Provided that while granting such permission the Central Government may:

(i) require the officer to refund to the Government such amount as would constitute the cost of training given to that officer; or

(ii) in case the officer is eligible for pensionary benefits under the pension rules, order such reduction in the pension or other pensionary benefits of the officer as the Government may consider to be just and proper in the circumstances.

(2) The Central Government may accept the resignation under sub-rule (1) with effect from such date as it may consider expedient:

Provided that it shall not be later than three months from the date of receipt of such resignation.

(3) The Central Government may refuse to permit an officer to resign,

(a) if an emergency has been declared in the country either due to internal disturbances or external aggression; or

(b) if it considers it to be inexpedient so to do in the interest of the discipline of the Security Guard; or

(4) The provisions of this rule shall apply to and in relation to Assistant Commanders, Rangers and Combatised Tradesmen as they apply to and in relation to any officer of the Security Guard and the powers vested in the Central Government under sub rules (1) and (2) shall be exercised in the case of an Assistant Commander Grade I, by an Inspector-General, in the case of Assistant Commanders Grades II and III by a Deputy Inspector- General and in the case of Ranger Grade I, Ranger or a Combatised Tradesman, by a Group Commander.

23. Powers to be exercised by a Superior Officer or authority - Any power conferred by the provisions of this Chapter on an officer may also be exercised by an officer or authority superior in command to the first mentioned officer.

24. Appeal against orders of dismissal, removal or retirement -

(1) A person subject to the Act other than an officer who has been dismissed, removed or prematurely retired from service, shall have the right to put in an appeal against the termination of his service to any of the authority, higher than the one who has passed the termination order within ninety days of the termination of service.

(2) In case of officers, appeal shall lie to the central Government and such appeal shall be filed within ninety days of the termination of service.

(3) Where the appellate authority sets aside the order of dismissal removal or retirement under this rule, such authority shall pass such orders as may be necessary in respect of the period of absence from duty of the person whose dismissal, removal or retirement has been set aside.

25. Date of dismissal, removal, discharge, and retirement -

(1) The effective date of dismissal, removal, resignation or retirement shall be:

(a) The date mentioned in the order of dismissal or removal or discharge or order sanctioning of accepting resignation or retirement or,

(b) If no such date is mentioned, the date on which the order was signed or the date on which the person concerned is relieved from duties, whichever is later.

2 The dismissal, removal, discharge, resignation or retirement of a personal subject to the Act shall not be retrospective.

CHAPTER - V ARREST AND INVESTIGATION 26 Forms of arrest -

(1) Arrest may be either open or close arrest.

(2) An arrest, unless otherwise specified, shall mean an open arrest.

(3) An order imposing arrest may be communicated to the person to be arrested either orally or in writing.

27 Authority to order arrest -

(1) No person subject to this Act shall be arrested on a charge under the Act except under and in accordance with the orders of a superior officer having power of command over him.

(2) Notwithstanding anything contained in sub-rule (1) any person subject to the Act may be placed under arrest by any superior officer: -

(a) if he commits an offence against such superior officer, or

(b) if he commits an offence in the view of such superior officer, or

(c) if he is behaving in a disorderly manner and the said superior officer considers it necessary to place such a person under arrest with a view to stop such disorderly behavior.

(3) A superior officer effecting arrest under sub rule (2) shall, as soon as possible, and in any case within twenty four hours of such arrest send a report to the Commander of the group or unit of which the person arrested is a member and in case of the arrest of an officer of and above the rank Group Commander to his immediate superior officer 28 Arrest how imposed- (A) Close arrest - (1) (a) Close arrest, in the case of a Ranger Grade -II and a combatised tradesmen, shall be imposed by informing the person to be arrested and ordering him to be marched to the place of confinement under an escort of persons of similar or superior rank.

(b) Where no such escort is available the person arrested shall be ordered to report himself immediately to the quarter guard or other place of confinement.

(2) (a) Close arrest in the case of officers, Assistant Commanders and Rangers Grade I shall be imposed by placing such officer, Assistant Commander, Ranger Grade I under the custody of another person of similar or superior rank and wherever considered necessary such officer, Assistant Commander or Ranger Grade I may be confined under charge of a guard

(b) The person under arrest shall not leave the place of his confinement without permission of a superior officer designated by the Commander in this behalf.

(B) Open Arrest-(3) (a) Open arrest shall be imposed by informing the person to be arrested that he is under open arrest and that he shall confine himself within such limits as may be specified in this behalf by the concerned superior officer effecting such arrest.

(b) The Commander may, from time to time, very the limits referred to in clause (a) above.

29 Release from arrest during investigation -

(1) Any person arrested under rule 27 may be released from arrest under the order of an officer:

Provided that in case of a person placed under arrest by an officer, such person shall be released from arrest under the order of an officer superior to the officer ordering arrest.

(2) Subject to the provisions of rule 30, no person except on the basis of any fresh evidence against him be re-arrested.

30 Release without prejudice to re-arrest – Pending the completion of the investigation or convening of a Court, any person, who has been placed under arrest, may without prejudice to re-arrest be released by his Commander or by any officer superior to his such Commander.

31 Arrest when to be imposed -

(1) Any person charged with:

(i) an offence under section 15 or clause (a) or clause (b) of section 16 or section 17 or section 20 or sub-section (1) of section 21

(ii) a civil offence punishable with death or imprisonment for life

(iii) any other offence under the Act:-

(a) if the interest of discipline so require, or

(b) if the person concerned deliberately undermines discipline, or

(d) if the person concerned is likely to absent himself with a view to avoid trial, or

(e) if the person concerned is likely to interfere with witnesses or tamper with evidence, shall be placed under arrest.

(2) Where any person arrested shows symptoms of sickness, medical assistance shall be provided for such persons.

32 Special provision in case of arrest of a drunken person -

(1) Where a drunken person has been arrested, he shall, as far as possible, be confined separately and shall be visited by duty officer, duty Assistant Commander or duty Ranger incharge of the guard, once every two hours.

(2) A drunken person shall not be taken before a superior officer for investigation of his case until he has become sober.

33 Arrest in case of persons whose trial has been ordered -

(1) Unless the convening officer has otherwise directed, on the commencement of the trial of a person by the Court, the said person shall be placed under arrest by his Commander and shall remain under arrest during the trial.

(2) Where a sentence lower than that of imprisonment is passed by a Court, the arrested person may be released by his Commander pending confirmation of the finding and sentence:

Provided that the convening authority may rescid, vary or modify the order passed by a Commander under sub-rule (1) or sub-rule (2) and where no such order is passed by a Commander, the convening authority may pass such order as it may deem proper:

Provided further that a person who has been sentenced to be dismissed shall not, except while on active duty, be put on any duty.

