Rule 5
Procedures Of A Court Of Enquiry
(1) Upon establishment of a Court of Enquiry, information available for an offence pursuant to sub rule (4) of Rule 3 to the Prad Viwak , or the report of an investigation and enquiry conducted pursuant to the sub rule (6) of the same rule by the head of an unit shall be produced before a Court of Enquiry.
(2) Upon receipt of an information for an offence under sub rule
(1), the Court of Enquiry shall manage that an offence has to be prevented from taking place, or the relevant evidence has to be protected from being lost, and that no accused person has to be abscond or escaped.
(3) After receiving information of an offence that has taken place or has been taking place and the Court of Enquiry which has been undergoing the process of an investigation and enquiry, if witnessed that an offence has just been committed in its very presence then the accused person must be arrested immediately. An arrest letter in the format of schedule-1 shall be given to the accused person arrested as such.
(4) The Court of Enquiry shall record a statement of the arrested accused person pursuant to sub rule (3). While recording/taking a statement the statement shall be taken by taking an oath stating that the statement made by the accused shall be made by remembering the faith, religion and truth.
(5) If any person to whom the Court of Enquiry suspects or has reasonable ground to believe that this person might have crucial information in relation to the offence based upon inferences drawn, it may make an enquiry or if necessary take written statements.
(6) If an information has been received about an offence that has taken place or has been taking place or has been going to take place, the Court of Enquiry shall as a matter of urgency conduct an investigation and enquiry, so to obtain evidence. In the course of an investigation and enquiry, the Court of Enquiry shall seize documents as well as other vidence relevant to the offence.
(7) While undergoing an investigation and enquiry relating to an offence, the Court of Enquiry shall exercise the same power as equivalent to the power that has been exercised by a police officer who has to conduct an investigation and enquiry in relation to the cases annexed in schedule-1 of the State Case Act, 2049 (1992).
(8) The Court of Enquiry shall keep the upto date record of a witness statement, collected evidence, material evidence and file received during an investigation and enquiry process in accordance with this rule.
(2) Upon receipt of an information for an offence under sub rule
(1), the Court of Enquiry shall manage that an offence has to be prevented from taking place, or the relevant evidence has to be protected from being lost, and that no accused person has to be abscond or escaped.
(3) After receiving information of an offence that has taken place or has been taking place and the Court of Enquiry which has been undergoing the process of an investigation and enquiry, if witnessed that an offence has just been committed in its very presence then the accused person must be arrested immediately. An arrest letter in the format of schedule-1 shall be given to the accused person arrested as such.
(4) The Court of Enquiry shall record a statement of the arrested accused person pursuant to sub rule (3). While recording/taking a statement the statement shall be taken by taking an oath stating that the statement made by the accused shall be made by remembering the faith, religion and truth.
(5) If any person to whom the Court of Enquiry suspects or has reasonable ground to believe that this person might have crucial information in relation to the offence based upon inferences drawn, it may make an enquiry or if necessary take written statements.
(6) If an information has been received about an offence that has taken place or has been taking place or has been going to take place, the Court of Enquiry shall as a matter of urgency conduct an investigation and enquiry, so to obtain evidence. In the course of an investigation and enquiry, the Court of Enquiry shall seize documents as well as other vidence relevant to the offence.
(7) While undergoing an investigation and enquiry relating to an offence, the Court of Enquiry shall exercise the same power as equivalent to the power that has been exercised by a police officer who has to conduct an investigation and enquiry in relation to the cases annexed in schedule-1 of the State Case Act, 2049 (1992).
(8) The Court of Enquiry shall keep the upto date record of a witness statement, collected evidence, material evidence and file received during an investigation and enquiry process in accordance with this rule.