Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Union of India - Section

Section 85 in The Assam Rifles Rules, 2010

85. 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 84, 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)Where an accused pleads guilty, such plea and the factum of compliance of sub-rule (1) of this rule, shall be recorded by the court in the following manner-"Before recording the plea of guilty of the accused, the court explained to the accused the meaning of the charge(s) to which he had pleaded guilty and ascertained that the accused had understood the nature of the charge (s) to which he had pleaded guilty. The court also informed the accused the general effect of the plea and the difference in procedure, which will be followed consequent to the said plea. The court having satisfied itself that the accused understands the charge (s) and the effect of his plea of guilty accepts and records the same. The provisions of rule 85 (1) are thus complied with."
(3)A court shall not accept a plea of guilty under sub-rule (1) or sub-rule (2) of rule 84, 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.
(4)
(a)In the case of plea of guilty under rule 86, the court shall not accept the plea unless the convening authority concurs and it is satisfied of the justice of such course.
(b)The concurrence of the convening authority may be signified by the prosecutor.
(5)When a plea of guilty under either sub-rule (1) or sub-rule (2) of rule 84 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.
(6)When a court is satisfied that it can properly accept the plea of guilty under either sub-rule (1) or sub-rule (2) of rule 84, it shall record a finding of guilty in respect thereof subject to compliance of provisions of rule 88.