Section 87(3) in Criminal Rules of Practice and Circular Orders, 1990
(3)Where a person subject to Military, Naval or Air Force Law, or any other law relating to the Armed Forces of the Union for the time being in force is brought before a Magistrate and charged with an offence for which he is also liable to be tried by a Court Martial, such Magistrate shall not proceed to try such person or to commit the case to the Court of Sessions unless ;(a)he is moved thereto by a competent Military, Naval or Air Force Authority ; or(b)he is of opinion for a reason to be recorded that he should so proceed or to commit without being moved thereto by such authority.
