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[Cites 0, Cited by 0] [Section 39] [Entire Act]

Union of India - Subsection

Section 39(2) in The Army Rules, 1954

(2)An officer is disqualified for serving on a general or district Court-Martial if he-
(a)is an officer who convened the Court; or
(b)is the prosecutor or a witness for the prosecution; or
(c)investigated the charges before trial, or took down the summary of evidence, or was a member of a Court of inquiry respecting the matters on which the charges against the accused are founded, or was the squadron, battery, company, or other commander, who made preliminary inquiry into the case, or was a member of a previous Court-Martial which tried the accused in respect of the same offence; or
(d)is the commanding officer of the accused, or of the corps to which the accused belongs; or
(e)has a personal interest in the case.