34 Delay Report -

(1) (a) The report on reason for delay as required under section 57 shall be in the form set out in Appendix I and it shall be sent by the Commander to the Deputy Inspector –General under whom the accused may be serving

(b) A copy of the eighth delay report and every succeeding report thereof shall also be sent to the Inspector General under whom the accused may be serving.

(2) Where the accused is kept under arrest for a period exceeding three months without being brought to trial, a special report regarding the action taken and the reasons for the delay shall be sent by the Commander to the Director- General with a copy each to the Deputy Inspector General and the Inspector- General concerned.

35 Rights of a person under arrest - (1) (a) Any person placed under arrest shall, at the time of being placed under arrest, be given in writing by the officer effecting the arrest of the particulars of the charges against him.

(b) Notwithstanding anything contained in clause (a), where during the investigation other offences committed by the accused are discovered, it shall be lawful to charge such person with those offences.

(2) (a) The duty officer or duty Assistant Commander shall every day make a visit to the person under arrest and take the orders of the Commander on any request or representation made by the person under arrest.

(b) The request or representation made by the person under arrest shall be entered in the form set out in Appendix II.

CHAPTER VI CHOICE OF JURISDICTION BETWEEN SECURITY GUARD COURT AND CRIMINAL COURT 36 Trial of cases either by Security Guard Court or Criminal Court - (1) Where an offence is triable both by a criminal court and a Security Guard Court, an officer referred to in section 77 may -

(i) (a) where the offence is committed by the accused in the course of the performance of his duty as a member of the Security Guard, or

(b) where the offence is committed in relation to property belonging to the Government or the Security Guard or a person subject to the Act, or

Direct that any person subject to the Act, who is alleged to have committed such an offence, be tried by a Security Guard Court; and

(ii) in any other case, decide whether or not it would be necessary in the interest of discipline to claim for trial by a Court any person subject to the Act who is alleged to have committed such an offence.

(2) in taking a decision to claim an offender for trial by a Security Guard Court, an officer referred to in section 77 may take into account all or any of the following factors, namely :

(a) the offender is on active duty or has been warned for active duty and it is felt that he is trying to avoid such duty;

(b) the offender is a young person undergoing training and the offence is not a serious one and the trial of the offender by a criminal court would materially affect his training.

37 Cases which may not be tried by Security Guard Court- Without prejudice to the provisions of sub-rule (1) of rule 36, an offender may not normally be claimed for trial by a Security Guard Court: -

(a) where the offence is committed by him alongwith any other person not subject to the Act whose identity is known; or

(b) where the offence is committed by him while on leave or during absence without leave.

CHAPTER VII INVESTIGATION AND SUMMARY DISPOSAL 38 Statements of allegations - Where it is alleged that a person subject to the Act has committed an offence punishable thereunder, the allegation shall be reduced to writing in the form set out in Appendix III in the case of persons of and below the rank of Ranger Grade I and in the form set out in Appendix IV in the case of officers and Assistant Commanders.

39 Hearing by the Team Commander and Squadron Commander -

(1) (a) In the case of a person, subject to the Act, other than an officer and an Assistant Commander, the case may, in the first instance, be heard by his Team Commander or by his Squadron Commander.

(b) The witnesses shall be heard in the presence of the accused who shall have the right to cross-examine them.

(2) After hearing the accused under sub-rule (1), the Team Commander or the Squadron Commander, as the case may be, may award any punishment which he is empowered to award, or dismiss the charge when the charge is not proved. or refer the case for disposal by the Commander:

Provided that he shall not dispose of the case which has been reserved by the Commander for disposal by himself or if the accused is under close arrest.

40 Hearing by the Commander -

(1) The Commander of and above the rank of Group commander may hear the charge against all ranks in accordance with the provisions of sub-rule (1) of rule 39 and may,

(i) award any punishment which he is empowered to award in respect of persons of and below the rank of a Ranger Grade I or

(ii) dismiss the charge, or

(iii) remand the case for preparing a record of evidence or an abstract of evidence against the accused, or

(iv) in the case of an accused of and below the rank of Ranger Grade I remand the accused for trial by Summary security Guard Court:

Provided that

(a) in the case of an officer, the evidence of witnesses shall be reduced to writing if he so demands

(b) the Commander shall dismiss the charge, if in his opinion, the charge is not proved or may dismiss it if he considers that because of the previous character of the accused and the nature of the charge against him, it is not advisable to proceed further with it . In case of an Officer, he shall record reasons for dismissing the charge.

(c) Where a case in respect of an Officer has been referred to the Commander by a superior authority for initiation of disciplinary action, the Commander shall not dismiss the charge without reference to such authority.

(d) In case of all offences punishable with death, a record of evidence shall be prepared.

(2) Where the Commander is of the opinion that the charge against an officer or an Assistant Commander is of a serious nature, he may, without hearing the charge in accordance with the provisions of sub-rule (1), straightaway order a record of evidence or an abstract of evidence to be prepared in the case

(3) Where the Commander is of the opinion that the charge against an officer or an Assistant Commander does not deserve to be dismissed, and the charge is also not so serious as may warrant trail by a Security Guard Court, he may in the case of an Assistant Commander, either dispose of the case himself or refer it to the appropriate authority for disposal under the provisions of section 54. In the case of an Officer, he may refer the case to the appropriate authority for summary disposal under the provisions of section 53.

(4) Where disciplinary action is intended to be taken against an officer in commander of a Group, or a Unit, or a Headquarter, such Officer shall be removed from the command of the Group, the Unit, or the Headquarters, as the case may be, and for the purpose, shall be attached to or posted to a Group Unit, or a Headquarters under the Command of an Officer senior to the Officers to be so attached or posted.

41 Procedure for summary disposal of charges against Officers -

(1) Where an Officer is remanded for the summary disposal of a charge against him, he shall be provided substance of evidence available against him or a copy of the record or abstract of evidence, if prepared, along with a copy of the charge-sheet as soon as practicable and in any case not less than 24 hours before the commencement of the proceedings

(2) The Officer dealing with the case under section 53 shall, unless the accused has consented in writing to dispense with the attendance of witnesses, hear the evidence in the presence of the accused who shall have the right to crossexamine witnesses. The accused shall have the right to call any witness and make a statement in his defence.

