Hearing
of Charge:
(1) Every charge against a person subject to the Act other than an officer, shall be heard in the
presence of the accused. The accused shall have full liberty to cross-examine
any witness against him, and to call any witnesses and make any statement in
his defence.
(2) The
commanding officer shall dismiss a charge brought before him if, in his opinion
the evidence does not show that some offence under the Act has been committed,
and may do so if, in his discretion, he is satisfied that the charge ought not
to be proceeded with.
(3) At
the conclusion of the hearing of a charge, if the commanding officer is of
opinion that the charge ought to be proceeded with, he shall, without
unnecessary delay:
(a)
dispose of the case summarily under section 80 in accordance with the manner
and form in Appendix III; or
(b) refer
the case to the proper superior military authority; or
(c)
adjourn the case for the purpose of having the evidence reduced to writing; or
(d) if
the accused is under the rank of warrant officer, order his trial by summary
court-martial.
Provided
that the commanding officer shall not order trial by summary court-martial
without reference to the officer empowered to convene a district court-martial or
on active service a summary general court martial for the trial of the alleged
offender unless either:
a) the
offence is one which he can try by summary court-martial without reference to
that officer; or
(b) he considers that there is grave reason for immediate action and such reference cannot be made without detriment to discipline.
1993 Amendment
In
1993, few changes were made in the Army Rules 1954. The Army Rule 22 dealing
with the hearing of charge, after amendment, reads as follows:
Hearing of Charge: (1) Every charge against a person subject to the Act shall be heard by the Commanding Officer in the presence of the accused. The accused shall have full liberty to cross-examine any witness against him, and to call such witness and make such statement as may be necessary for his defence:
Provided that where the charge against the accused arises as a result of investigation by a court of inquiry, wherein the provisions of the rule 180 have been complied with in respect of that accused, the commanding officer may dispense with the procedure in sub-rule (1).
(2) The commanding officer shall dismiss a charge brought before him, if, in his opinion, the evidence does not show that an offence under the Act has been committed, and may do so if, in his discretion, he is satisfied that the charge ought not to be proceeded with.
Provided that the commanding officer
shall not dismiss a charge which he is debarred to try under sub-section (2) of
section 120 without reference to superior authority as specified therein.
(3) After compliance of sub-rule
(1), if the commanding officer is of opinion that the charge ought to be
proceeded with, he shall within a reasonable time –
(a) dispose of the case under
section 80 in accordance with the manner and form in Appendix III; or
(b) refer the case to proper
superior military authority; or
(c) adjourn the case for the purpose
of having the evidence reduced to writing; or
(d) if the accused is below the rank of warrant officer, order his trial by summary court martial:
Provided that the commanding officer
shall not order trial by summary court martial without a reference to the
officer empowered to convene a district court-martial or on active service a
summary general court-martial for the trial of the alleged offender unless:
(a) the offence is one which he can
try by a summary court-martial without any reference to that officer.
(b) he considers that there is grave
reason for immediate action and such reference cannot be made without detriment
to discipline.
(4) Where the evidence taken in accordance with sub-rule (3) of this discloses an offender other than the offence which was the subject of the investigation, the commanding officer may frame suitable charge(s) on the basis of the evidence so taken as well as the investigation of the original charge.
