Section 3. Subject to the provisions of section 52, a Squadron Commander or a Team Commander commanding a squad

(4) The authority to whom the finding of a Summary Security Guard Courts is reported under sub-section (2), and a confirming officer confirming the finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government. (2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a Magistrate within whose jurisdiction such property for the time being is situated, and such Magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the Code of Criminal Procedure, 1973. - (d) This sub-section applies to the Government scientific experts, for the time being specified in sub-section (4) of section 293 of the Code of Criminal Procedure, 1973. 94. Reference by accused to Government officer. (1) Whenever, in the course of a trial by a Security Guard Court, it appears to the Court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the Court shall record a finding accordingly. (3) In this section, the term "property" includes in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. 103. Powers of Security Guard Court in relation to proceedings under the Act. Any trial by a Security Guard Court under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Security Guard Court shall be deemed to be a Court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973. When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a Security Guard Court during a trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. 102. Order for disposal of property regarding which offence is committed. After the conclusion of a trial before any Security Guard Court, the Court or the officer confirming the finding or sentence of such Security Guard Court, or any authority superior to such officer, or, in the case of a Summary Security Guard Court whose finding or sentence does not require confirmation, an officer not below the rank of a Deputy Inspector General within whose command the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the Court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence. 3. Subject to the provisions of section 52, a Squadron Commander or a Team Commander commanding a squadron or a team or any detachment shall have the power to proceed against a person subject to this Act, other than an officer or an Assistant Commander, who is charged with an offence under this Act and award such person to the extent prescribed one or more of the punishments specified in clauses (a) to (d) and (g) or sub-section (1) provided that the maximum limit of punishment awarded under each of the clauses (a), (b) and (c) shall not exceed fourteen days. 52. Limit of punishments under section 51. (5) In every case in which a commission is issued under section 88, the trial may be adjourned for specified time reasonably sufficient for the execution and return of the commission. 90. Conviction of offence not charged. A person charged before a Security Guard Court,- - (a) With desertion may be found guilty of attempting to desert or of being absent without leave. - (b) With attempting to desert may be found guilty of being absent without leave; - (c) with using criminal force may be found guilty of assault; - (d) with using threatening language may be found guilty of using insubordinate language; - (e) with any one of the offences specified in clauses (a), (b), (c) and (d) of section 29 may be found guilty or any other of these offences with which he might have been charged; - (f) with an offence punishable under section 45 may be found guilty ,of any other offence of which he might have been found guilty, if the provisions of the code of Criminal Procedue,1973 (2 of 1974), were applicable; - (g) with any offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment; - (h) with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged. (3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public holidays shall be excluded. (1) An officer not below the rank of a Deputy Inspector-General may, in the prescribed manner, proceed against a person of the rank of an Assistant Commander who is charged with an offence under this Act and award one or more of the following punishment, that is to say,- - (a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a General Security Guard Court; - (b) severe reprimand or reprimand; - (c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. (2) An officer of the rank of a Group Commander may, in the prescribed manner, proceed against a person of the rank of an Assistant Commander who is charged with an offence under this Act and award any one or both of the following punishments, that is to say,- - (a) severe reprimand or reprimand; - (b) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. CHAPTER - V ARREST AND PROCEEDINGS BEFORE TRIAL 55. Custody of offenders. (4) Subject to the provisions of this Act, the Central Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in Security Guard custody, pending the trial by any competent authority for any offence committed by him. 57. Interval between committal and trial. In every case where any such person as is mentioned in section 55 and as is not on active duty, remains in such custody for a longer period than eight days without a Security Guard Court for his trial being convened, a special report giving reasons for the delay shall be made by his Commander and a similar report shall be forwarded at intervals of every eight days until a Security Guard Court is convened or such person is released from custody. 