Section 475 of CrPC : Section 475: Delivery to commanding officers of persons liable to be tried by Court-martial.
CrPC
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Explanation using Example
Example 1:
Scenario: An Indian Army soldier, Rajesh, stationed in Jammu, is accused of theft from a local civilian's house.
Application of Section 475:
- Rajesh is arrested by the local police and brought before a Magistrate.
- The Magistrate, aware of Section 475, checks if Rajesh is subject to military law under the Army Act, 1950.
- The Magistrate refers to the rules made by the Central Government regarding the trial of military personnel.
- Since Rajesh is liable to be tried by a Court-martial, the Magistrate delivers Rajesh, along with a statement of the offence, to the commanding officer of his unit.
- Rajesh is then tried by a Court-martial instead of a civilian court.
Example 2:
Scenario: An Indian Air Force officer, Priya, stationed in Bengaluru, is accused of assaulting a fellow officer within the airbase.
Application of Section 475:
- Priya is detained by the airbase security and the incident is reported to the local police.
- The local police bring Priya before a Magistrate.
- The Magistrate, following Section 475, considers the rules consistent with the Air Force Act, 1950.
- The Magistrate determines that Priya should be tried by a Court-martial.
- The Magistrate delivers Priya, along with a statement of the offence, to the commanding officer of the nearest air-force st...
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