court of inquiry/Board of Inquiry, its Purpose, procedure & powers

COURT OF INQUIRY
Purpose of COI/BOI is to investigate a particular occurrence, It is a kind of a fact-finding body to investigate a particular accident or incident .The Court of Inquiry is ordered by the Commanding officer ,Commodore or any authority higher to them. The Court of Inquiry is assembly of officers, JCOs, NCOs ,warrant officers or civilian gazetted officers. A person who is not subject to the act can also be the member of the Court of Inquiry. The Court of Inquiry should have the convening order issued by the officer who orders the court of inquiry, COI/BOI should also have the reference or the written guidelines issued by the officer who orders the Court of Inquiry. The provisions of the Court of Inquiry are given in Rule 180 of Army Rules, rule 154 in Air Force rules, Rule 173 of BSF Rules , Para 197 of Navy Regulation and similar provisions are also given in CRPF, CISF , ITBP and Coast Guard on other organisations because these organizations follow the principle of natural justice, Principle of Natural Justice are derived from the Constitution of India. In the Navy or in the Coast Guard , the Court of Inquiry is also called the Board of Inquiry otherwise procedures are same .
Duties And Responsibilities of Court of Inquiry are :

1. The Court of Inquiry shall be confined to terms and reference or written guidelines.
2. COI can collect all related evidence.
3. Call any witness(due procedure to be followed where necessary)
4. COI can put any questions to witness as it thinks desirable to check the veracity of a witness and test the truth or accuracy of any evidence.
5. The COI can assemble & re-assemble as directed by concerned authority.
6. The complete proceedings shall be handed over by the Presiding Officer to the concerned authority.
7. The COI should maintain a record of proceedings authenticated by sign Presiding Officer and members.
8. The COI can administer the oath to witnesses

Whenever the COI affects the character or military reputation of a person subject to the act the COI has to follow certain mandatory produce. Similarly , the person whose character or military reputation is in entitled for certain mandatory rights such as
i) to be present in the proceedings except when Court /Board deliberating
ii) to read all the evidences recorded so far
iii) to cross examine any/all witnesses, to make his/her statement, produce the witness and submit documents in his/her favour

The COI is not admissible in any court of law however the statements recorded in the COI can be used for the purpose of cross-examination or for the purpose of contradictions a person who’s been blamed by the COI or whose character or military reputation is in question can obtain the copy of the COI . The COI has no authority for award of any kind of punishment however it can make its recommendation to the officer who has ordered the COI.