58. Arrest by civil authorities. Whenever any person subject to this Act, who is accused of an offence under this Act, is within the jurisdiction of any Magistrate or police officer, such Magistrate or police officer shall aid in the apprehension and delivery to Security Guard custody of such person upon receipt of a written application to that effect signed by his Commander or an officer authorized by the Commander in that behalf. 59. Capture of deserters. (1) Any person subject to this Act who is charged with an offence may be taken into Security Guard custody, under the order of any superior officer. (2) Notwithstanding anything contained in sub-section (1), an officer may order into Security Guard custody any other officer, though such other officer may be of a higher rank, engaged in a quarrel, affray or disorder. 56. Duty of Commander in regard to detention. (4) Where a Security Guard Court is dissolved under this section the accused may be tried again. 69. Powers of a General Security Guard Court. A General Security Guard Court shall have the power to try any person subject to this Act for any offence punishable there under and to pass any sentence authorised thereby. 70. Powers of a Petty Security Guard Court. A Petty Security Guard Court shall have the power to try any person subject to this Act other than an officer or an Assistant Commander for any offence made punishable thereunder and to pass any sentence authorized by this Act other than a sentence of death, or imprisonment for a term exceeding two years. 71. Powers of a summary Security Guard Court. (3) The authority or officer who convened a Security Guard Court may dissolve the same if it appears to it or him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said Security Guard Court. 91. Presumption as to signatures- In any proceeding under that Act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the Government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown. 92. Appointment paper.- (1) It shall be the duty of every Commander to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service. (4) A Summary Security Guard Court may pass any sentence which may be passed under this Act, except the sentence of death or of imprisonment for a term exceeding the limit specified in sub-section (5). (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act, or any unit of the Security Guard or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the Commander of the unit to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed, shall be evidence of the matters so stated. (2) The case of every person being detained in custody beyond a period of forty-eight hours, and the reasons therefore, shall be reported by the Commander to the next higher authority. (3) A Summary Security Guard Court may try any person subject to this Act and under the command of the officer holding the Court, except an officer, or an Assistant Commander. (4) When no challenge is made, or when a challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the Court shall proceed with the trial. 82. Oaths of members, Judge Attorney and witness. (5) On receipt of a report under sub-section (4), the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody. 97. Subsequent fitness of lunatic accused for trial. Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 96, any officer prescribed in this behalf, may- - (a) if such person is in custody under sub-section (4) of section 96, on the report of a medical officer that he is capable of making his defence, or - (b) if such person is detained in a jail under sub-section (5) of section 96, on a certificate of the Inspector-General of Prisons, and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that sub-section, on a certificate of the prescribed authority, that he is capable of making his defence. Take steps to have such person tried by the same or another Security Guard Court for the offence with which he was originally charged or, if the offence is a civil offence, by a Criminal Court. 98. Transmission to Central Government of orders under Section 97. A copy of every order made by an officer under section 97 for the trial of the accused shall forthwith be sent to the Central Government. 99. Release of lunatic accused. (3) In the computation of the period of time mentioned in sub-section (1), any time spent by such person in evading arrest after the commission of the offence, shall be excluded. 74. Trial etc., of offender who ceases to be subject to this Act. (1) Whenever any person subject to this Act deserts, the Commander of the unit to which he belongs, shall give information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a Magistrate, and shall deliver the deserter, when apprehended, into Security Guard custody. (2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter and shall bring him without delay before the nearest Magistrate, to be dealt with according to law. 60. Inquiry into absence without leave. Where any person is in custody under sub-section (4) of section 96 or under detention under sub-section (5) of that section,- - (a) if such person is in custody under the said sub-section (4), on the report of a medical officer, or - (b) if such person is detained under the said sub-section (5), on a certificate from any of the authorities mentioned in clause (b) of section 97 that in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the Central Government may order that such person be released or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum. 100. Delivery of lunatic accused to relatives. Where any relative or friend of any person who is in custody under subsection (4) of section 96 or under detention under sub-section (5) of that section desires that he should be delivered to his care and custody, the Central Government may, upon application by such relative or friend and, on his giving security to the satisfaction of that Government that the person delivered shall be properly taken care of, and, prevented from doing injury to himself or to any other officer, and be produced for the inspection of such officer, and at such times and places, as the Central Government may direct, order such person to be delivered to such relative or friend. 