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Bare acts > Air Force Rules, 1969 > Rule 60
 
  


 

60. General plea of “guilty” or “not guilty”. -(1) If no special plea to the general jurisdiction of the court is offered, or if such plea being offered, is overruled or is dealt with by a special decision under sub-rule (4) of rule 59, the accused person’s plea-”guilty” or “not guilty” (or if he refuses to plead, or does not plead intelligibly either one or the other, a plea of “not guilty”)----shall be recorded on each charge.

(2) If an accused person pleads “guilty”, that plea shall be recorded as the finding of the court; but, before it is recorded, the officer conducting the proceedings, on behalf of the court, shall ascertain that the accused understands the nature of the charge to which he has pleaded guilty, and shall inform him of the general effect of that plea, and in particular of the meaning of the charge to which he has pleaded guilty, and of the difference in procedure which will be made by the plea of guilty, and shall advise him to withdraw that plea if it appears from the summary of evidence that the accused ought to plead “not guilty”.

(3) When an accused person pleads “guilty” to the first of two or more charges laid in the alternative, the prosecutor may, after the provisions of sub-rule (2) have been complied with by the court and before the accused is arraigned on the alternative charge or charges, withdraw such alternative charge or charges without requiring the accused to plead thereto and a record to that effect shall be made upon the proceedings of the court.

(4) A plea of “guilty” shall not be accepted in cases where the accused is liable, if convicted, to the sentenced to death and where such plea is offered, a plea of “not guilty” shall be recorded and the trial shall proceed accordingly.

 

 

 

 

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