COURT OF INQUIRY
By
DINESH KUMAR
DC(LAW)
Q. What is Court of Inquiry?
COI is a fact finding body
generally constituted in a
disciplinary matter for the
purpose of collecting evidence
and establishing identity of the
accused
Who can order a COI (Rule-171)
*Comdt of the Unit
* any Officer or auth superior to the Comdt i.e. DIG, IG and
DG.
* In case of POW DG BSF.
COMPOSITION OF COURT(Rule-170)
a). One or more members-(Before amendment in 1984 three
members were mandatory)
b). Persons not subject to the Act for investigating matters of
Specialized nature
c). Person having direct or indirect interest in the matter of
Inquiry should not be detailed as member of COI
d). PO should be senior to the Offr whose character or
reputation is likely to be material issue.
ISSUE OF CONVENING ORDER (RULE-172)
The order should include following :-
Date ,time and place for assembly
Matters to be investigated(TOR)
Administrative requirements of Court.
Date of submission of proceedings.
Directions for applying provisions of Rule 173(8)
(If applicable).
HOW TO CONDUCT THE PROCEEDINGS OF COI?
• TOR to be studied
• Notice of date,time and place of assembly
• List of witnesses and documents
• summoning of witnesses;
• Appointment of shorthand writer and
interpreter
• Oath/Affirmation to be administered to
both(Rule 68 © &(d)).
• Opening page of COI
• PO and Members not to be sworn/Affirmed
except POWs cases
• Examination of witnesses on Oath\Affirmation –
refusal – action U/S 178 IPC.
All members to be present throughout
Recording statement in narrative form
Asking of questions by the Court –refusal – action
U/S 179 IPC.
Reading over the statement
Signing of statements by witnesses, PO and
members
If witness refuse to sign endorsement be made
and action be taken under sec-180 IPC
Compliance of Rule 173 (8)
Findings
*Compliance of Rule –173(8)
. No.___________Rank_____Name_____________ was given an
opportunity to know all that has been stated against him and
further asked to avail the opportunity.
Opportunities given:-
· To cross examine any witness who has deposed against him
· To make a statement and produce documents in his defence
· To call witnesses in his defence.
The above individual desires to avail the opportunity as per
above or declined.
FINDINGS\OPINION OF THE COURT.
* Difference of opinion- Reasons to be given by each
member
* Findings /Opinion must be based on evidence on
record.
* OPINION TO INCLUDE:-
- Particulars of persons held blameworthy
- Particulars of person/property involved – Apprx.
value of property involved
- whether offence committed on active duty or not
- whether death/injury is attributable to service or
not
- suggestions for avoiding recurrence of such events
-Recommendations for probing some other matters
-Action proposed to be taken against the defaulters
-Give convincing reasons while
exonerating/accusing one
POINTS TO BE REMEMBERED
- Law of evidence not applicable(R-173(4))
(Any kind of documents can
be taken and any kind of questions could be
put).
- No counsel\legal practitioner is permitted
- Proceedings not open to public.
- Civilian could be associated as a member
DOCUMENTS TO FORM PART OF COI PROCEEDINGS :-
· Copy of convening order.
· List of witnesses. ( with page Nos)
· List of exhibits.( with page Nos)
· Opening page of COI.
· Statement of witnesses.
· Record of compliance of Rule-173(8).
· Findings.
· Opinion
· Exhibits
When holding of COI is mandatory(Rule-174)
· Any disc matter/any other matter of importance
· Sec-62 of BSF Act,(AWL/OSL)
A COI is mandatory in following cases:-
1. All unnatural death of person subject to Act &
civilians in Unit [Link] case of unnatural death of
any person report to be sent to the OIC Police
Station. In case such report can not be given within
reasonable time a COI shall be ordered. A report as
per Appx-XIII to be prepared in presence of two
respectable witnesses.
2. All injuries likely to cause full or partial
disability
3. All financial irregularities
4. All losses of secret documents or classified
docs.
5. All damage to private persons or property in
r/o which there is likely to be a claim against Govt
or Force.
6. When COI held in absentia of delinquent.
(Sec-62/POWs case).
Action on the proceedings of COI(R-
175)
· Convening authority to pass final
orders if empowered
· If not , forward to superior
authority
RIGHT OF COPIES OF COI PROCEEDINGS (R-176)
1. A person who is to be tried by Security Force Court;
2. Any person who has been blamed by COI;
3. DG may deny providing copy of COI proceedings in
interest of security of Nation;
4. Affected person be permitted to inspect
proceedings;
5. Undertaking to be taken not to communicate its
contents to any.
The End