(3) Proceedings shall be recorded as far as practicable in accordance with the form in Appendix XIV, and in every case in which the punishment is awarded, the proceedings alongwith substance of evidence or record or abstract of evidence, as the case may be shall be forwarded to the next higher authority through the Judge Attorney-General or any Officer authorized by him who may if the punishment awarded appears to him to be illegal, unjust or excessive, vary or remit the punishment or set aside the proceedings, or make such other directions as may be appropriate in the circumstances of the case.

(4) An Officer who considers himself aggrieved by any decision given under this rule, may submit one petition through his Commander, with one month of the disposal of the case to the Director General who may pass such order or direction as may be appropriate in the circumstances of the case

42. Summary disposal of charges against Assistant Commander -

(1) Where an Assistant Commander is charged with an offence under the Act, he shall be dealt with by the authority empowered under section 54 in the same manner as nearly as circumstances admit, as provided in rule 41.

(2) Proceedings shall be recorded as soon as practicable in accordance with the form in appendix XIV, and in every case in which the punishment is awarded, the proceedings alongwith substance of evidence or record or abstract of evidence, as the case may be, shall be forwarded to the next higher authority through the Judge Attorney-General or any officer authorised by him who may, if the punishment awarded appears to him to be illegal, unjust or excessive, vary or remit the punishment or set-aside the proceedings,or make such other directions as may be appropriate in the circumstances of the case.

(3) An Assistant Commander who considers himself aggrieved by any decision given under this rule may submit one petition through his Commander within one month of the disposal of the case, to the authority superior to the one who awarded the punishment, and such authority may pass such order or direction as may be appropriate in the circumstances of the case.

43. Attachment to another unit - The Commander shall not deal with any case.

(i) Where the offence with which the accused is charged is against the Commander himself, or

(ii) Where the Commander is himself a witness in the case against the accused,

(iii) Where the Commander is otherwise personally interested in the case, the accused shall be attached to another Group or Unit or a head quarter for disposal of the case under the order of the competent authority.

Provided that a Commander shall not be disqualified from hearing a charge merely because the offence was committed against the property of a Security Guard Mess, band or institution of which the Commander is a member or trustee or because the offence is one of disobedience of such commander’s orders

44. Charges not to be dealt with summarily - A charge for an offence under section 15 or clauses (a) and (b) of section 16 or section 17 or clause (a) of section 18 or clause (a) of section 20 or clause (a) of section 23 or section 45 (other than that for simple hurt or theft) or a charge for abetment of or an attempt to commit any of these offences, shall not be dealt with summarily.

45. Record of evidence -

(1) The Commander may either prepare the record of evidence himself or detain another officer to do so.

(2) The witnesses shall give their evidence in the presence of the accused and the accused shall have right to cross-examine all witnesses who give evidence against him.

(3) After all the witnesses against the accused have been examined, he shall be cautioned in the following terms; ”You may make a statement if you wish to do so, you are not bound to make one and whatever you state shall be taken down in writing and may be used in evidence”. After having been cautioned in the aforesaid manner whatever the accused states shall be taken down in writing.

(4) The accused may call witnesses in defence and the officer recording the evidence may ask any question that may be necessary to clarify the evidence given by such witnesses.

(5) All witnesses shall give evidence on oath or affirmation:

Provided that, no oath or affirmation shall be given to the accused nor shall he be cross-examined.

(6) (a) The statements given by witnesses shall ordinarily be recorded in narrative form and the officer recording the evidence may, at the request of the accused, permit any portion of the evidence to be recorded in the form of question and answer.

(b) The witnesses shall sign their statements after the same have been read over and explained to them.

(7) The provisions of section 86 shall apply for procuring the attendance of witnesses before the officer preparing the record of evidence. Witnesses shall be summoned as per specimen given in Appendix XV.

(8) Where a witness cannot be compelled to attend or is not available or his attendance cannot be procured without an undue wastage of time or expenditure of money and after the officer recording the evidence has given a certificate in this behalf, a written statement signed by such witness may be read to the accused and included in the record of evidence.

(9) After the recording of evidence is completed, the officer recording the evidence shall give a certificate in the following form:- “Certified that the record of evidence ordered by ………………………………Commander………………was made in presence and hearing of the accused and the provisions of rule 45 have been complied with”

(10) No counsel or legal practitioner shall be permitted to appear before the Officer making the record of evidence.

46. Abstract of evidence -

(1) An abstract of evidence shall be prepared either by the commander or an officer detailed by him.

(2) (a) The abstract of evidence, shall include.

(i) signed statements of witnesses wherever available or a precise thereof, and

(ii) copies of all documents intended to be produced at the trial.

(b) Where signed statements of any witnesses are not available, a precise of the evidence that the witnesses are likely to give shall be included.

(3) A copy of the abstract of evidence shall be given by the officer making the same to the accused and the accused shall be given an opportunity to make a statement if he so desires after he has been cautioned in the manner laid down in sub-rule (3) of rule 45:

Provided that the accused shall be given such time as may be reasonable in the circumstances but in no case less than twenty four hours after receiving the abstract of evidence to make his statement.

47 Investigation of cases by Police -Where the Commander considers it necessary so to do, he may lodge a report with the police for investigation of any case

48. Disposal of case by Commander after record or abstract of evidence -

(1) Where an officer has been detailed to prepare the record of evidence or to make an abstract thereof he shall forward the same to the Commander.

(2) The Commander may, after going through the record or abstract of evidence prepared by him or by another officer: -

(i) remand the case for recording additional evidence, if required, or

(ii) dismiss the charge provided that where disciplinary action has been initiated against an officer on a reference from a superior authority, the charge shall not be dismissed without reference to such an authority, or

(iii) rehear the charge and award one of the summary punishments, or

(iv) try the accused summarily under section 51 or by a Summary Security Guard Court where he is empowered so to do, or

(v) remand the case for summary disposal by the competent authority in the case of an Officer or an Assistant Commander, or

(vi) Apply to a competent officer or authority to convene a court for the trial of the accused.

49 Application for a Court - An application for a court shall, as far as possible be made by the commander in the form set out in appendix V and shall be accompanied by five copies of the record or abstract of evidence and charge-sheet and such other documents as are mentioned in that application form.

CHAPTER VIII ON CHARGES AND MATTERS ANTECEDENT TO TRIAL 50 Charge-sheet -

(1) A charge sheet shall contain the whole of the issue or issues to be tried at one time and may contain more than one charge, if the charges are founded on the same facts or form part of a series of offences of same or similar character;

Provided that a charge under sections 18,19,28 and 31 may be included in any charge sheet, notwithstanding that other charges in that charge sheet are not founded on the same facts or do not form part of a series of offences of the same or similar character.

