Section 128 in The National Security Guard Rules, 1987
128. Offences by witnesses and others.
- When a Court is of opinion that there is ground for inquiring into any offence specified in sections 36 and 37 and committed before it or brought to its notice in the course of its proceedings, which would if done by a person subject to the Act, have constituted such an offence, such Court may proceed as follows, that is to say :-(a)If the person who appears to have committed the offence is subject to the Act, the court may bring his conduct to the notice of his commander.(b)If the person who appears to have done the act is amenable to a Law relating to any Armed Force, the Court may bring his conduct to the notice of the proper Force authority, as the case may be;(c)In other cases the officer who summoned the witness, to appear or the Presiding officer or officer holding the court, as the case may be, may forward a written complaint to the nearest Magistrate of the first class having jurisdiction, and in the case of acts which would, if done by a person subject to this act have constituted an offence under clause (e) of section 36 or section 37, the Court, after making any preliminary inquiry that may be necessary may send the case to the nearest Magistrate of the first class having jurisdiction for inquiry or trial in accordance with section 340 of the Code of Criminal Procedure, 1973 (2 of 1974).
