.-(1) Any number of accused persons may be charged jointly and tried together for an offence averred to have been committed by them collectively.(2)Any number of accused persons, whether charged, jointly or not, may be tried together for an offence averred to have been committed by one or more of them and to have been abetted by the other or others.(3)Where the accused persons are so charged under sub-rule (1) or (2), any one or more of them may at the same time be charged with and tried for any other offence averred to have been committed individually or collectively:Provided that all the said offences are based on the same facts, or form, or are part of, a series of offences of the same or similar character.(4)In the case mentioned above, notice of the intention to try the accused persons together shall be given to each of the accused persons at the time of his being informed of the charge, and any accused person may claim, either by notice to the authority convening the Court or when arraigned before the Court, by notice to the Court, that he or some other accused person be tried separately on one or more of the charges included in the charge-sheet, on the ground that the evidence of one or more of the other accused persons proposed to be tried together with him will be material to his defence or that otherwise he would be prejudiced or embarrassed in his defence, the convening authority or Court, if satisfied that the evidence will be material or that the accused person may be prejudiced or embarrassed in his defence as aforesaid, and if the nature of the charge admits of this, shall allow the claim, and such accused person, or, as the case may be, the other accused person or persons whose separate trial has been claimed, shall be tried separately.(5)Where any such claim as is referred to in sub-rule (4) has been made and disallowed by the authority convening the Court, or by the Court, the disallowance of such claim shall not be a ground for refusing confirmation of the finding or sentence unless, in the opinion of the confirming authority, substantial miscarriage of justice has occurred by reason of the disallowance of such claim.(6)Where the proceedings of any Court-Martial in respect of any charge against an accused person are not confirmed on the ground stated in sub-rule (5) such accused person may be tried again on that charge.]Exception from rules
