342. The following rules for the defence of British and Indian soldiers charged with criminal offences and prosecuted by Government in civil (as opposed to military) Courts are reproduced from Rule 388 of the Regulations for the Army in India, Provisional Issue, 1st July 1937:-
(i)When soldiers are to be tried by a Civil Court upon any criminal charge, the Brigade Commander should consult the District Magistrate, and arrange with him for the selection and remuneration of a pleader, advocate or barrister, as the importance and necessities of the case may require.(ii)Except in cases in which the Government of India are interested the maximum amount that may be paid to the pleader, advocate or barrister is Rs. 100 for each day that he appears in the case on behalf of one or more accused before a High, Chief or Sessions Court, or Rs. 50 for each day that he appears in the case on behalf of one or more accused before any other Court. These amounts include expenses of every description which counsel may incur. These fees are maxima, and should not be paid in every case, but terms arrived at for the whole case, omitting for instance, days on which counsel appears merely to ask for an adjournment. In a joint trial, when the local military authority is satisfied that the accused require different lines of defence, he may authorize the separate payment of fees for each accused so defended.(iii)(a)The amount to be paid to counsel will be definitely settled before-hand, subject to the maxima laid down in clause(ii). If suitable counsel cannot be obtained for the remuneration admissible under these rules, the case will be reported to superior authority and the orders of Government obtained.(b)In High Courts in which counsel may not plead unless instructed by a solicitor may be employed and his bill of costs, which should include counsel's fees [subject to the restrictions laid down in clause (ii)], and all other expenses incurred in the case, should be submitted to the Legal Remembrancer of the Local Government and his certificate obtained that the amount of the bill is reasonable before it is submitted for the orders of Government.(iv)When counsel is provided for the defence of a soldier at the first trial in a Civil Court, counsel can also be provided when considered necessary on appeal, subject to the limitations laid down in clauses (ii) and (iii).(v)For the purposes of this concession the term "soldier" used in clause (i) includes British Regimental and India Unattached List, Warrant Officers, Non-Commissioned Officers and privates, army reservists called up for training or called out for service, Warrant officers of the Indian Medical Department, all Viceroy's Commissioned Officers, Indian Regimental Warrant Officers, Non-Commissioned Officers and privates when at duty, and regimental reservists called up for training or called out for service. It does not include Viceroy's Commissioned Officers, Indian Regimental Warrant Officers, Non-Commissioned Officers and privates when on leave, enrolled non-combatants or any other classes not mentioned above.
