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Union of India - Section

Section 78 in The Border Security Force Rules, 1969

78. Acceptance of plea of guilty .-(1) Where an accused pleads guilty to a charge under either sub-rule (1) or sub-rule (2) of rule 77, the presiding officer or Law Officer shall, before the Court decides to accept the plea, explain to the accused the nature of the charge and the general effect of his plea and in particular the difference in procedure when an accused pleads guilty and when an accused pleads not guilty.

(2)A Court shall not accept a plea of guilty under either sub-rule (1) or sub-rule (2) of rule 77, if-
(a)the Court is not satisfied that the accused understands the nature of the charge or the effect of his plea; or
(b)the presiding officer having regard to all the circumstances, considers that the accused should plead not guilty; or
(c)the accused is liable, if convicted, to be sentenced to death.
(3)
(a)In the case of a plea of guilty under rule 79, a Court shall not accept the plea unless the convening officer concurs and it is satisfied of the justice of such course.
(b)The concurrence of the convening officer may be signified by the prosecutor.
(4)When a plea of guilty under either sub-rule (1) or sub-rule (2) of rule 77 is not accepted by the Court or the accused either refuses to plead to the charge or does not plead to it intelligibly, the Court shall record a plea of not guilty.
(5)When a Court is satisfied that it can properly accept a plea of guilty under either sub-rule (1) or sub-rule (2) of rule 77, it shall record a finding of guilty in respect thereof.