101. Order for custody and disposal of property pending trial. (2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter. CHAPTER - VI SECURITY GUARD COURTS 61. Kinds of Security Guard Courts. For the purposes of this Act there shall be three kinds of Security Guard Courts, that is to say,- - (a) General Security Guard Courts; - (b) Petty Security Guard Courts; and - (c) Summary Security Guard Courts. 62. Power to convene a General Security Guard Court. A General Security Guard Court may be convened by the Central Government or the Director-General or by any officer empowered in this behalf by warrant of the Director-General. 63. Power to convene a Petty Security Guard Court. A Petty Security Guard Court may be convened by an officer having power to convene a General Security Guard Court or by an officer empowered in this behalf by warrant of any such officer. 64. Contents of warrants issued under sections 62 and 63. A warrant, issued under section 62 or section 63 may contain such restrictions, reservations or conditions as the officer issued it may think fit. 65. Composition of General Security Guard Court. A General Security Guard Court shall consist of not less than five officers. 66. Composition of a Petty Security Guard Court. A Petty Security Guard Court shall consist of not less than three officers. 67. Summary Security Guard Court. (3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner, by another officer subject to the same right of the accused to object. (1) When any person subject to this Act has been absent from duty without due authority for a period of thirty days, a Court of inquiry shall, as soon as practicable, be appointed by an officer not below the rank of a Group Commander under whose command he is for the time being serving and such Court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries; and if satisfied of the fact of such absence without due authority or other sufficient cause, the Court shall declare such absence and the period thereof and the said deficiency, if any, and transmit the proceedings of the Court of inquiry to the officer who appointed the Court of inquiry, for further action. (4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision. 87. Documents exempted from production. (4) When the witness resides in a tribal area or in any place outside India, the commission may be issued in the manner specified in Chapter XXIII-B of the Code of Criminal Procedure, 1973. 89. Examination of witness on commission. (2) The proceedings shall be attended throughout by two other persons who shall be officers or Assistant Commanders or one of either, and who shall not as such, be sworn or affirmed: Provided that the persons attending the Court for the trial of an officer shall not be of a rank lower than the rank of that officer unless in the opinion of the convening officer recorded in the convening order, officers of such rank are not, having due regard to the exigencies of public service, available. 68. Dissolution of a Security Guard Court. (3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the Security Guard Court is of the opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation. 83. Voting by members. (1) A Summary Security Guard Court may be held by the Commander of any unit of the Security Guard and he alone shall constitute the Court. (4) On receipt of a commission, and deposition returned under sub-section (3), the Judge Attorney-General shall forward the same to the Court at whose instance the commission was issued or, if such Court has been dissolved, to any other Court convened for the trial of the accused person; and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused and shall form part of the proceedings of the Court. (2) If, on account of the illness of the concerned Judge Attorney or, as the case may be, Deputy Judge Attorney-General or Additional Judge Attorney-General or of the accused before the finding, it is impossible to continue the trial, a Security Guard Court shall be dissolved. (3) In matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote. 84. General rule as to evidence. The Indian Evidence Act, 1872, shall subject to the provisions of this Act, apply to all proceedings before a Security Guard Court. 85. Judicial notice. A Security Guard Court may take judicial notice of any matter within the general knowledge of the members as officers of the Security Guard. 86. Summoning witnesses. (1) If a Security Guard Court after the commencement of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved. (2) When there is no grave reason for immediate action and reference can, without detriment to discipline, be made to the officer empowered to convene a Petty Security Force Court for the trial of the alleged offender, an officer holding a Summary Security Guard Court shall not try without such reference any offence punishable under any of the sections 15, 17 and 45, or any offence against the officer holding the court. (1) Subject to the provisions of sub-section (2), a Summary Security Guard Court may try any offence punishable under this Act. (3) In the case of any other witness, the summons shall be sent to the Magistrate within whose jurisdiction he may be, or resides, and such Magistrate shall give effect to the summons as if the witness was required in the Court of such a Magistrate. (4) A copy of any record in any unit book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. (3) If any such document is, in the opinion of any other Magistrate or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require to postal or telegraph authorities, as the case may be, to cause such search to be made for and to detain such document pending the order of any such District Magistrate, Chief Judicial Magistrate, Court of Session or High Court. 