40. Warning of accused for trial .-(1) The accused before he is arraigned shall be informed by an officer of every charge on which he is to be tried; and also that, on his giving the names of witnesses whom he desires to call in his defence, reasonable steps will be taken for procuring their attendance, and those steps shall be taken accordingly.
The interval between his being so informed of the charges against him and his arraignment must be such as to allow him to have his witnesses present, and to consider his defence.(2)The officer at the time of so informing the accused shall give him a copy of the charge-sheet, [and if the recording of summary of evidence has not been dispensed with under rule 42, a copy of the summary of evidence,] and, if he desires it, a vernacular translation of the same, and shall, if necessary, read and explain to him the charges brought against him.(3)If he desires it, a list of the names, ranks, and units of the officers who are to form the Court, and where officers in waiting are named, also of these officers, will be given to the accused.(4)If it appears to the Court that the accused is liable to be prejudiced at his trial by any non-compliance with this rule, the Court shall take steps and, if necessary, adjourn to avoid the accused being so prejudiced.
