Delivery to commanding officers of persons liable to be tried by Court-martial
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Summary
Central Government may make rules, consistent with the Armed Forces Acts and this Sanhita, to decide when persons under military law are tried by a Court-martial or by a court under this Sanhita. A Magistrate must follow those rules and, when appropriate, hand the accused with a statement of the charge to the unit commanding officer or nearest military station for trial by Court-martial. On a commanding officer's written request the Magistrate must try to apprehend the accused, and the High Court may order a jailed prisoner to be brought before a Court-martial for trial or examination.
Example
Ravi, a soldier, is arrested by civilian police after a quarrel. The Magistrate finds the offence triable by Court-martial under the rules and, as proper, delivers Ravi with a statement of the charge to his unit commanding officer so Ravi can be tried by Court-martial.
Bare Act
Enacted text(1) The Central Government may make rules consistent with this Sanhita and the Air Force Act, 1950, the Army Act, 1950, the Navy Act, 1957, and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to army, naval or air-force law, or such other law, shall be tried by a Court to which this Sanhita applies, or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Sanhita applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest army, naval or air-force station, as the case may be, for the purpose of being tried by a Court-martial.
Explanation.-In this section-
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(a) "unit" includes a regiment, corps, ship, detachment, group, battalion or company;
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(b) "Court-martial" includes any Tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union.
(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.
(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.
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