(2) Every charge sheet shall, as far as possible be prepared as per the specimen setout in appendix IV.

51 Charges -

(1) there shall be a separate charge for each offence.

(2) (a) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged which having committed all or any of such offences, and any number of such charges may be tried at once or he may be charged in the alternative with having committed some one of the said offences.

(b) The charge for the more serious offence shall precede the one for the less serious offence.

(3) Each charge shall consist of two parts, namely:-

(a) statements of the offence, and

(b) particulars of the offence.

(4) The offence shall be stated, if not a civil offence, as nearly as practicable, in the words of the Act, and if a civil offence, in such words as would sufficiently describe that offence.

(5) (a) The particulars shall state the time and place of the alleged offence and the person (if any) against whom, or the thing (if any) in respect of which he was committed and these should be sufficient to give the accused notice of the matter with which he is so charged.

(b) In case such particulars are not sufficient to give the accused notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the offence was committed as will be sufficient for that purpose.

52 Joint charges -

(1) Any number of accused may be charged jointly and tried together for an offence averred to have been committed jointly by them.

(2) Any number of accused though not charged jointly may also be tried together for an offence averred to have been committed by one or more of them and abetted by other or others.

(3) Where the accused are so charged under sub rule (1) or sub rule (2), any one or more of them may be charged with, and tried for, any other offence with which they could have been charged under such rule (1) of rule 50.

53 Validity of charge sheet - A charge sheet shall not be invalid merely by reasons of the fact that, it contains any mistake in the name or description of the accused, and in the construction of a charge sheet there shall be presumed in favour of supporting it every proposition which may reasonably be presumed to be impliedly included, though not expressed therein, and the statement of the offence and the particulars of the offence shall be read and constured together.

54 Amendment of the charge by the Security Guard Court -

(1) 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.

(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 alternation 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 55 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

55. Amendment of charge by Convening Officer -When a Security Guard Court reports to the convening officer under either rule 54 or rule 70 he may amend the charge in respect of which the Court has reported to him, by making any addition to, omission from or alteration in the charge which, in his opinion, is desirable in the interest of justice and which he is satisfied, can be made without unfairness to the accused.

CONVENING OF GENERAL AND PETTY SECURITY GUARD COURTS

56. Action by a superior Authority on receiving an application for convening a Court -

(1) As soon as a superior officer receives an application for convening a court, he shall scrutinise the charge and the evidence against the accused, where necessary in consultation with the Judge Attorney-General or an officer detailed for the purpose, by the Judge Attorney General and he,

(i) shall direct the Commander to dismiss the charge where the evidence against the accused is insufficient and further evidence is not likely to be available and may direct him to do so if he considers it inadvisable to proceed with the trial ; or

(ii) may return the case to the Commander for being tried by a summary Security Guard Court or being dealt with summarily if he considers that the same can be adequately so tried or dealt with; or

(iii) may dispose of the case administratively and if he is not competent to do so, may forward the case to higher authority with his recommendations; or

(iv) may return the case for recording further evidence, if he considers the evidence recorded insufficient but considers that further evidence may be available.

(2) (a) In any other case he may either himself convene a court or if he considers that a higher type of Court should be convened and he is not empowered to convene such a Court, forward the case to a higher authority with recommendation that such court may be convened.

(b) The higher authority on receiving the case may exercise any of the powers given in sub-rule (1):

Provided that a superior officer or higher authority before convening a General Security Guard Court or a Petty Security Guard Court shall take the advice of the Judge Attorney General or an officer detailed for the purpose by the Judge Attorney General;

Provided further that the superior authority or higher authority while convening a court may reframe the charge sheet on which the accused is to be tried.

57. Disqualification of officers for serving on General and Petty Security Guard Courts - An officer shall be disqualified from serving on a court, if he:

(i) is an officer who convened the court; or

(ii) is the prosecutor or a witness for the prosecution; or

(iii) has taken any part in the investigation of the case, which would have necessitated applying his mind to any part of the evidence or to the facts of the case; or

(iv) is the Commander of the accused, or the Deputy Inspector-General under whose command the unit in which the accused was serving at the time the alleged offence was committed; or

(v) has a personal interest in the case.

58. Composition of General and Petty Security Guard Courts -

(1) A court shall consist, as far as practicable, of officers of different units.

(2) The member of a Court for the trial of an officer shall be of a rank not lower than the rank of that officer, unless in the opinion of the convening officer, officers of such rank are not, having due regard to the exigencies of public service, available. Such opinion shall be recorded in the convening order.

59 Duties of convening officer when convening courts -When an officer convenes a court he shall: -

(a) issue a convening order in the appropriate form set out in Appendix VI.

(b) direct upon what charges the accused is to be tried and ensure that the accused has been remanded for trial by a court upon these charges, by his Commander;

(c) if he is of the opinion that charges shall be put in separate charge sheets so direct and shall also direct the order in which they are to be tried;

(d) direct, if there is more than one accused whether the accused are to be tried jointly or separately;

(e) appoint members of the Court and any waiting members;

(f) if convening ;

a General Security Guard Court; or a petty Security Guard Court which he considers should be attended by a Judge Attorney, take the necessary steps to procure the appointment of a Judge Attorney by or on behalf of the Jude Attorney general and may also appoint an officer to be under his instruction at the trial;

(g) appoint an officer, subject to the Act or a counsel assisted by such an officer to prosecute :

Provided that the convening officer may appoint more than one such officer or counsel to prosecute if he thinks fit;

(h) appoint an interpreter wherever necessary;

(i) send to the senior member the charge sheet, the convening order and a copy of the record or abstract of evidence from which any evidence, which in his opinion would be inadmissible at the trial has been expurgated;

(j) forward to each member of the Court and to each waiting member a copy of charge sheet and the convening order:

(k) forward to the prosecutor copies of the charge sheet and convening order and the original record or abstract of evidence together with an unexpurgated copy thereof showing the passages (if any) which have been expurgated in the copy sent to the senior member;

(l) forward to the Judge Attorney(if any) copies of the charge sheet and convening order and an unexpurgated copy of the record or abstract of evidence showing the passages(if any) which have been expurgated in the copy sent to the senior member;

(m) ensure that the Commander has summoned all the prosecution witnesses and such defence witnesses as the accused may have requested to be summoned under rule 61.

60 Preparation of defence by the accused -

(1) An accused, who has been remanded for trial, shall be afforded proper opportunity for preparing his defence and shall be allowed proper communication with his defending officer or counsel and with his witnesses.

