Cr.P.C Section 549 | Delivery to military authorities of persons liable to be tried by Court-martial.

Cr.P.C Section 549

Delivery to military authorities of persons liable to be tried by Court-martial.

(1) The [Federal Government] may make rules consistent with this Code and the [Pakistan Army Act, 1952 (XXXIX of 1952), the Pakistan Air Force Act, 1953 (VI of 1953) and the Pakistan Navy Ordinance, 1961 (XXXV of 1961),] and any similar law for the time being in force as to the cases

in which persons subject to [military [,naval] or air force law], shall be tried by a Court to which this Code applies, or by CourtMartial, 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 Code applies or by a Courtmartial], 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 regiment, corps, [ship] or detachment, to which he belongs, or to the commanding officer of the nearest [military [, naval] or airforce station, as the case may be], for the purpose of being tried by Courtmartial.

(2) Apprehension of such persons. Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any 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) Notwithstanding anything contained in this Code, if the person arrested by the Police is a person subject to the Pakistan Army Act, 1952 (XXXIX of 1952) and the offence for which he is accused is triable by a Court-martial, the custody of such person and the investigation of the offence of which he is accused may be taken over by the Commanding Officer of such person under the said Act.

 

 

Explanation of Cr.P.C Section 549

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