Delivery to commanding officers of persons liable to be tried by Court-martial
Section 521 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with delivery to commanding officers of persons liable to be tried by Court-martial. The Central Government may make rules consistent with this Sanhita and the Air Force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subje The Act came into force on 01 Jul 2024.
(1) The Central Government may make rules consistent with this Sanhita and the Air Force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to army, naval or airforce law, or such other law, shall be tried by a Court to which this Sanhita applies, or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Sanhita applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest army, naval or air-force station, as the case may be, for the purpose of being tried by a Courtmartial.
Explanation.---In this section---
(a) "unit" includes a regiment, corps, ship, detachment, group, battalion or company;
(b) "Court-martial" includes any Tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union.
(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.
(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Courtmartial.
Section 521, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 475 Delivery to commanding officers of persons liable to be tried byCourt-martial Text carried over almost unchanged 93%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Om Prakash S/o Shri Sardara Ram vs State of Rajasthan
Decided under Code of Criminal Procedure 475, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a military officer is accused of a criminal offence and the trial court has complied with Section 475 CrPC by seeking the Commanding Officer's permission to conduct trial at a military tribunal, but the Commanding Officer refuses to conduct the trial, the trial court has the jurisdiction and authority to proceed with the trial itself. The refusal of the military tribunal to conduct trial does not deprive the civil court of its jurisdiction to try the accused.
On this section: Section 475 CrPC governs the trial of military personnel. The court examined whether the trial court had complied with this section's requirements before commencing trial. The section appears to require that military personnel be tried by military tribunals, but the court held that when the Commanding Officer refuses to conduct trial, the civil court can proceed.
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Banwari Lal vs State of Rajasthan through Pp
Decided under Code of Criminal Procedure 475, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a criminal case involves a military serviceman along with other non-military accused persons, the case cannot be transferred to a military court (court martial) under Section 475 CrPC merely because one of the accused is in military service. The presence of multiple accused, including non-military personnel, prevents the transfer of the entire case to military jurisdiction, and the case must proceed in the regular criminal court with all accused tried together.
On this section: Provision regarding trial of military personnel; the core issue in this case is whether the case should be transferred to a military court under this section when multiple accused are involved
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 521
What have the courts held on Section 521 of the Bharatiya Nagarik Suraksha Sanhita?
Om Prakash S/o Shri Sardara Ram vs State of Rajasthan (24 Oct 2024) is the leading judgment on this section among those set out below, though it was decided under CRPC 475, which this section replaced -- the court never mentioned this Act: Section 475 CrPC governs the trial of military personnel. The court examined whether the trial court had complied with this section's requirements before commencing trial. The section appears to require that military personnel be tried by military tribunals, but the court held that when the Commanding Officer refuses to conduct trial, the civil court can proceed. Another 1 judgment on this section is set out below. They run from 2014 to 2024.
How do I find court cases under Section 521 of the Bharatiya Nagarik Suraksha Sanhita?
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: BNSS 521, section 521 BNSS, section 521 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Om Prakash S/o Shri Sardara Ram vs State of Rajasthan (24 Oct 2024).
What should I read with Section 521 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 475 (Delivery to commanding officers of persons liable to be tried byCourt-martial), so the judgments decided under that provision are the case law on this one.
When did Section 521 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 521 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 521, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 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 14 Oct 2026. This page is not a substitute for legal advice.