(2) A defending officer, as far as possible of the choice of the accused, shall be appointed to defend an accused who has been remanded for trial unless the accused states in writing that he does not wish such an appointment to be made.

(3) If the prosecution is to be undertaken by a legally qualified officer or by a counsel the accused shall be notified of this fact in sufficient time to enable him, if he so desires to make arrangements for a legally qualified officer or counsel to defend him

(4) As soon as practicable after a decision has been taken to place the accused on trial and in any case not less than four days before his trial he shall be given;

(a) a copy of the charge sheet ;

(b) an unexpurgated copy of the record or abstract of evidence showing the passages (if any) within, which have been expurgated in the copy sent to the senior member;

(d) If the accused so requires, a list of the ranks, names, and units of the members who are to form the court and of any waiting members.

(5) When an accused is given a copy of the charge sheet and of the record or abstract of evidence in accordance with this rule, he shall;

(a) have the charge explained to him and;

(b) be informed that, upon his making a written request to his Commander not less than twenty four hours before his trial requiring the attendance at his trial of a witness (other than a witness for the prosecution) whom he desires to call in his defence (such witness to be named by him), reasonable steps will be taken in accordance with these rules to procure the attendance of any such witness at his trial.

(6) The provisions of sub-rules (2) and (3) shall not apply in relation to a trial before a Summary Security Guard Court and in relation to such a trial the period of four days referred to in sub-rule (4) shall be construed as twenty four hours.

61 Summoning of defence witness -

(1) Subject to the provisions of sub-rules (2) and (3), the Commander shall, on a request made in this behalf by the accused, summon such witnesses as are specified by the accused

(2) Where the Commander is satisfied that the evidence to be given by any witness is not likely to be of material assistance at the trial, he may refuse to summon such witness and while doing so he shall record in; writing the reasons for not calling the witness.

(3) The Commander may, before summoning any witnesses require the accused to defray or undertake to defray the cost of attendance of such witness and if the accused refuses to defray or undertake to defray the cost aforesaid, the Commander may refuse to procure the attendance of that witness.

(4) Where the Commander has refused to summon the witness under sub-rule

(2) or sub-rule (3), the accused may make an application to the Court for the summoning of such witness and the Court may, if it considers it to be expedient in the interests of justice, order the summoning of such witness and, if necessary, adjourn the proceedings for the attendance of such witness.

Explanation-For summoning witnesses, summons as per specimen given in appendix XV shall be issued.

CHAPTER IX PROCEDURE FOR GENERAL AND PETTY SECURITY GUARD COURTS 62 Assembly and swearing of court -

(1) Upon a Security Guard 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;

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

(e) that if there is a Judge Attorney, 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 (I) is not competent to rectify such matter itself 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.

63 Commencement of Trial -

(1) The order convening the Court and the names of the officers appointed to try the accused shall be read in the hearing of the accused who shall be given an opportunity to object to any of those officers in accordance with section 81.

(2) When a court is to try more than one accused whether separately or jointly, each accused shall be given an opportunity to object to any officer on the Court in accordance with the foregoing sub-rule and shall be asked separately whether he has any such objection.

(3) An accused shall state the names of all the officers to whom he objects before any objection is disposed of.

(4) If more than one officer is objected to, the objection to each officer shall be disposed of separately and the objection to the lowest in rank shall be disposed of first.

(5) An accused may make a statement and call any person to make a statement in support of his objection.

(6) An officer to whom the accused has objected may state in open Court any thing relevant to the objection of the accused whether in support or in rebuttal thereof.

(7) An objection to an officer shall be considered in closed Court by all the other officers on the Court and the officer objected to shall not be present at that time.

(8) When an objection to an officer is allowed under sub-section (3) of section 81 that officer shall forthwith retire and take no further part in the proceedings.

(9) When an officer objected to retire and there is duly qualified waiting member in attendance, the presiding officer shall immediately appoint him to take the place of the officer who has retired.

(10) The Court shall satisfy itself that a waiting member who takes the place of a member of the Court is of the required rank and not disqualified under the Act and shall give the accused an opportunity to object to him and shall deal with any such objection in accordance with the Act and these rules.

(11) If as the result of the allowing of an objection to a member there are insufficient officers available to form a Court in compliance with the Act, the Court shall report to the convening officer without proceeding further with the trial and the convening officer may either appoint an officer as a member to fill the vacancy or convene a fresh Court to try the accused.

64 Swearing or affirming of members - as soon as the Court is constituted with the proper number of officers who are not objected to or objections in respect of whom have been overruled on oath or affirmation shall be administered to every member in presence of the accused in one of the following forms or in such other form to the same purport as the Court ascertains to be according to his religion or otherwise binding on his conscience.

FORM OF OATH “ I………………………………swear by Almighty God, that I will, well and truly, try the accused (or accused persons), before the Court, according to the evidence, and that I will, duly administer justice, according to the National Security Guard Act, 1986, without partiality, favour or affection; and I do further swear that I will not, on any account, at any time, whatsoever, disclose or discover, the vote or opinion of any particular member of the Court unless required to give evidence thereof by a court of law ”.

FORM OF AFFIRMATION “ I……………………………….do solemnly, sincerely and truly, declare and affirm, that I will well and truly, try the accused (or accused persons), before the Court, according to the evidence, and that I will, duly administer justice according to the National Security Guard Act, 1986, without partiality, favor or affection;

and I do further solemnly, sincerely and truly declare and affirm that I will not, on any account, at any time, whatsoever, disclose or discover, the vote or opinion of any particular member of this Court unless required to give evidence thereof by a Court of Law. ” 65 Swearing or affirmation of Judge Attorney and other officers -After the members of the Court are all sworn or have made affirmation, an oath or affirmation shall be administered to the following persons or such of them as are present at the Court in such of the following forms as shall be appropriate, or in such other form to the same purport as the Court ascertains to be according to the religion, or otherwise binding on the conscience of the person to be sworn or affirmed.

JUDGE ATTORNEY FORM OF OATH I, ………………swear by Almighty God that I will, to the best of my ability, carry out the duties of Judge Attorney, in accordance with the National Security Guard Act 1986,and the rules made thereunder without partiality, favour or affection, and I do further swear that I will not, on any account, at any time, whatsoever, disclose or discover the vote or opinion on any matter of any particular member of this Court, unless required to give evidence thereof by a court of law.

