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Bare acts > Army Rules, 1954 > Rule 115
 
  


 

115. General plea of “Guilty” or “Not Guilty”. —(1) The accused person’s plea— “Guilty” or “Not Guilty” (or if he refuses to plead, or does not plead intelligible 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 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 (if any) or otherwise that the accused ought to plead not guilty.

(2A) Where an accused pleads “Guilty”, such plea and the factum of compliance of sub-rule (2) of this rule, shall be recorded by the court in the following manner: —

“Before recording the plea of “Guilty” of the accused the court explained to the accused the meaning of the charge (s) to which he had pleaded “Guilty” and ascertained that the accused had understood the nature of the charge (s) to which he had pleaded “Guilty”. The court also informed the accused the general effect of the plea and the difference in procedure, which will be followed consequent to the said plea. Thr court having satisfied itself that the accused understands the charge (s) and the effect of his plea of “Guilty”, accepts and records the same. The provisions of rule 115(2) are thus complied with.

(3) Where an accused person pleads guilty to the first of two or more charges laid in the alternative, the court may, after sub-rule (2) of this rule has been complied with 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.

 

 

 

 

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