The procedure in case of civil offences committed by persons subject to the Indian Army Act is as given below:-(a)All civil offences except those specified in the proviso to the Indian Army Act, Section 41, can be tried either by Court-martial or by a Civil Court.(b)Offences under the Indian Army Act, Sections 27 (d), 35 (a) and (b), and 39 (b) and (d), as well as most offences under Section 37 can also be tried by a Court-martial or a Civil Court.(c)The procedure to be followed in a case where there is dual jurisdiction is laid down in the Indian Army Act, Sections 69 and 70, the prescribed military authority being the General Officer Commanding-in-Chief Command, or the District, Brigade or Station Commander. (See also Manual of Indian Military Law, Chapter VI, paragraphs 1 to 3).If the Offender is in military/civil custody, the Officer Commanding Unit/Magistrate will take steps to request the prescribed military authority to decide the Court before which proceeding shall be instituted, but in those cases falling under Section 41 of the Indian Army Act, in which death has resulted, the decision shall rest with the District Commander or the General Officer Commanding-in-Chief Command.
