104. Presiding Officer.—At every General Assam Rifles Court or Petty Assam Rifles Court, the
senior member shall be the presiding officer.
105. Law Officer.—Every General Assam Rifles Court shall, and every Petty Assam Rifles Court
may, be attended by a Law Officer, or if no such officer is available, an officer approved by the Chief
Law Officer or a Law Officer.
106. Challenges.—(1) At all trials by a General Assam Rifles Court or by a Petty Assam Rifles
Court, as soon as the Court is assembled, the names of the presiding officer and members shall be read
over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting
on the court.
(2) If the accused objects to such officer, his objection and also the reply thereto of the officer
objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of
the challenged officer, decide on the objection.
(3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the
objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the
prescribed manner, by another officer subject to the same right of the accused to object.
(4) When no challenge is made, or when a challenge has been made and disallowed, or the place of
every officer successfully challenged has been filled by another officer to whom no objection is made or
allowed, the court shall proceed with the trial.
107. Oath of member, Law Officer and witness.—(1) An oath or affirmation in the prescribed
manner shall be administered to every member of an Assam Rifles Court and to the Law Officer or, as the
case may be, the officer approved under section 105 before the commencement of the trial.
(2) Every person giving evidence before an Assam Rifles Court shall be examined after being duly
sworn or affirmed in the prescribed form.
(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years
of age and the Assam Rifles Court is of opinion that though the witness understands the duty of speaking
the truth, he does not understand the nature of an oath or affirmation.
108. Voting by members.—(1) Subject to the provisions of sub-sections (2) and (3), every decision
of an Assam Rifles Court shall be passed by a majority of votes; and where there is an equality of votes
on either the finding or the sentence, the decision shall be in favour of the accused.
(2) No sentence of death shall be passed by a General Assam Rifles Court without the concurrence of
at least two-thirds of the members of the Court.
(3) In matters, other than a challenge or the finding or sentence, the presiding officer shall have a
casting vote.
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109. General rule as to evidence.—The Indian Evidence Act, 1872 (1 of 1872), shall, subject to the
provisions of this Act, apply to all proceedings before an Assam Rifles Court.
110. Judicial notice.—An Assam Rifles Court may take judicial notice of any matter within the
general knowledge of the members as officers of the Force.
111. Summoning of witness.—(1) The convening officer, the presiding officer of an Assam Rifles
Court or court of inquiry or the Law Officer or, as the case may be, the officer approved under section
105 or the Commandant of the accused person may, by summons under his hand, require the attendance,
at a time and place to be mentioned in the summons, of any person either to give evidence or to produce
any document or other thing.
(2) In the case of a witness, who is subject to this Act, the summons shall be sent to his Commandant
and such officer shall serve it upon him accordingly.
(3) In the case of any other witness, the summons shall be sent to the Magistrate within whose
jurisdiction he may be, or resides, and such Magistrate shall give effect to the summons as if the witness
were required in the court of such Magistrate.
112. Documents exempted from production.—(1) Nothing in section 111 shall be deemed to affect
the operation of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) or to apply to any
letter, postcard, telegram or other document in the custody of the postal or telegraph authorities.
(2) If any document in such custody is, in the opinion of any Chief Judicial Magistrate, Chief
Metropolitan Magistrate, Court of Session or High Court, wanted for the purpose of any Assam Rifles
Court, such Magistrate or Court may require the postal or telegraph authorities, as the case may be, to
deliver such document to such person as such Magistrate, or Court may direct.
(3) If any such documents is, in the opinion of any other Magistrate of any Commissioner of Police or
District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph
authorities, as the case may be, to cause such search to be made for, and to detain such document pending
the orders of any such Chief Judicial Magistrate, Chief Metropolitan Magistrate or Court of Session or
High Court.
113. Commission for examination of witness.—(1) Whenever, in the course of a trial by an Assam
Rifles Court, it appears to the Court that the examination of a witness is necessary for the ends of justice,
and that the attendance of such witness cannot be procured without an amount of delay, expense or
inconvenience which, in the circumstances of the case, would be unreasonable, such court may address
the Chief Law Officer in order that a commission to take the evidence of such witness may be issued.
