Power of criminal court to require delivery of offender
Section 126 of the Army Act, 1950 deals with power of criminal court to require delivery of offender. When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 125 at his option, either to deliver over the offender to the nearest magistrate to be p The Act came into force on 22 Jul 1950.
(1) When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 125 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the Central Government.
(2) In every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the Central Government, whose order upon such reference shall be final.
Section 126, The Army Act, 1950 (Act 46 of 1950).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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Questions about Section 126
What does Section 126 of the Army Act deal with?
Section 126 of the Army Act is headed "Power of criminal court to require delivery of offender". When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 125 at his option, either to deliver over the offender to the nearest magistrate to be p
How do I find court cases under Section 126 of the Army Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Army Act 1950 126, section 126 Army Act 1950, section 126 of the Army Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 126 of the Army Act, and has it changed?
Its own text turns on section 125 (Choice between criminal court and court-martial), so none of them can safely be read on its own.
When did Section 126 of the Army Act come into force?
Section 126 of the Army Act, cited as Army Act 1950 126, came into force on 22 Jul 1950, having been enacted on 20 May 1950. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Definitions961 words
- 142. Presumption as to certain documents547 words
- 90. Deductions from pay and allowances of officers422 words
- 91. Deductions from pay and allowances of persons other than officers415 words
- 34. Offences in relation to the enemy and punishable with death328 words
- 151. Order for disposal of property regarding which offence is committed303 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.