Section 168 in The National Security Guard Rules, 1987
168. Procedure of Courts of Inquiry.
(1)The proceedings of a Court of Inquiry shall not be open to the public. Only such persons smay attend the proceedings as are permitted buy the Court to do so.(2)The evidence of all witnesses shall be taken on oath or affirmation and signed by them after the same has been read over and explained to them.(3)Evidence given by witnesses shall be recorded in narrative form unless the Court considers that any questions and answers may be recorded as such.(4)The Court may take in to consideration any documents even though they are not formally proved.(5)The court may ask witnesses any questions, in any form, that they consider necessary to elicit the truth and may take into consideration any evidence, whether the same is admissible under the Indian Evidence Act, 1872 (1 of 1872) or not.(6)No counsel, or legal practitioner shall be permitted to appear before a Court of Inquiry.(7)Provisions of section 86 shall apply for procuring the attendance or witnesses before the Court of Inquiry. Witnesses shall be summoned as per specimen goven in Appendix XV.(8)(i)Where the subject matter of Inquiry is the conduct or character of a particular person, such person may be associated throughout with the Inquiry and be given full opportunity of making any statement, or giving any evidence, he may wish to make or give, and of cross-examining any witness whose evidence, in his opinion, affects his character or reputation.(ii)In other cases, before giving opinion against any person subject to the Act, the Court shall afford that person an opportunity to know all that has been stated against him, cross-examine any witnesses who have given evidence against him, and make a statement and call witnesses in his defence.(9)The answers given by a witness to any question asked before the Court shall not be admissible against such a witness on any charge at any subsequent occasion except a charge of giving false evidence before such court.(10)Where the proceedings of an inquiry are submitted to a higher authority for orders under Rule 170 such authority before disagreeing with the opinion of the court, shall record reasons for doing so. In such a case, provisions of clause (ii) of sub-rule (8) may not be complied with.(11)The Court may be reassembled as often as the officer who assembled the court may direct, for the purpose of examining additional witnesses, or further examining any witness, or recording further information. In such a case the court may record fresh opinion if considered necessary after complying with the provisions of clause (ii) of sub-rule (8).