(2) The Chief Law Officer may then, if he thinks necessary, issue a commission to any Chief Judicial
Magistrate or Judicial Magistrate of the first class, within the local limits of whose jurisdiction such
witness resides to take the evidence of such witness.
(3) The Chief Judicial Magistrate or Judicial Magistrate of the first class to whom the commission is
issued, or if he is the Chief Judicial Magistrate, he or such Judicial Magistrate of the first class as he
appoints in this behalf, shall summon the witness before him and shall take down his evidence in the same
manner, and may for this purpose exercise the same powers, as in the trials of warrant-cases under the
Code of criminal Procedure, 1973 (2 of 1974).
(4) When the witness resides in tribal area or in any place outside India, the commission may be
issued in the manner specified in sub-heading “B.—Commissions for the examination of witnesses” of
Chapter XXIII of the Code of Criminal Procedure, 1973 (2 of 1974).
114. Examination of witness on commission.—(1) The prosecutor and the accused person in any
case in which a commission is issued under section 113 may respectively forward any interrogatories in
writing which the court may think relevant to the issue, and the Chief Judicial Magistrate or the Judicial
Magistrate of the first class executing the commission shall examine the witness upon such
interrogatories.
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(2) The prosecutor and the accused person may appear before such Chief Judicial Magistrate or the
Judicial Magistrate of the first class by counsel or, except in the case of an accused person in custody, in
person, and may examine, cross-examine and re-examine, as the case may be, the said witness.
(3) After a commission issued under section 113 has been duly executed, it shall be returned, together
with the deposition of the witness examined thereunder to the Chief Law Officer.
(4) On receipt of a commission, and deposition returned under sub-section (3), the Chief Law Officer
shall forward the same to the court at whose instance the commission was issued or, if such court has
been dissolved, to any other court convened for the trial of the accused person and the commission, the
return thereto and the deposition shall be open to inspection by the prosecutor or the accused, person and
may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused,
and shall form part of the proceedings of the court.
(5) In every case in which a commission is issued under section 113, the trial may be adjourned for
specified time reasonably sufficient for the execution and return of the commission.
115. Conviction of offences not charged.—A person charged before an Assam Rifles Court—
(a) with desertion may be found guilty of attempting to desert or of being absent without leave;
(b) with attempting to desert may be found guilty of being absent without leave;
(c) with using criminal force may be found guilty of assault;
(d) with using threatening language may be found guilty of using insubordinate language;
(e) with any one of the offences specified in clauses (a), (b), (c) and (d) of section 39 may be
found guilty of any other of these offences with which he might have been charged;
(f) with an offence punishable under section 55 may be found guilty of any other offence of
which he might have been found guilty, if the provisions of the Code of Criminal Procedure, 1973
(2 of 1974), were applicable;
(g) with any offence under this Act may, on failure of proof of an offence having been committed
in circumstances involving a more severe punishment, be found guilty of the same offence as having
been committed in circumstances involving a less severe punishment;
(h) with any offence under this Act may be found guilty of having attempted or abetted the
commission of that offence, although the attempt or abetment is not separately charged.
116. Presumption as to signatures.—In any proceeding under this Act, any application, certificate,
warrant, reply or other document purporting to be signed by an officer in the service of the Government
shall, on production, be presumed to have been duly signed by the person by whom and in the character in
which it purports to have been signed, until the contrary is shown.
117. Enrolment paper.—(1) Any enrolment paper purporting to be signed by an enrolling officer
shall, in proceedings under this Act, be evidence of the person enrolled having given the answers to
questions which he is therein represented as having given.
(2) The enrolment of such person may be proved by the production of the original or a copy of this
enrolment paper purporting to be certified to be a true copy by the officer having custody of enrolment
paper.
118. Presumption as to certain documents.—(1) A letter, return or other document respecting the
service of any person in, or the dismissal, removal or discharge of any person from, any unit of the Force,
or respecting the circumstances of any person not having served in, or belonged to any unit of the Force,
if purporting to be signed by or on behalf of the Central Government or the Director-General, or by any
prescribed officer, shall be the evidence of facts stated in such letter, return or other document.
