Section 338(2) in Criminal Courts - Rules and Orders
(2)Where a person subject to military, naval or air force law is brought before Magistrate and charged with an offence for which he is liable under the Army Act, the Naval Discipline Act, the Naval Discipline Act as modified by the Indian Navy (Discipline) Act, 1934, or the Air Force Act, to be tried by the a Court-martial, such Magistrate, unless he is moved by the competent military, naval or air force authority to proceed against the accused under the Code of Criminal Procedure, 1898, shall before proceeding give notice to the Commanding Officer of the accused, and until the expiry of a period of five days from the date of service of such notice, shall not-(a)convict the accused under Section 243, acquit him under Section 247 or Section 248, or hear him in his defence under Section 244 of the said Code, or(b)frame a charge against the accused under Section 254 of the said Code, or(c)make an order committing the accused for trial by the High Court or the Court of Session under Section 213 or sub-section (1) of Section 446, of the said Code, or(d)transfer the case for enquiry or trial under Section 192 of the said Code, or(e)issue an order under sub-section (1) of Section 445 of the said Code for the case to be referred to a Bench.[Government of India, Legal Department, Notification No. F-248-44-C and G (Judicial), dated the 8th May 1945.]
