(1)When a person subject to the Army Act commits an offence under conditions precluding trial by Court-martial, his Commanding Officer will at once inform the police and the nearest Magistrate and under the orders of the Brigade Commander the offender will be handed over to the civil power for trial. After a person, subject to the Army Act, accused of an offence such as is referred to in the proviso to the Army Act, Section 41, has been handed over to the civil power for trial the competent authority may instruct the Advocate-General to apply to the High Court for the committal or transfer of the case to the High Court under the Code of Criminal Procedure, 1898, Section 526-A.(2)If a person, subject to the Indian Army Act, 1911, is charged with an offence and if the offence be one which cannot be tried by Court-martial under the Army Act, or if, although so triable the military authority decides not so to try the offence and the surrender of the person of the accused is desired by the civil authorities, a requisition shall be addressed with that object to the military authority by the senior executive police officer present in the station. If the charge is of a non-cognizable offence the police officer making the requisition should obtain a warrant signed by a Magistrate. The requisition should ordinarily be made by a police officer not below the rank of Assistant Superintendent of Police.