(2) An Assam Rifles list or Gazette purporting to be published by authority shall be evidence of the
status and rank of the officers, subordinate officers therein mentioned, and of any appointment held by
them and of the battalion, unit or branch of the Force to which they belong.
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(3) Where a record is made in any battalion book in pursuance of this Act or of any rules or otherwise
in the discharge of official duties, and purporting to be signed by the Commandant or by the officer
whose duty it is to make such record, such record shall be evidence of the facts therein stated.
(4) A copy of any record in any battalion book purporting to be certified to be a true copy by the
officer having custody of such book shall be evidence of such record.
(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without
leave, and such person has surrendered himself into the custody of any officer or other person subject to
this Act, or any unit of the Force, or has been apprehended by such officer or person, a certificate
purporting to be signed by such officer or by the Commandant of the unit to which such person belongs,
as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner
in which he was dressed, shall be the evidence of the matters so stated.
(6) Where any person subject to this Act is being tried on a charge of desertion or of absence without
leave and such person has surrendered himself into the custody of, or has been apprehended by, a police
officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed
by such police officer and stating facts, the date and place of such surrender or apprehension, and the
manner in which he was dressed shall be evidence of the matters so stated.
(7) Any document purporting to be the report under the hand of a Government scientific expert, upon
any matter or thing duly submitted to him for examination or analysis and report in the course of any
proceeding under this Act, may be used as evidence in any inquiry, trial or other proceeding under this
Act.
(8) The Assam Rifles Court may, if it thinks fit, summon and examine the expert referred to in subsection (7) as to the subject matter of his report.
(9) Where any such expert is summoned by an Assam Rifles Court and he is unable to attend
personally, he may, unless the Court has expressly directed him to appear personally, depute any
responsible officer working with him to attend the Court, if such deputed officer is conversant with the
facts of the case and satisfactorily depose in the Court on his behalf.
(10) The provisions of sub-sections (7), (8) and (9) shall apply to such Government scientific experts
as specified in sub-section (4) of section 293 of the Code of Criminal Procedure, 1973 (2 of 1974).
119. Reference by accused to Government officer.—(1) If at any trial for desertion or absence
without leave, overstaying leave or not rejoining when warned for service, the accused person states in his
defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to
any officer in the service of the Government, or if it appears that any such officer is likely to prove or
disprove the said statement in the defence, the Court shall address such officer and adjourn the
proceedings until his reply is received.
(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and
have the same effect as if made on oath before the Court.
(3) If the Court is dissolved before the receipt of such reply or if the Court omits to comply with the
provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a
fresh trial.
120. Evidence of previous convictions and general character.—(1) When any person subject to
this Act has been convicted by an Assam Rifles Court of any offence, such Assam Rifles Court may
inquire into, and receive, and record evidence of any previous convictions of such person, either by an
Assam Rifles Court or by a criminal court, or any previous award of punishment under section 62 or
section 64 or section 65 or section 66, and may further inquire into and record the general character of
such person and such other matters as may be prescribed.
(2) Evidence received under this section may be either oral, or in the shape of entries in, or certified
extracts from, books of an Assam Rifles Court, or other official records; and it shall not be necessary to
give notice before trial to the person tried that evidence as to his previous convictions or character will be
received.
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(3) At a Summary Assam Rifles Court, the officer holding the trial may, if he thinks fit, record any
previous convictions against the offender, his general character, and such other matters as may be
prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing
provisions of this section.
121. Lunacy of accused.—(1) Whenever, in the course of a trial by an Assam Rifles Court, it appears
to the Court that the person charged is by reason of unsoundness of mind incapable of making his
defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of
knowing the nature of the act or knowing that it was wrong or contrary to law, the Court shall record a
finding accordingly.
(2) The presiding officer of the Court, or in the case of a Summary Assam Rifles Court, the officer
holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered
to deal with its findings under section 137, as the case may be.
(3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not
confirm the finding, take steps to have the accused person tried by the same or another Assam Rifles
Court for the offence with which he was charged.
