Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952.

Cases triable by Court Martial

87. Cases triable by Court Martial: – The following rules framed by the Government of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more shall be followed in cases where the accused person is liable to be tried by the Court Martial.

(1) These rules may be called the Criminal Courts and Court Martial (Adjustment of JurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case.) Rules, 1952.
(2) In these rules, unless the context otherwise requires: –

(a) “Commanding Officer”

(i) in relation to a person subject to Military law means the Officer Commanding the unit to which such person belongs or is attached;

(ii) in relation to a person subject to Naval LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it., means the Commanding Officer of the Ship or Naval establishment to which such person for the timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) being belongs ; and

(iii) in relation to a person subject to Air Force Law, means the Officer for the time being in command of the Unit to which such a person belongs or is attached ;

(b) “Competent Air Force Authority” means the Chief of the Air Staff, the Air or other Officer Commanding any Command, Group, Wing or Station in which the accused person is serving or where such person is serving in a field area, the Officer commanding the forces or the Air Forces in the field ;

(c) “Competent Military Authority” means the Chief of ArmyArmy The Army of the Islamic Republic of Iran shall be an Islamic army, which is an ideological and peoples army and which shall recruit competent individuals faithful to the objectives of the Islamic Revolution and ready to make sacrifices for attaining the same. (Art-144) Staff or Officer Commanding the Army, Army Corps, Division, Area, Sub-Area or Independent brigade in which the accused person is serving, and except in cases falling under Section 69 of the Army Act, 1950 (46 of 1950) in which death has result, the Officer commanding the brigade or sub-area or station in which the accused person is serving ;

(d) “Competent Naval Authority” means the Chief of the Naval Staff or the Flag Officer Commanding in Chief, Western Naval Command, Bombay or the Flag Officer Commanding-in-Chief Eastern Naval Command, Visakhapatnam or the Flag Officer Commanding, Southern Naval Area, Cochin or the Flag Officer, Commanding, Western Fleet or the Flag Officer Commanding, Eastern Fleet or Senior Naval Officer where the accused person is serving.

(3) Where a person subject to Military, Naval or Air Force Law, or any other law relating to the Armed Forces of the Union for the time being in force is brought before a Magistrate and charged with an offence for which he is also liable to be tried by a Court Martial, such Magistrate shall not proceed to try such person or to commit the case to the Court of Sessions unless ;

(a) he is moved thereto by a competent Military, Naval or Air Force Authority ; or

(b) he is of opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. for a reason to be recorded that he should so proceed or to commit without being moved thereto by such authority.

(4) Before proceeding under Clause (b) of Rule 3, the Magistrate shall give a written notice to the Commanding Officer or the competent Military, Naval or Air Force authority, as the case may be, of the accused and until the expiry of a period of 15 days from the date of service of the notice he shall not –
(a) Convict or acquit the accused under Section 252, sub-sections (1) and (2) of Section 255, sub-section (1) of Section 256 or Section 257 of the Code of Criminal Procedure, 1973 (2 of 1974), or hear him in his defence under Section 254 of the said Code ; or

(b) frame in writing a charge against the accused under Section 240 or sub-section (1) of Section 246 of the said Code ; or

(d) make over the case for inquiry or trial under Section 192 of the said Code.

(5) Where within the period of 15 days mentioned in Rule 4 or at any time thereafter but before the Magistrate takes any action or makes any order referred to in that Rule, the Commanding Officer of the accused or the competent Military, Naval or Air Force authority as the case may be, gives notice to the Magistrate that in the opinion of such Officer or authority the accused should be tried by a Court Martial, the Magistrate shall stay the proceedings, and if the accused is in his power or tinder his control, shall deliver him together with the statement referred to in sub-section (1) of Section 475 of the said Code to the Officer specified in the said sub-section.

(6) Where a Magistrate has been moved by the competent Military, Naval or Air Force authority, as the case may be under Clause (a) of Rule 3, and the Commanding Officer of the accused or the competent Military. Naval or Air Force Authority, as the case may be, subsequently gives notice to such Magistrate that in the opinion of such Officer or authority, the accused should be tried by a Court Martial, such Magistrate if he has not taken any action or made any order referred to in Clauses (a), (b), (c) or (d) of Rule 4, before receiving the notice shall stay the proceedings and if the accused is in his power or under his control, shall deliver him together with the statement referred to in sub-section (1) of Section 475 of the said Code to the Officer specified in the said sub-section.

(7) (i) When an accused 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.
(ii) 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.

(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, or any other law relating to the Armed Force of the Union for the time being in force 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 proceeding 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.

(9) Where a person subject to Military, Naval or Air Force Law, or any other law relating to the Armed Forces of the Union for the time being in force 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 a Magistrate in accordance with the Civil law in force or where the Central Government has, or a reference mentioned in Rule 8, decided that the 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.

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