Lawgist142Reference 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 person tried 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.
Download our fully-offline, High speed android app.- Click here
- 127 Presiding Officer
- 128 Judge Advocate
- 129 Challenge
- 130 Oaths of member, Judge advocate and witness
- 131 Voting by member
- 132 General rule as to evidence
- 133 Judicial notice
- 134 Summoning witnesse
- 135 Documents exempted from production
- 136 Commissions for examination of witnesses
- 137 Examination of a witness on commission
- 138 Conviction of offence not charged
- 139 Presumption as to signatures
- 140 Enrolment paper
- 141 Presumption as to certain documents
- 142 Reference by accused to Government officer
- 143 Evidence of previous convictions and general characte
- 144 Lunacy of accuse
- 145 Subsequent fitness of lunatic accused for trial
- 146 Transmission to Central Government of orders under section 145
- 147 Release of lunatic accused
- 148 Delivery of lunatic accused to relative
- 149 Order for custody and disposal of property pending tria
- 150 Order for disposal of property regarding which offence is committe
- 151 Powers of courts-martial when certain offences are committed by persons not subject to this Act
