Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 523: Delivery to commanding officers of persons liable to be tried by Court-martial.
(1) The Central Government may make rules consistent with this Sanhita and the Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 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 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 military, naval or air-force station, as the case may be, for the purpose of being tried by a Court-martial.
Explanation:
(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 situated within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.
Brefe Detail
Section 523 addresses the procedures for delivering individuals who may be tried by a Court-martial. It outlines the authority of the Central Government to create rules for determining whether a person should be tried by a civil court or a Court-martial. The section mandates that Magistrates adhere to these rules when handling cases involving military personnel and establishes the role of commanding officers in the trial process.
Question & Answers
What is the role of the Central Government in this section?
The Central Government may make rules consistent with this Sanhita and relevant military laws regarding the trial of persons subject to military, naval, or air-force law.
What must a Magistrate do when a person is charged with an offence?
The Magistrate must consider the established rules and may deliver the accused to the commanding officer of their unit for trial by a Court-martial.
What does unit refer to in this context?
Unit refers to any military formation such as a regiment, corps, ship, detachment, group, battalion, or company.
What action should a Magistrate take upon receiving an application from a commanding officer?
The Magistrate should use their utmost endeavors to apprehend and secure the accused person.
Can a High Court direct the transfer of a prisoner to a Court-martial?
Yes, a High Court may direct that a prisoner detained in a jail be brought before a Court-martial for trial or examination.
Example
A soldier accused of theft while stationed at a military base may be brought before a Magistrate. The Magistrate reviews the case and determines that the soldier should be tried by a Court-martial, subsequently delivering him to his commanding officer for further proceedings.
Summary
Section 523 outlines the procedures for handling military personnel accused of offenses, detailing the roles of the Central Government, Magistrates, commanding officers, and High Courts in the trial process. It establishes a framework for determining whether cases should proceed in civil courts or through Court-martial, ensuring that military law is upheld.
