Section 475 CrPC - Delivery to Commanding Officers for Court-Martial
Section 475 of the Code of Criminal Procedure, 1973 governed the coordination between criminal courts and courts-martial where a member of the armed forces could be tried by either forum. The corresponding current provision is Section 521 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Section 475 CrPC - Statutory Provision
(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 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.
Section 521 BNSS - Present Law
Section 521 BNSS, titled Delivery to commanding officers of persons liable to be tried by Court-martial, substantially continues the mechanism under Section 475 CrPC. It provides for Central Government rules governing whether eligible offences involving persons subject to armed-forces law are tried before an ordinary criminal court or a court-martial.
The provision refers to the Air Force Act, 1950, Army Act, 1950, Navy Act, 1957 and other applicable laws governing the Armed Forces of the Union. A Magistrate must follow the applicable rules when an accused is liable to be tried in either forum. Section 521(2) deals with a commanding officer's written request for securing an accused; Section 521(3) deals with High Court directions for producing a prisoner before a court-martial.
Meaning of Important Legal Terms
Unit
Under the statutory explanation, a unit includes a regiment, corps, ship, detachment, group, battalion or company.
Court-martial
A court-martial is a tribunal exercising military or other armed-forces disciplinary trial jurisdiction under the relevant service law. The statutory definition also includes a tribunal with similar powers constituted under the applicable armed-forces law.
Concurrent jurisdiction
This describes a situation in which both an ordinary criminal court and a court-martial may have jurisdiction over an offence. It does not mean that the accused can automatically choose the forum; the relevant service legislation and jurisdiction-adjustment rules govern the process.
How the Procedure Operates
- Identify the applicable service law: Determine whether the accused is subject to army, naval, air-force or another relevant armed-forces law.
- Examine jurisdiction: Determine whether the alleged offence may be tried by a criminal court, a court-martial or both.
- Apply the prescribed rules: The Magistrate must take account of Central Government rules governing adjustment of jurisdiction.
- Delivery to the commanding officer: In a proper case, the accused is delivered with a statement of the alleged offence to the appropriate commanding officer.
- Other judicial powers: Written requests by commanding officers and directions by High Courts are governed by subsections (2) and (3), respectively.
Delivery is not automatic merely because an accused is a service member. The facts, jurisdiction, applicable rules and procedural safeguards must be considered.
Related Legislation and Transitional Provisions
The principal service enactments are the Army Act, 1950, Air Force Act, 1950 and Navy Act, 1957. The rules governing adjustment of jurisdiction between criminal courts and courts-martial should also be consulted for the particular service and proceeding.
Section 531 BNSS contains repeal and savings provisions, including rules for specified proceedings pending immediately before commencement. The commencement date alone does not resolve every transitional issue.
Frequently Asked Questions
What replaced Section 475 CrPC?
Section 521 BNSS is the corresponding provision under the criminal procedure law in force from 1 July 2024.
Can a Magistrate send an accused service member to a commanding officer?
Yes, in a proper case where the accused is liable to trial before a criminal court or court-martial, subject to the applicable jurisdiction-adjustment rules.
Can a High Court order production of a prisoner before a court-martial?
Yes. Section 521(3) BNSS provides a discretionary power concerning a prisoner detained in a jail within the State.
Official Legal Sources
Ministry of Home Affairs - New Criminal Laws (BNSS official text)
Bureau of Police Research and Development - BNSS reference PDF
This article provides general legal information. Consult the latest official enactments, applicable rules and case-specific legal advice before relying on a particular procedural step.