88. Commissions for examination of witnesses. (1) When any person subject to this Act has been acquitted or convicted of an offence by a Security Guard Court or by a Criminal Court or has been dealt with under section 51 or section 53 or section 54, he shall not be liable to be tried again for the same offence by a Security Guard Court or dealt with under the said sections. (2) When any person subject to this Act, has been acquitted or convicted of an offence by a Security Guard Court or has been dealt with under section 51 or section 53 or section 54, he shall not be liable to be tried again by a Criminal Court for the same offence or on the same facts. 73. Period of limitation for trial. (3) The Magistrate or officer to whom the commission is issued, or if he is the Chief Judicial Magistrate, he or such Magistrate of the first class as he appoints in this behalf, shall proceed to the place where the witness is, or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in the trials of warrant -cause under the Code of Criminal Procedure, 1973, (2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or for any of the offences mentioned in section17. (1) Except as provided by sub-section (2), no trial by a Security Guard Court of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years from the date of such offence. (1) Where an offence under this Act had been committed by any person while subject to this Act, and he has ceased to be so subject, he may be taken into and kept in Security Guard custody and tried and punished for such offence as if he continued to be so subject. (3) After a commission issued under section 88 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Judge Attorney -General. (2) No such person shall be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this Act: Provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of desertion or for any of the offences mentioned in section 17 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a Security Guard Court. 75. Application of Act during term of sentence. (2) When a person subject to this Act is sentenced by a Security Guard Court to death, this Act shall apply to him till the sentence is carried out. 76. Place of trial. Any person subject to this Act who commits any offence against it may be tried and punished for such offence in any place whenever. 77. Choice between Criminal Court and Security Guard Court. When a Criminal Court and a Security Guard Court have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General, or the Inspector-General or the Deputy Inspector-General, within whose command the accused person is serving or such other officer as may be prescribed, to decide before which Court the proceedings shall be instituted, and, if that officer decides that they shall be instituted before a Security Guard Court, to direct that the accused person shall be detained in Security Guard custody. 78. Power of Criminal Court to require delivery of offender. (3) Where a record is made in any unit book in pursuance of this Act or of any rules or otherwise in the discharge of official duties, and purports to be signed by the Commander or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. (1) When a person subject to this Act is sentenced by a Security Guard Court to imprisonment, this Act shall apply to him during the term of his sentence, though he is dismissed from the Security Guard, or has otherwise ceased to be subject to this Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act. (1) When a Criminal Court having jurisdiction is of the opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 77 at his option, either to deliver over the offender to the nearest Magistrate to be proceeded against according to law, or to postpone proceedings, pending a reference to the Central Government. (2) In every such case, the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the Court before which the proceedings are to be instituted, for the determination of the Central Government whose order upon such reference shall be final. CHAPTER - VII PROCEDURE OF SECURITY GUARD COURTS 79. Presiding Officer. At every General Security Guard Court or Petty Security Guard Court, the senior member shall be the presiding officer. 80. Judge Attorneys, etc. Every General Security Guard Court shall, and every Petty Security Guard Court may, be attended by a Judge Attorney or a Deputy Judge Attorney-General or an Additional Judge Attorney-General, or, if no such officer is available, an officer approved by the Judge Attorney-General or by any officer authorized in this behalf by the Judge Attorney General. 