Section 75 in The National Security Guard Rules, 1987
75. 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 74, the presiding officer or Judge Attorney 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 to difference in procedure when an accused pleads guilty and when an accused pleads not guilty.(2)The Court shall then cause the prosecutor to read the record or abstract of evidence to the Court or inform the Court of the facts contained therein :-Provided that if an expurgated copy of the record or abstract of evidence was sent to the presiding officer, the prosecutor shall not read to the Court those parts of the record of abstract of evidence which have been expurgated or inform the Court of the facts contained in those parts, and shall not hand over the original record or abstract of evidence to the Court until the trial is concluded. Where there is no record or abstract of evidence, the Court shall record, in accordance with these rules, sufficient evidence to enable it to determine the sentence.(3)A Court shall not accept a plea of guilty under sub-rule (1) of sub-rule (2) of rule 77, 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 the evidence contained in the record of evidence or the abstract of evidence and 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 a plea of guilty under rule 76, a Court shall not accept the plea unless the convening officer concurs and it is satisfied of the justice of such course.(b)The concurrence of the convening officer may be signified by the prosecutor.(5)When a plea of guilty under sub-rule (1) or sub-rule (2) of rule 74 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 a plea of guilty under sub-rule (1) sub-rule (2) of rule 74, it shall record a finding of guilty in respect thereof.(7)After the Court has recorded its findings, it shall give an opportunity to the accused to adduce evidence of character and to make a statement in mitigation of punishment.(8)If from the evidence adduced by the accused and his statement made under sub-rule (7) the Court is satisfied that the accused did not understand the effect of the plea of guilty, it should alter the record and enter a plea of not guilty and proceed with the trial accordingly.(9)After sub-rule (7) has been complied with and if Court has decided to accept the plea of guilty, the Court shall proceed as directed in rule 97.
