Section 475 The Code Of Criminal Procedure, 1973

Section 475 The Code Of Criminal Procedure, 1973

Section 475 of CRPC “Delivery to commanding officers of persons liable to be tried by Court-martial”

(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.

Complete: the-code-of-criminal-procedure-1973