Section 45 in The National Security Guard Rules, 1987
45. Record of evidence.
(1)The Commander may either prepare the record of evidence himself or detain another officer to do so.(2)The witnesses shall give their evidence in the presence of the accused and the accused shall have right to cross-examine all witnesses who give evidence against him.(3)After all the witnesses against the accused have been examined, he shall be cautioned in the following terms; "You may make a statement if you wish to do so, you are not bound to make one and whatever you state shall be taken down in writing and may be used in evidence". After having been cautioned in the aforesaid manner whatever the accused states shall be taken down in writing.(4)The accused may call witnesses in defence and the officer recording the evidence may ask any question that may be necessary to clarify the evidence given by such witnesses.(5)All witnesses shall give evidence on oath or affirmation :Provided that, no oath or affirmation shall be given to the accused nor shall he be cross-examined.(6)(a)The statements given by witnesses shall ordinarily be recorded in narrative form and the officer recording the evidence may, at the request of the accused, permit any portion of the evidence to be recorded in the form of question and answer.(b)The witnesses shall sign their statements after the same have been read over and explained to them.(7)The provisions of section 86 shall apply for procuring the attendance of witnesses before the officer preparing the record of evidence. Witnesses shall be summoned as per specimen given in Appendix XV.(8)Where a witness cannot be compelled to attend or is not available or his attendance cannot be procured without an undue wastage of time or expenditure of money and after the officer recording the evidence has given a certificate in this behalf, a written statement signed by such witness may be read to the accused and included in the record of evidence.(9)After the recording of evidence is completed, the officer recording the evidence shall give a certificate in the following form :-"Certified that the record of evidence ordered by ....................................... Commander ................................... was made in presence and hearing of the accused and the provisions of rule 45 have been complied with."(10)No counsel or legal practitioner shall be permitted to appear before the Officer making the record of evidence.
