Section 523. 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
Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950, 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 military, 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 military, 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.