Section 521 BNSS: Delivery to commanding officers of persons liable to be tried by Court-martial (Formerly Section 475 CrPC)

Section 521 of Bharatiya Nagarik Suraksha Sanhita, 2023: Delivery to commanding officers of persons liable to be tried by Court-martial

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The Central Government may make rules consistent with this Sanhita and the Air Force Act, 1950, the Army Act, 1950, the Navy Act, 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 521

Section 521 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 475 of the CrPC, 1973) governs the delivery of military, naval, air force, or armed forces personnel accused of offences to commanding officers for trial by Court-martial.

Armed Forces Personnel Jurisdiction: Applies when any person subject to the Army Act, Navy Act, Air Force Act, or other armed forces law is brought before a Magistrate charged with an offence for which they are liable to be tried by Court-martial.
Magistrate's Duty to Inform Military Authorities: The Magistrate shall, on application of the commanding officer or competent military authority, deliver them together with the statement of the offence to the commanding officer.
Option Between Ordinary Court & Court-Martial: The military authorities possess the primary option to decide whether the offender shall be tried by Court-martial or by the ordinary criminal court.
Exceptions for Civil Offences: Civil offences against civilians outside military cantonments may be retained by ordinary criminal courts under central rules.

Key Landmark Precedents:

Delhi Special Police Establishment v. Lt. Col. S.K. Loraiya, (1972) 2 SCC 692: The Supreme Court authoritatively settled that the Magistrate must give notice to the military authorities under Section 475 CrPC (Section 521 BNSS) before proceeding with the trial of an armed forces officer; failure to give notice vitiates the trial.
Som Datt Datta v. Union of India, AIR 1969 SC 414: The Constitution Bench held that the option regarding military trial or criminal trial lies initially with the competent military authority under the Army Act and procedural rules.

Courtroom Practice & Strategic Litigation Guidance:

When representing armed forces personnel facing civilian criminal charges, move an application under Section 521 and the Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules demanding referral to the commanding officer for military court-martial.