FORM OF AFFIRMATION “ I, ………………….do hereby, solemnly, sincerely and truly declare and affirm that I will, to the best of my ability, carry out the duties of Judge Attorney in accordance with the National Security Guard Act, 1986, and the rules made thereunder without partiality, favour or affection, and I do further solemnly, sincerely and truly declare and affirm, that I will not, on any account, at any time, whatsoever, disclose or discover the vote or opinion, on any matter, of any particular member of this court, unless required to give evidence thereof by a court of law.” (B) OFFICER ATTENDING FOR THE PURPOSE OF INSTRUCTION FORM OF OATH I, ……………… ……….swear by Almighty God that I will not on any account; at any time, what so ever, disclose or discover the vote or opinion of any particular member of this Court unless required to give evidence thereof by a court of law.

FORM OF AFFIRMATION I, ……………………….do solemnly, sincerely and truly, declare and affirm that I will not on any account, at any time, whatsoever, disclose or discover the vote or opinion of any particular member of this Court unless required to give evidence thereof by a Court of Law.

(C) SHORTHAND WRITER FORM OF OATH I, ………………………swear by Almighty God that I will truly take down to the best of my power, the evidence to be given before this Court and such other matters as I may be required to take down and will, when required, deliver to the Court a true transcript of the same FORM OF AFFIRMATION I. ………………………do solemnly, sincerely and truly, declare and affirm, that I will truly take down to the best of my power the evidence to be given; before this Court and such other matters as I may be required to take down and will, when required , deliver to the court a true transcript of the same.

(D) INTERPRETER FORM OF OATH I, ……………………….. swear by almighty God that I will faithfully, interpret and translate, as I shall be required to do ,touching the matter before this Court.

FORM OF AFFIRMATION I, …………………………do solemnly, sincerely and; truly declare and affirm that I will faithfully interpret and translate, as I shall be required to do, touching the matter before this Court.

66 Objection to Interpreter or shorthand Writer - A person shall not be sworn or affirmed as an interpreter or shorthand writer, if he is objected to by the accused unless the Court, after hearing the accused and the prosecutor, disallows such objections as being unreasonable.

67 Objection to Judge Attorney and Prosecutor - The accused shall not be permitted to object to the Judge Attorney or the prosecutor.

68 Arraignment -

(1) When the court and the Judge Attorney (if any) have been sworn, the charge will be read to the accused and shall be asked whether he pleads guilty or not guilty to the charge or charges.

(2) If there is more than one charge, against the accused he shall be required to plead separately to each charge.

(3) If there is more than one charge-sheet against the accused, before the court, the Court shall proceed with the charges in the first of such charge-sheets and shall announce its finding thereon and if the accused has pleaded guilty, comply with rule 75, before it arraigns him upon the charges in any subsequent charge-sheet.

69 Plea to Jurisdiction -

(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.

70 Objection to the charge -

(1) An accused before pleading to a charge may object to it on the grounds that it is not correct in law or is not framed in accordance with these rules and 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 if permissible under rule 54 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 under this rule, proceed with the trial of such other charge or other charge-sheet.

(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 objection;-

(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 of such other charge or charge-sheet only; or

(iii) amend the charge to which the objection relates, if permissible under rule 55, and direct the Court to try it as amended,

(b) If he disapproves the decision of the Court to allow the objection;-

(i) direct the court to try 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 such other charge or charge-sheet only; or

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

71 Plea in bar of trial -

(1) An accused before pleading to charge may offer a plea that the trial is barred under section 72 or section 73. If he does so:-

(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:

Provided that if there is another charge or another charge-sheet before the Court, the Court may, before adjourning under this rule, proceed with the trial of such other charge or other charge sheet

(3) When a 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,

(i) dissolve the Court; or

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

(b) If he disapproves the decision of the Court to allow the plea: -

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

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

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

72. Application for separate trial -

(1) Where two or more accused are charged jointly, any one of the accused may, before pleading to the charge, apply to the Court to be tried separately on the ground that he would be prejudiced in his defence if he were not tried separately.

(2) where the accused makes such an application, the prosecutor may address the Court in answer thereto and the accused may reply to the prosecutor’s address.

(3) Where the Court is of the opinion that the interests of justice so require it shall allow the application and try separately the accused who made it.

73. Application for trial on separate charge sheet -

(1) Where a charge-sheet contains more than one charge, the accused may, before pleading to the charges, apply to the Court to be tried separately on any charge in that charge-sheet on the ground that he would be prejudiced in his defence if he were not tried separately on that charge.

(2) Where the accused makes such an application, the prosecutor may address the Court in answer thereto and the accused may reply to the prosecutor’s address.

(3) Where the Court is of the opinion that interests of justice so require, it shall allow the application and try the accused separately on the charge to which it relates as if that charge had been inserted in a separate charge sheet.

74. Pleading to the charge -

(1) After any plea under rules 69 and 71, any objection under rule 70 and any applications under rules 72 and 73 have been dealt with, the accused shall be required subject to sub-rule (2) to plead either guilty or not guilty to each charge on which he is arraigned.

(2) Where a Court is empowered by section 90 to find an accused guilty of an offence other than that charged or guilty of committing the offence in circumstances involving a less degree of punishment or where it could after hearing the evidence, make a special finding of guilty subject to exceptions or variations in accordance with rule 95, the accused may plead guilty to such other offence or to the offence charged as having been committed in circumstances involving a less degree of punishment or to the offence charged subject to such exceptions and variations.

75. Acceptance of plea of guilty -

(1) Where an accused pleads guilty to a charge under either sub-rule (1) or subrule (2) of rule 74, the presiding officer or Judge Attorney shall, before the Court decides to accept the plea, explain to the accused the nature of the charge and the general effect of his plea and in particular to difference in procedure when an accused pleads guilty and when an accused pleads not guilty.

(2) The Court shall then cause the prosecutor to read the record or abstract of evidence to the Court or inform the Court of the facts contained therein: -

Provided that if an expurgated copy of the record or abstract of evidence was sent to the presiding officer, the prosecutor shall not read to the Court those parts of the record of abstract of evidence which have been expurgated or inform the Court of the facts contained in those parts, and shall not hand over the original record or abstract of evidence to the Court until the trial is concluded. Where there is no record or abstract of evidence, the Court shall record, in accordance with these rules, sufficient evidence to enable it to determine the sentence.

(3) A Court shall not accept a plea of guilty under sub-rule (1) of sub-rule (2) of rule 77, if, -

(a) the Court is not satisfied that the accused understands the nature of the charge or the effect of his plea; or

(b) the presiding officer having regard to the evidence contained in the record of evidence or the abstract of evidence and all the circumstances, considers that the accused should plead not guilty: or

(4) (a) In the case of a plea of guilty under rule 76, a Court shall not accept the plea unless the convening officer concurs and it is satisfied of the justice of such course.

