Section 475 CrPC: Delivery to commanding officers of persons liable to be tried by Court-martial

Code of Criminal Procedure, 1973

Section 475 CrPC at a Glance

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

Now BNSS

Section 521 →

What Section 475 CrPC Says

475. Delivery to commanding officers of persons liable to be tried by Court-martial
(1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of 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 Code 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 Code 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.

Source: Section 475, Code of Criminal Procedure, 1973

Section 475 CrPC in Simple Words

Section 475 of the Code of Criminal Procedure, 1973 deals with delivery to commanding officers of persons liable to be tried by Court-martial.

The Central Government may make rules consistent with this Code 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, as to 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 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 military, naval or air-force station, as the case may be.

When Section 475 CrPC Applies

Under Section 475(1) CrPC, the Central Government may make rules consistent with the Code and the Armed Forces laws as to cases in which persons subject to military, naval or air-force law shall be tried by a Court to which the Code applies, or by a Court-martial.
Under Section 475(1) CrPC, 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 Code 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 military, naval or air-force station, as the case may be.
The Explanation in Section 475 CrPC 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 475(2) CrPC, 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 475(3) CrPC, 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 475 CrPC

Ramesh, a person subject to military law, is brought before a Magistrate and charged with an offence for which Ramesh is liable to be tried either by a Court to which the Code of Criminal Procedure, 1973 applies or by a Court-martial. Under Section 475(1) CrPC, the Magistrate shall have regard to the rules made by the Central Government, and shall in proper cases deliver Ramesh, together with a statement of the offence of which Ramesh is accused, to the commanding officer of the unit to which Ramesh belongs, for the purpose of being tried by a Court-martial.

When Section 475 CrPC Does Not Apply

Section 475 CrPC 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 474 CrPC speaks of.
Section 475 CrPC speaks of rules made by the Central Government. It does not deal with the power of the High Court to make rules, which Section 477 CrPC speaks of.

Section 475 CrPC Under BNSS 521: What Changed

Section 475 CrPC is now covered under Section 521 BNSS.

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.

View detailed comparison (CrPC 475 vs BNSS 521) →

FAQs on Section 475 CrPC

What may the Central Government do under Section 475(1) CrPC?▼

Under Section 475(1) of the Code of Criminal Procedure, 1973, the Central Government may make rules consistent with this Code 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, 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 Code applies, or by a Court-martial.

What shall a Magistrate do under Section 475(1) CrPC when a person liable to be tried by a Court-martial is brought before the Magistrate?▼

Section 475(1) CrPC 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 military, naval or air-force station, as the case may be, for the purpose of being tried by a Court-martial.

What do Section 475(2) CrPC and Section 475(3) CrPC provide?▼

Section 475(2) CrPC 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 475(3) CrPC 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.

Where is Section 475 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

From 1 July 2024, Section 475 of the Code of Criminal Procedure, 1973 is found in Section 521 BNSS. Section 475(1) CrPC is found in Section 521(1) BNSS, the Explanation in Section 475 CrPC in the Explanation in Section 521 BNSS, Section 475(2) CrPC in Section 521(2) BNSS and Section 475(3) CrPC in Section 521(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·