Section 521 BNSS: Delivery to commanding officers of persons liable to be tried by Court-martial

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 521 BNSS at a Glance

Section 521 BNSS deals with delivery to commanding officers of persons liable to be tried by Court-martial. It replaced Section 475 CrPC on 1 July 2024.

Was CrPC

Section 475 →

Section 521 BNSS Bare Act Text

(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.

Source: Section 521, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 521 BNSS in Simple Words

Section 521 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with delivery to commanding officers of persons liable to be tried by Court-martial.

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, as to cases in which persons subject to army, naval or air-force law shall be tried by a Court to which this Sanhita applies, or by a Court-martial.

When a person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by such a Court or by a Court-martial, the Magistrate shall have regard to those 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.

When Section 521 BNSS Applies

  • Under Section 521(1) BNSS, the Central Government may make rules consistent with the Sanhita and the Armed Forces laws as to cases in which persons subject to army, naval or air-force law shall be tried by a Court to which the Sanhita applies, or by a Court-martial.
  • Under Section 521(1) BNSS, when a 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 the Sanhita applies or by a Court-martial, the Magistrate shall have regard to the 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.
  • The Explanation in Section 521 BNSS provides that unit includes a regiment, corps, ship, detachment, group, battalion or company, and that 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.
  • Under Section 521(2) BNSS, 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.
  • Under Section 521(3) BNSS, 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.

Example of Section 521 BNSS

Suresh, a person subject to army law, is brought before a Magistrate and charged with an offence for which Suresh is liable to be tried either by a Court to which the Bharatiya Nagarik Suraksha Sanhita, 2023 applies or by a Court-martial. Under Section 521(1) BNSS, the Magistrate shall have regard to the rules made by the Central Government, and shall in proper cases deliver Suresh, together with a statement of the offence of which Suresh is accused, to the commanding officer of the unit to which Suresh belongs, for the purpose of being tried by a Court-martial.

When Section 521 BNSS Does Not Apply

  • Section 521 BNSS speaks of delivery to commanding officers of persons liable to be tried by Court-martial. It does not deal with trials before High Courts, which Section 520 BNSS speaks of.
  • Section 521 BNSS speaks of rules made by the Central Government. It does not deal with the power of the High Court to make rules, which Section 523 BNSS speaks of.

Section 521 BNSS in the CrPC (Previous Law)

Section 521 BNSS replaced Section 475 CrPC from 1 July 2024.

Section 475 of the Code of Criminal Procedure, 1973 was replaced by Section 521 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The heading is the same. Section 521(1) BNSS reads this Sanhita where Section 475(1) CrPC read this Code, in each place where it appears. Section 521(1) BNSS reads army where Section 475(1) CrPC read military, in each place where it appears. Section 521(1) BNSS lists the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957 in that order where Section 475(1) CrPC listed the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950 in that order.

Each sub-section below names its own source.

FAQs on Section 521 BNSS

What may the Central Government do under Section 521(1) BNSS?▼

Under Section 521(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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, 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.

What shall a Magistrate do under Section 521(1) BNSS when a person liable to be tried by a Court-martial is brought before the Magistrate?▼

Section 521(1) BNSS provides that the Magistrate shall have regard to the rules, and shall in proper cases deliver the person, together with a statement of the offence of which the person is accused, to the commanding officer of the unit to which the person 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.

What do Section 521(2) BNSS and Section 521(3) BNSS provide?▼

Section 521(2) BNSS provides that 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. Section 521(3) BNSS provides that 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.

What changed from Section 475 CrPC to Section 521 BNSS from 1 July 2024?▼

From 1 July 2024, Section 521 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 475 of the Code of Criminal Procedure, 1973. It has the same heading. Section 521(1) BNSS reads this Sanhita where Section 475(1) CrPC read this Code, in each place where it appears. Section 521(1) BNSS reads army, naval or air-force law where Section 475(1) CrPC read military, naval or air-force law, and the nearest army, naval or air-force station where Section 475(1) CrPC read the nearest military, naval or air-force station. Section 521(1) BNSS lists the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957 in that order where Section 475(1) CrPC listed the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950 in that order.

Section 521 BNSS: Sub-sections Explained

Section 521(1) BNSS: Delivery to commanding officers of persons liable to be tried by Court-martial

▶

Bare Act Text

(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.

Previous Law

CrPC 475 → Section 521(1) BNSS

Section 521(2) BNSS: Delivery to commanding officers of persons liable to be tried by Court-martial

▶

Bare Act Text

(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.

Previous Law

CrPC 475(2) → Section 521(2) BNSS

Section 521(3) BNSS: Delivery to commanding officers of persons liable to be tried by Court-martial

▶

Bare Act Text

(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.

Previous Law

CrPC 475(3) → Section 521(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·