Preamble - CRIMINAL COURTS AND COURT MARTIAL (ADJUSTMENT OF JURISDICTION) RULES, 1952

CRIMINAL COURTS AND COURT MARTIAL (ADJUSTMENT OF JURISDICTION) RULES, 1952

PREAMBLE

In exercise of the powers conferred by section (1) Procedure of section 549 of the Code of Criminal Procedure 1898 (V of 1898), and in supersession of all previous notifications on the subject. the Central Government hereby makes the following rules for the trial of persons subjects to Military, Naval or Air Force law, by a court to which the said Code applies or by a court-martial, namely:--

Rule 1 - RULE 1

(1) These Rules may be called the Criminal Courts and Court Martial (Adjustment of jurisdiction) Rules, 1952.

(2) They extend to the whole of India except the States of Jammu and Kashmir and Manipur.

Rule 2 - RULE 2

In These Rules unless the context otherwise requires:--

(i) "Commanding Officer":--

(a) in relation to a person subject to military law means the officer commanding the unit or detachment to which such person belongs or is attached;

(b) in relation to a person subject to naval law means the commanding officer of the ship to which such person for the time being belongs; and

(c) in relation to a person subject to Air Force law means the officer for the time being in command of the unit or detachment to which such person belongs or is attached;

(ii) "competent military authority" means the officer commanding the army corps division area, corps or independent brigade or sub-area in which the accused person is serving and [except in cases failing under section 70 of the Army Act, 1950 (XLVI of 1950)] where death has resulted the officer commanding the brigade or sub-area or station in which the accused person is serving;

(iii) "Competent naval authority" means the Chief of the Naval Staff, or Flag Officer (Flotilla) Indian Fleet or Commodore-in-charge, Bombay or Commodore-in-charge, Cochin or Naval Officers-in-charge, or senior Naval Officer present; and

(iv) "competent Air Force authority" means the officer commanding the command, wing or station in which the accused person is serving and when death has resulted [(except in cases falling under section 72 of the Air Force Act, 1950 (XLV of 1950)], the Chief of the Air Staff.

Rule 3 - RULE 3

Where a person subject to Military Naval or Air Force law is brought before a Magistrate and charged with an offence for which he is liable to be tried by a court-martial, such Magistrate shall not proceed to try such person, or to inquire with a view to his commitment for trial by the Court of Sessions or High Court for any offence triable by such court unless:-

(a) he is of opinion for reasons to be recorded, that he should so proceed without being moved thereto by competent Military, Naval or Air Force authority, or

(b) he is moved thereto by such authority.

Rule 4 - RULE 4

Before proceeding under clause (a) of rule 3, the Magistrate shall give written notice to the commanding Officer of the accused and until the expiry of a period of seven days from the date of the service of such notice, he shall not

(a) convict or acquit the accused under sections 243, 245, 247 or 248 of the Code of Criminal Procedure, 1898 (V of 1898), or hear him in his defence under section 244 of the said Code; or

(b) frame in writing a charge against the accused under section 254 of the said Code; or

(c) make an order committing the accused for trial by the High Court or the Court of Sessions under section 213 of the said Code;

(d) transfer the case for enquiry or trial under Section 192 of the said Code.

Rule 5 - RULE 5

Where within the period of seven days mentioned in rule 4, or at any time thereafter before the Magistrate has done any act or made any order referred to in that rule, the Commanding Officer of the accused or competent Military, Naval or Air Force authority, as the case may be, gives notice to the Magistrate that in the opinion of such authority, the accused should be tried by a court-martial the Magistrate shall stay proceedings and if the accused in his power or under his control shall deliver him with the statement prescribed in sub-section (1) of section 549 of the said Code to the authority specified in the said sub-section.

Rule 6 - RULE 6

Where a Magistrate has been moved by competent Military, Naval or Air Force authority, as the case may be under clause (b) of rule 3, and the Commanding Officer of the accused or competent Military, Naval or Air Force authority, as. the case may be, subsequently gives notice to such Magistrate that, in the opinion of such authority, the accused should be tried by a court-martial, such Magistrate, if he has not before receiving such notice done any act or made any order referred to in rule 4, shall stay proceedings and, if the accused in his power or under his control shall in the like manner deliver him, with the statement prescribed in sub-section (1) of section 549 of the said Code to the authority specified in the said sub-section.

Rule 7 - RULE 7

(1) When an accused person has been delivered by the Magistrate under rules 5 and 6, the Commanding Officer of the accused or the competent Military, Naval or Air Force authority, as the case may be, shall, as soon as may be, inform the Magistrate whether the accused has been tried by a court-martial or other effectual proceedings have been taken or ordered to be taken against him (21 When the Magistrate has been informed under sub-rule (1) that the accused has not been tried or other effectual proceedings have not been taken or ordered to be taken against him the Magistrate shall report the circumstances to the State Government which may, in consultation with the Central Government, take appropriate steps to ensure that the accused person is dealt with in accordance with law.

Rule 8 - RULE 8

Notwithstanding anything in the foregoing rules, where it comes to the notice of a Magistrate that a person subject to Military, Naval or Air Force law has committed an offence, proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through Military, Naval or Air Force authorities the Magistrate may by a written notice require the Commanding Officer of such person either to deliver such person to a Magistrate to be named in the said notice for being proceeded against according to law; or to stay the proceedings against such person before the court-martial if since instituted and to make a reference to the Central Government for determination as to the Court before which proceedings should be instituted.

Rule 9 - RULE 9

Where a person subject to Military, Naval or Air Force law has committed an offence which, in the opinion of competent Military, Naval or Air Force authority, as the case may be ought to be tried by Magistrate in accordance with the civil law in force or where the Central Government has, on a reference mentioned in rule 8, decided that proceedings against such person should be instituted before a Magistrate, the Commanding Officer of such person shall after giving a written notice to the Magistrate concerned, deliver such person under proper escort to that Magistrate.