Section 4 in The Criminal Court And Border Security Force Courts (Adjustment Of Jurisdiction) Rules, 1969
4. Notice by Magistrate
.-Before proceeding under clause (a) of rule 3, the Magistrate shall give written notice to the commandant of the accused and until the expiry of a period of, -(i)three weeks, in the case of a notice given to a commandant in command of a unit or detachment located in any of the following areas, that is to say -(a)State of Nagaland;(b)Mizo Hill, Garo Hill, Khasi and Jaintia Hill and North Cachar Hill Districts of Assam, or(ii)ten days in the case of a notice given to any other commandant in command of a unit or detachment located elsewhere in India, from the date of the service of such notice, he shall not -(a)convict or acquit the accused under section 243 or section 245 or section 247 or section 248 of the [Code of Criminal Procedure, 1898 (5 of 1898)] or hear him in his defence under section 244 of the said Code; or(b)frame in writing 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 Sessions under section 213 of the said Code; or(d)transfer the case for inquiry or trial under section 192 of the said Code.
