156. Courts of inquiry other than those held under section 107.-(1) The Court shall be guided by the written instructions of the authority which assembled the Court. The instructions shall be full and specific, and shall state the general character of the information required. They shall also state whether a report is required or not.
(2)Save in the case of a prisoner of war who is still absent, whenever any inquiry affects the character or service reputation of a person subject to the Act, full opportunity must be afforded to such person of being present throughout the inquiry and of making any statements and of giving any evidence he may wish to make or give, and of cross-examining and witness whose evidence, in his opinion, affects his character or service reputation, and producing any witnesses in defence of his character or service reputation.(3)When a Court of inquiry is held on prisoners of war, and in any other case in which the officer who assembled the Court has so directed, the evidence shall be taken on oath or affirmation, in which case the Court shall administer the same oath or affirmation to witnesses as if the Court were a Court-Martial.(4)The officer who assembled the Court shall, when the Court is held on a returned prisoner of war or on a prisoner of war who is still absent, direct the Court to record its opinion whether the person concerned was taken prisoner through his own wilful neglect of duty, or whether he served with or under, or aided the enemy; he shall also direct the Court to record its opinion in the case of a returned prisoner of war, whether he returned as soon as possible to the service, and in the case of prisoner of war still absent, whether he failed to return to the service when it was possible for him to do so. The officer who assembled the Court shall also record his own opinion on these points. In other cases, the Court shall give no opinion on the conduct of any person unless so directed by the officer who assembled the Court.(5)The members of the Court shall not themselves be sworn or affirmed, but when the Court is a Court of inquiry on recovered prisoners of war, the members shall make the following declaration:-"I.................A.................B................., do declare upon my honour that I will duly and impartially inquire into and give my opinion as to the circumstances in which.................became a prisoner of war, according to the true spirit and meaning of the rules and regulations made under the Air Force Act, 1950, and I do further declare, upon my honour, that I will not on any account or at any time, disclose or discover my own vote or opinion, or that of any particular member of the Court, unless required to do so by competent authority.(6)The proceedings of a Court of inquiry, or any confession or statement or answer to a question made or given at a Court of inquiry, shall not be admissible in evidence against a person subject to Air Force Law, nor shall any evidence respecting the proceedings of the Court be given against any such person except upon the trial of such person for wilfully giving false evidence before that Court.(7)[ Any person subject to the Act whose character or service reputation is in the opinion of the Chief of the Air Staff, affected by anything in the evidence before or in the report of a Court of inquiry shall be entitled to a copy of the proceedings of such Court unless the Chief of the Air Staff sees reason to order otherwise.(8)Any person subject to the Act who is tried by a Court-Martial in respect of any matter or thing which has been reported on by a Court of inquiry shall be entitled to a copy of the proceedings of such Court, including any report made by the Court:Provided that if the Chief of the Air Staff considers that it is against the interests or the security of the State or friendly relations with a foreign State to supply a copy of the proceedings or any part thereof, such person shall not be furnished with such copy, but in such cases he shall, subject to suitable precautions as to security, be permitted inspection of such portions of the proceedings of the Court of inquiry, on the basis of which the charges, on which he is arraigned before the Court-Martial, have been framed.(9)A copy of the proceedings of the Court of inquiry shall be furnished under sub-rules (7) and (8) on payment for the same of a sum calculated at the rate of fifty paise for every two hundred words or part thereof.(10)A person subject to the Act before he is, under sub-rule (7) or sub-rule (8), furnished with a copy of the proceedings of the Court of inquiry or is permitted to inspect any portion of the proceedings shall be required to render certificate that he is aware that he may render himself liable to prosecution under the Official Secrets Act, 1923 (19 of 1923) for any breach of the provision of the said Act, in relation to such proceedings or portion thereof. ]