81. Challenges. (3) If the Court is dissolved before the receipt of such reply or if the Court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial. 95. Evidence of previous convictions and general character. (2) If the accused objects to such officer, his objection and also the reply thereto of the officer objected to shall be heard and recorded, and the remaining officers of the Court shall, in the absence of the challenged officer, decide on the objection. (1) At all trials by a General Security Guard Court or by a Petty Security Guard Court, as soon as the Court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer, sitting on the Court. (3) At a Summary Security Guard Court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of his section. 96. Lunacy of accused. (3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another Security Guard Court for the offence with which he was charged. (2) Every person giving evidence before a Security Guard Court shall be examined after being duly sworn or affirmed in the prescribed form. (1) An oath or affirmation in the prescribed manner shall be administered to every member of every Security Guard Court and to the Judge Attorney, or, as the case may be, the Deputy Judge Attorney-General or the Additional Judge AttorneyGeneral or the officer approved under section 80, before the commencement of the trial. (1) Subject to the provisions of sub-sections (2) and (3), every decision of a Security Guard Court shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. (2) No sentence of death shall be passed by a General Security Guard Court without the concurrence of at least two-thirds of the members of the Court. (1) The convening officer, the presiding officer of a Security Guard Court, the Judge Attorney or, as the case may be, the Deputy Judge Attorney-General or the Additional Judge Attorney-General or the officer approved under section 80 or the Commander of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing. (2) In the case of a witness who is subject to this Act, the summons shall be sent to his Commander and such officer shall serve it upon him accordingly. (2) If any document in such custody is, in the opinion of any District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any Security Guard Court, such Magistrate or Court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such Magistrate or Court may direct. (1) Nothing in section 86 shall be deemed to effect the operation of section 123 and 124 of the Indian Evidence Act, 1872 or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. (2) The Judge Attorney -General may then, if he thinks necessary, issue a commission to any Chief Judicial Magistrate or Magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness. (1) Whenever, in the course of a trial by a Security Guard Court, it appears to the Court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such Court may address the Judge Attorney-General in order that a commission to take the evidence of such witness may be issued. (2) The prosecutor and the accused person may appear before such Magistrate of officer by counsel, or expect in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine as the case may be, the said witness. (1) The prosecutor and accused person in any case in which a commission is issued under section 88 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the Magistrate or officer executing the commission shall examine the witness upon such interrogatories. (2) The appointment of such person may be proved by the production of the original or a copy of his appointment paper purporting to be certified to be a true copy by the officer having the custody of the appointment paper. 93. Presumption as to certain documents. - (1) Any appointment paper purporting to be signed by an appointing authority shall, in proceedings under this Act, be evidence of the person appointed having given the answers to questions which he is therein represented as having given. (1) A letter, return or other document respecting the service of any person in, or the dismissal or discharge of any person from, any unit of the Security Guard, or respecting the circumstances of any person not having served in, or belonged to any unit of the Security Guard, if purporting to be signed by or on behalf of the Central Government or the Director-General, or by any other competent authority, shall be evidence of the facts stated in such letter, return or other document. (2) A National Security Guard List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers and Assistant Commanders therein mentioned, and of any appointment held by them and of the group, unit or branch of the Security Guard to which they belong. (2) The Written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the Court. (1) If at ant trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the accused person states in his defence any sufficient or reasonable excuse for his unauthorized absence, and refers in support thereof to any officer in the service of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the Court shall address such officer and adjourn the proceedings until his reply is received. (2) The evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of Security Guard Courts or other official records; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (1) When any person subject to this Act has been convicted by a Security Guard Court of any offence, such Security Guard Court may inquire into, and receive and record evidence of any previous convictions of such person, either by a Security Guard Court or by A Criminal Court, or any previous award of punishment under section 51 or section 53 or section 54 and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) The presiding officer of the Court, or, in the case of a Summary Security Guard Court, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding under section 111, as the case may be.