Wed. Nov 25th, 2020

Section 475 Delivery to commanding officers of person liable to be tried by Court – Martial

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Section 475 Delivery to commanding officers of person liable to be tried by Court – Martial

(1) The Central Government may make rules consistent with this code and 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 la w,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 court to which the code applies or by court martial,and when any person is brought before a Magistrate and charged with an offence foe which the court is liable to be tried either by court to which this code applies or by a  Court martial ,such magistrate shall have regard to such rules ,and shall in proper case 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 purpose of being tried by a court matrial.

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 purposes 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 with in 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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