(4) The authority to whom the finding of a Summary Assam Rifles Court is reported under subsection (2), and a confirming officer confirming the finding in any case so reported to him shall order the
accused person to be kept in custody in the prescribed manner and shall report the case for the orders of
the Central Government.
(5) On receipt of a report under sub-section (4), the Central Government may order the accused
person to be detained in a lunatic asylum or other suitable place of safe custody.
122. Subsequent fitness of lunatic accused for trial.—Where any accused person, having been
found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under
detention under section 121, any officer prescribed in this behalf, may,—
(a) if such person is in custody under sub-section (4) of section 121, on the report of a medical
officer that he is capable of making his defence, or
(b) if such person is detained in a jail under sub-section (5) of section 121 on a certificate of the
Inspector-General of Prisons, and if such person is detained in a lunatic asylum under the said subsection, on a certificate of any two or more of the visitors of such asylum and if he is detained in any
other place under that sub-section, on a certificate of the prescribed authority, that he is capable of
making his defence,
take steps to have such person tried by the same or another Assam Rifles Court for the offence with which
he was originally charged or, if the offence is a civil offence, by a criminal court.
123. Transmission to Central Government of orders under section 122.—A copy of every order
made by an officer under section 122 for the trial of the accused shall forthwith be sent to the Central
Government.
124. Release of lunatic accused.—Where any person is in custody under sub-section (4) of section
121 or under detention under sub-section (5) of that section,—
(a) if such person is in custody under the said sub-section (4), on the report of a medical officer,
or
(b) if such person is detained under the said sub-section (5), on a certificate from any of the
authorities mentioned in clause (b) of section 122 that in the judgment of such officer or authority
such person may be released without danger of his doing injury to himself or to any other person,
the Central Government may order that such person be released or detained in custody, or transferred to a
public lunatic asylum if he has not already been to such an asylum.
125. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in
custody under sub-section (4) of section 121 or under detention under sub-section (5) of that section
desires that he should be delivered to his care and custody, the Central Government, may, upon
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application by such relative or friend and, on his giving security to the satisfaction of that Government
that the person delivered shall be properly taken care of and, prevented from doing injury to himself or to
any other person, and be produced for the inspection of such officer, and at such times and places, as the
Central Government may direct, order such person to be delivered to such relative or friend.
126. Order for custody and disposal of property pending trial.—When any property regarding
which any offence appears to have been committed, or which appears to have been used for the
commission any offence, is produced before an Assam Rifles Court during a trial, the Court may make
such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and
if the property is subject to speedy or natural decay may, after recording such evidence as it thinks
necessary, order it to be sold otherwise disposed of.
127. Order of disposal of property regarding which offence is committed.—(1) After the
conclusion of a trial before any Assam Rifles Court, the Court or the officer confirming the finding or
sentence of such Assam Rifles Court, or any authority superior to such officer, or, in the case of Summary
Assam Rifles Court whose finding or sentence does not require confirmation, an officer not below the
rank of Deputy Inspector-General within whose command the trial was held, may make such order as it or
he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to
possession thereof, or otherwise, of any property or document produced before the Court or in its custody,
or regarding which any offence appears to have been committed or which has been committed or which
has been used for the commission of any offence.
(2) Where any order has been made under sub-section (1) in respect of property regarding which an
offence appears to have been committed, a copy of such order signed and certified by the authority
making the same may, whether the trial was held within India or not, be sent to a Magistrate within whose
jurisdiction such property for the time being is situated, and such Magistrate shall thereupon cause the
order to be carried into effect as if it were an order passed by him under the provisions of the Code of
Criminal Procedure, 1973 (2 of 1974).
(3) In this section, the term “property” includes, in the case of property regarding which an offence
appears to have been committed, not only such property as has been originally in the possession or under
the control of any person, but also any property into or for which the same may have been converted or
exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.
128. Powers of Assam Rifles Court in relation to proceedings under this Act.—Any trial by an
Assam Rifles Court under the provisions of the Act shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Assam Rifles Court shall
be deemed to be the Court within the meaning of sections 345 and 346 of the Code of Criminal
Procedure, 1973 (2 of 1974).