Bharatiya Nagarik Suraksha Sanhita, 2023
Section 521
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 Air Force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), 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 army, 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 army, 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.
Why this exists
Members of the armed forces are governed by their own special laws (like the Army Act) as well as ordinary criminal law, so the same act can sometimes be tried by either a civil court or a court-martial. This section prevents confusion and turf conflicts between civil Magistrates and military authorities by setting out a clear procedure for deciding who tries the case and handing the accused over when a court-martial is the right forum. It carries forward a rule that existed under the earlier Code of Criminal Procedure, 1973 (as section 475), reflecting a long-standing arrangement dating back to colonial-era criminal procedure.
Common misconceptions
- Myth: Soldiers can never be tried in an ordinary criminal court.
Fact: They can be tried in either an ordinary criminal court or a court-martial depending on government rules; this section just manages the handover when a court-martial is the chosen route.