Chapter XXXVI
Section 475 CrPC: Delivery to commanding officers of persons liable to be tried by Court-martial
New Law Update (2024)
Section 527 BNSS
TRIAL COURT
Criminal Court or Court-martial
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act 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 purpose of being tried by a Court-martial.
(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 situated within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.
Important Sub-Sections Explained
Section 475(1)
This sub-section empowers the Central Government to establish rules for determining whether a person subject to military law should be tried by an ordinary criminal court or a Court-martial. It mandates that a Magistrate, when faced with such a case, must consider these rules and, if appropriate, hand over the accused to their commanding officer for trial by a Court-martial.
Section 475(2)
This sub-section places a clear duty on every Magistrate to make diligent efforts to apprehend and secure any person accused of an offence, upon receiving a written request for such action from the commanding officer of the unit to which the person belongs.