94Reference by accused to Government officer
(1) If at any trial for desertion or absence without leave, over-staying 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.
Download our fully-offline, High speed android app.- Click here
- 79 Presiding officer
- 80 Judge Attorneys, etc
- 81 Challenges
- 82 Oaths of members, Judge Attorney and witness
- 83 Voting by members
- 84 General rule as to evidence
- 85 Judicial notice
- 86 Summoning witnesses
- 87 Documents exempted from production
- 88 Commissions for examination of witnesses
- 89 Examination of witness on commission
- 90 Conviction of offence not charged
- 91 Presumption as to signatures
- 92 Appointment paper
- 93 Presumption as to certain documents
- 94 Reference by accused to Government officer
- 95 Evidence of previous convictions and general character
- 96 Lunacy of accused
- 97 Subsequent fitness of lunatic accused for trial
- 98 Transmission to Central Government of orders under section 97
- 99 Release of lunatic accused
- 100 Delivery of lunatic accused to relatives
- 101 Order for custody and disposal of property pending trial
- 102 Order for disposal of property regarding which offence is committed
- 103 Powers of Security Guard Court in relation to proceedings under the Act