Section 139 in The National Security Guard Rules, 1987
139. Procedure after plea of "Guilty".
(1)Upon the record of the plea of "Guilty", if there are other charges in the same charge-sheet to which the plea is "Not Guilty", The trial shall first proceed with respect to those other charges, and after the finding on those charges, shall proceed with the charges on which a plea of "Guilty" has been entered; but if there are alternative charges, the court may either proceed with respect to all the charges as if the accused had not pleaded "Guilty" to any charge, or may, instead of trying him, record a finding of "Guilty" upon any one of the alternative charges to which he had pleaded "Guilty" and finding of "Not Guilty" upon all the other alternative charges which precede such charge(2)(a)After the record of the plea of "Guilty" on charge (if the trial does not proceed on any other charges) the Court shall read the record or abstract of evidence and annex it to the proceedings, or if there is no such record, or abstract shall take and record sufficient evidence to enable it to determine the sentence, and the reviewing officer to know all the circumstances connected with the offence.(b)The evidence shall be taken in like manner as is directed by these rules in the case of a plea of "Not Guilty".(3)The accused may, after such evidence has been taken or as, the case may be the record or abstract of evidence has been read, address the court with reference to the charge and in mitigation of punishment and may call witnesses as to his character.(4)(a)If from the statement of the accused or from the record of evidence, or otherwise it appears to the Court that the accused did not understand the effect of his plea of "guilty" the Court shall alter the record and enter a plea of "Not Guilty", and proceed with the trial accordingly.(b)Any alternative charges withdrawn under sub-rule (1) shall be reinstated in the charge sheet and the trial shall take place as if they had never been withdrawn.(5)If a plea of "Guilty" is recorded on some charges and the trial proceeds with respect to other charges in the same charge-sheet, the proceedings under sub-rules (2) and (3) shall take place after the findings on the other charges in the same charge sheet are recorded.(6)When the accused states anything in mitigation of punishment which in the opinion of the Court requires to be proved, and would, if proved, affect the amount of punishment, the court may permit the accused to call witnesses to prove the same.
