CrPC Section 475 — Delivery to commanding officers of persons liable to be tried by Court-martial

CHAPTER XXXVII MISCELLANEOUS

General

Summary

Sub-section (1) allows the Central Government to make rules, consistent with the Code, the listed Army, Navy and Air Force Acts, and any other law relating to the Union’s Armed Forces that is in force. The rules may set out when people subject to military, naval, air-force or other such law are to be tried by a court covered by the Code or by a Court-martial. When a person is brought before a Magistrate and charged with an offence for which either kind of court may try them, the Magistrate must consider the rules and, in proper cases, deliver the person and a statement of the alleged offence to the commanding officer of their unit or, as applicable, the commanding officer of the nearest military, naval or air-force station, for trial by Court-martial.

Under clause (a) of the Explanation, “unit” includes a regiment, corps, ship, detachment, group, battalion or company.

Under clause (b) of the Explanation, “Court-martial” includes a tribunal with powers similar to those of a Court-martial constituted under the relevant law applicable to the Union’s Armed Forces.

Sub-section (2) requires a Magistrate, on receiving a written application from the commanding officer of a unit or body of soldiers, sailors or airmen stationed or employed at that place, to use their utmost endeavours to apprehend and secure a person accused of such an offence.

Sub-section (3) allows a High Court, if it thinks fit, to direct that a prisoner detained in a jail within the State be brought before a Court-martial for trial or to be examined about a matter pending before that Court-martial.

Official Text

(1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of 1950), 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 military, naval or air-force law, or such other law, shall be tried by a Court to which this Code 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 Code 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 military, naval or air-force station, as the case may be, for the purpose of being tried by a Court-martial.

Explanation.—In this section—

(a) “Unit” includes a regiment, corps, ship, detachment, group, battalion or Company,

(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.

Referred to by

CrPC §195 — Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Related Judgments

THE STATE OF SIKKIM vs JASBIR SINGH & ANR — Supreme Court of India (2022)
CHIEF OF ARMY STAFF AND ORS. vs MAJOR S.P. CHADHA — Supreme Court of India (1990)
BALBIR SINGH AND ANR. vs STATE OF PUNJAB — Supreme Court of India (1994)
UNION OF INDIA THROUGH MAJOR GENERAL H.C. PATHAK vs MAJOR S.K. SHARMA — Supreme Court of India (1987)
AJMER SINGH ETC. ETC. vs UNION OF INDIA & ORS — Supreme Court of India (1987)

Old <-> New Code Mapping

BNSS §521 — Delivery to commanding officers of persons liable to be tried by Court-martial