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Bare acts > Army Rules, 1954 > Rule 138
 
  


 

138. Procedure when essential witness is absent. —If such proper steps as mentioned in the preceding rule have not been taken as to any witness, or if any witness whose attendance could not be reasonably procured before the assembly of the court is essential to the prosecution or defence, the court shall—

(a) Take steps to procure the issue of a commission for the examination of such witness; or

(b) If it is a general or district court-martial, adjourn and report the circumstances to the convening officer; or

(c) If it is a summary court-martial, adjourn to enable the witness to attend, or adopt such other course as appears to the officer holding the trial best calculated to do justice.

 

 

 

 

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