(b) The concurrence of the convening officer may be signified by the prosecutor.

(5) When a plea of guilty under sub-rule (1) or sub-rule (2) of rule 74 is not accepted by the Court or the accused either refuses to plead to the charge or does not plead to it intelligibly, the Court shall record a plea of not guilty.

(6) When a Court is satisfied that it can properly accept a plea of guilty under sub-rule (1) sub-rule (2) of rule 74, it shall record a finding of guilty in respect thereof.

(7) After the Court has recorded its findings, it shall give an opportunity to the accused to adduce evidence of character and to make a statement in mitigation of punishment.

(8) If from the evidence adduced by the accused and his statement made under sub-rule (7) the Court is satisfied that the accused did not understand the effect of the plea of guilty, it should alter the record and enter a plea of not guilty and proceed with the trial accordingly.

(9) After sub-rule (7) has been complied with and if Court has decided to accept the plea of guilty, the Court shall proceed as directed in rule 97.

76. Plea on alternative charge -

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

77. 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 pleaded not guilty and no other accused who has pleaded not guilty to a charge in that charge-sheet, it shall proceed with the trial as directed by rule75.

(2) Where there is another charge in the charge-sheet to which the accused has pleaded not guilty or there is another accused who has pleaded not guilty to a charge in that charge-sheet, the Court shall not comply with rule 75 until after it has dealt with such other charge or tried such other accused and has announced and recorded its finding in respect thereof.

78. Change of plea -

(1) An accused who has pleaded not guilty may at any time before the Court closes to deliberate on its finding withdraw his plea of not guilty and substitute a plea of guilty (including a plea of guilty under rule 76) and in such a case the Court shall, if it is satisfied that it can accept the accused's changed plea under these rules, record a finding in a accordance with the accused's changed plea and so far as is necessary proceed as directed by rule

75.

(2) Where at any time during the trial it appears to the Court that an accused who has pleaded guilty does not understand the effect of his plea or the nature of the charge the Court shall enter a plea of not guilty and proceed with the trial accordingly.

(3) When the Court records a plea of not guilty in respect of any charge under sub-rule (2) it shall, if there was a charge laid in the alternative thereto which the prosecutor withdrew under rule 76 reinstate such alternative charge, arraign the accused thereof and proceed with the trial as if it had never been withdrawn.

79. Procedure on pleas of not guilty - After a plea of not guilty to any charge has been recorded :-

(i) The Court shall ask the accused whether he wishes to apply for an adjournment on the ground that any, of these rules relating to procedure before trial have not been complied with and that he has been prejudiced thereby or on the ground that he has not had sufficient opportunity for preparing his defence;

(ii) Where the accused applies for an adjournment;

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

(b) the prosecutor may address the Court in answer to the application and the accused may reply to the prosecutor’s address;

(iii) The Court may grant an adjournment if it thinks the interests of justice so require.

80. Opening address -

(1) The prosecutor may, if he so desires, and shall, if required by the Court, make an opening address explaining the charge and the nature and general effect of the evidence which he proposes to adduce.

(2) The witnesses for the prosecution shall then be called and give their evidence.

81. Additional witness - Where the prosecutor intends to adduce evidence which is not contained in any record or abstract of evidence given to the accused, notice of such intention together with the particulars of the evidence shall, when practicable, be given to the accused at a reasonable time before the evidence is adduced. If such evidence is adduced without such notice or particulars having been given, the Court may, if the accused so desires either adjourn after receiving the evidence of allow any cross-examination arising out of that evidence to be postponed, and the Court shall inform the accused of his right to apply for such an adjournment or postponement.

82. Dropping witnesses - The prosecutor shall not be bound to call all the witnesses against the accused whose evidence is contained in the record or abstract of evidence, nor a witness when he has notified the accused that he intends to call under rule 81, but if the prosecutor does not intend to call such witness to give evidence, he shall give the accused reasonable notice that he does not intend to call the witness and that the accused will be allowed to communicate with him and to call him as a witness for the defence, if he so desires and if the witness is available.

83. Withdrawal of witnesses - During a trial, a witness other than the prosecutor or accused shall not, except by leave of the Court, be in Court while not under examination, and if while he is under examination, a discussion arises as to whether a question is to be allowed or not with regard to his evidence the Court may direct the witness to withdraw during such discussion.

84. Examination of witness -

(1) A witness may be examined by the person calling him and may be crossexamined by the opposite party to the proceedings and on the conclusion of any such cross-examination may be re-examined by the person who called him on matters arising out of the cross-examination.

(2) (a) The person examining a witness shall put his questions to the witness orally and unless an objection is made by the witness, the Court, the Judge Attorney, the prosecutor or by the accused, the witness shall reply forthwith.

(b) Where such an objection is made, the witness shall not reply until the objection has been disposed of.

(3) The court may allow the cross-examination or re-examination of a witness to be postponed.

(4) Before the examination of a witness, he shall be administered an oath or affirmation in the following form or in such other form to the same purport as the Court ascertains to be in accordance with his religion or otherwise binding on his conscience.

FORM OF OATH I, …………………….. swear by Almighty God that whatever I shall state, shall, be the truth, the whole truth and nothing but the truth.

FORM OF AFFIRMATION I, ……………………….do solemnly, truly and sincerely declare and affirm that whatever I shall state, shall be the truth, the whole truth and nothing but the truth.

85. Questioning by the Court -

(1) The presiding officer, the Judge Attorney and any member of the Court may put questions to a witness.

(2) Upon any such question being answered, the prosecutor and the accused may put to the witness such questions arising from the answer, which he has given as seem proper to the Court.

86. Reading over the evidence -

(1) (a) The record which has been made of the evidence given by a witness shall be read back to him before he leaves the Court and when this is done he may ask for the record to be corrected or explain the evidence which he has given.

(b) Where any such correction is made or explanation given, the prosecutor and the accused may put such questions to the witness respecting the correction or explanation as seem proper to the Court.

(2) When a shorthand writer is employed it shall not be necessary to comply with sub-rule (1), if, in the opinion of the Court and the Judge Attorney (if any) it is unnecessary to do so:

Provided that if any witness so demands, sub-rule (1) shall be complied with.

87. Calling or recalling witnesses by the Court -

(1) (a) The Court may at any time before it closes to deliberate on its finding or if there is a Judge Attorney before he begins to sum up, call a witness or recall a witness, if in the opinion of the Court it is in the interest of justice to do so.

(b) Where the Court calls a witness or recalls a witness under this rule, the prosecutor and the accused may put such questions to the witness as seem proper to the Court.

(2) The prosecutor and the accused may, at any time before the Court closes to deliberate on its finding or if there is a Judge Attorney before he begins to sum up, recall a witness by leave of the Court and the prosecutor and the accused may put such questions to the witness as seem proper to the Court.

88. Submission of no case to answer and stopping of cases -

(1) (a) at the close of the case for the prosecution the accused may submit to the Court in respect of any charge that the prosecution has failed to establish a prima facie case for him to answer and that he should not be called upon to make his defence to that charge.

(b) Where the accused makes such submission the prosecutor may address the Court in answer thereto and the accused may reply to the prosecutor’s address.

(2) The Court shall not allow the submission unless it is satisfied that –

(a) the prosecution has not established-a prima facie case on the charge as laid ; and

(b) it is not open to it on the evidence to make a special finding under either section 90 or sub-rule (4) of rule 95

(3) (a) Where the Court allows the submission, it, shall find the accused not guilty of the charge to which it relates and subject to confirmation the finding shall forthwith be announced in open Court

(b) Where the court disallows the submission it shall proceed with the trial of the offence as charged.

(4) The court may, of its own motion, after the close of the hearing of the case for the prosecution, and after hearing the prosecutor find the accused not guilty of the charge and subject to confirmation the finding shall forthwith be announced in open court.

89 Case for the defence -

(1) After the close of the case for the prosecution, the presiding officer or the Judge Attorney (if any) shall explain to the accused that:-

(a) if he wishes, he may give evidence on oath as a witness or make a statement without being sworn but that he is not obliged to do either.

(b) If he gives evidence on oath, he shall be liable to be cross-examined by the prosecutor and to be questioned by the court

(2) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him the Court may, at any stage of the trial, without previously warning the accused, put such questions to him as the Court considers necessary, and shall for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence.

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

(4) The answers given by the accused may be taken into consideration in such trial and put in evidence, for or against him in any other inquiry into or trial for, any other offence which such answers may tend to show he has committed.

(5) If the accused intends to call a witness to the facts of the case other than himself, he may make an opening address outlining the case for the defence before the evidence for the defence is given.

90 Witnesses for defence -

(1) After rule 89 has been complied with, the witnesses for the defence (if any) shall be called to give their evidence.

(2) The provisions of rules 84,85 and 86 shall apply to the witnesses for the defence as they apply to the evidence of witnesses for the prosecution.

91 Witnesses in reply: - After the witnesses for the defence have given their evidence, the prosecutor may by leave of the Court, call a witness or recall a witness to give evidence on any matter raised by the accused in his defence which the prosecution could not properly have mentioned to the court before the accused disclosed his defence or which the prosecution could not reasonably have foreseen.

92 Closing address -

(1) After all the evidence has been given the prosecutor and the accused may each make a closing address to the court

(2) The accused shall be entitled to make his closing address after the closing address by the prosecutor unless the accused has called a witness to facts other than himself, in which case the prosecutor shall be entitled, subject to sub rules (3) and (4) to make his closing address after the accused has made the closing address.

(3) Where two or more accused are tried jointly, any one of them who has called no such witness shall be entitled to make his closing address after the prosecutor has made the closing address.

(4) (a) Where two or more accused are represented by the same defending officer or counsel he may make one closing address only.

(b) Where any one of the accused for whom he appears has called no witness to facts other than himself such defending officer or counsel shall be entitled to make his closing address after the prosecutor has made the closing address.

93 Summing up by Judge Attorney - after the closing addresses, if there is a Judge Attorney, he shall sum up the evidence and advise the court on the law relating to the case in open court.

94 Deliberation on finding -

(1) The court shall deliberate on its finding in closed court in the presence of the Judge Attorney.

(2) The opinion of each member of the court as to the finding shall be given by word of mouth on each charge separately starting with the junior most in rank 95 Record and announcement of finding -

(1) The finding on every charge upon which the accused is arraigned shall be recorded and except as provided in these rules, shall be recorded simply as a finding of “Guilty” or of “not guilty”.

(2) Where the Court is of opinion as regards any charge that the facts proved do not disclose the offence charged or any offence of which he might under the Act legally be found guilty on the charge as laid, the court shall acquit the accused of that charge.

(3) If the court has doubts as regards any charge whether the facts proved, show the accused to be guilty on the charge as laid, it may before recording a finding on that charge, refer to the confirming authority for an opinion setting out the facts which it finds to be proved and may if necessary adjourn for that purpose

(4) Where the court is of opinion as regards any charge that the facts which it finds to be proved in evidence differ materially from the facts alleged in the statement of particulars in the charge but are nevertheless sufficient to prove the offence stated in the charge, and that the difference is not so material as to have prejudiced the accused in his defence, it may instead of a finding of “not guilty” record a special finding.

(5) The special finding may find the accused guilty on a charge subject to the statement of exceptions or variations specified therein.

(6) Where there are alternative charges, and the facts proved appear to the Court not to constitute the offence mentioned in any of those alternative charges, the Court shall record a finding of “Not Guilty” on that charge.

(7) The court shall not find the accused guilty on more than one of two or more charges laid in the alternative, even if conviction upon one charge necessarily connotes guilty upon the alternative charge or charges.

(8) If the Court thinks that the facts proved constitute one of the offences stated in two or more of the alternative charges, but doubts which of those offences the facts do at law constitute, it may, before recording a finding on those charges, refer to the confirming authority for an opinion, setting out the facts which it finds to be proved and stating that it doubts whether those facts constitute in law the offence stated in such one or other of the charges and may, if necessary, adjourn for that purpose.

(9) The finding on each charge shall be announced forthwith in open Court as subject to confirmation.

96 Procedure on acquittal - If the finding on all the charges is “Not Guilty” the presiding officer shall affix his signature and date on the finding and such signature shall authenticate the whole of the proceedings, and the proceedings upon being signed by the Judge Attorney (if any) shall be at once transmitted for confirmation.

97 Procedure on conviction -

(1) If the finding on any charge is “Guilty” then for the guidance of the court in determining its sentence, and of the confirming authority in considering the sentence, the court, before deliberating on the sentence, shall, whenever possible, take evidence of and record the general character, age, service, rank, any recognised acts of gallantry or distinguished conduct of the a accused, any previous convictions of the accused either by Security Guard Court or a Criminal Court, any previous p

National Security Guard Rules 1987

The enactment

Full text

Find the provision, not just read it