CHAPTER XXXIX MISCELLANEOUS
Section 520 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Trials before High Courts.
When an offence is tried by the High Court otherwise than under section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe if it were trying the case.
Section 521 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Delivery to commanding officers of persons liable to be tried by Court-martial.
(1) The Central Government may make rules consistent with this Sanhita and the Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950, 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 military, naval or air-force 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 military, naval or air-force station, as the case may be, for the purpose of being tried by a Court-martial.
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 Court-martial.
Section 522 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Forms.
Subject to the power conferred by article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.
Section 523 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Power of High Court to make rules
(1) Every High Court may, with the previous approval of the State Government, make rules—
(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;
(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them;
(c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed;
(d) any other matter which is required to be, or may be, provided by rules made by the State Government.
(2) All rules made under this section shall be published in the Official Gazette.
Section 524 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Power to alter functions allocated to Executive Magistrate in certain cases.
If the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with the High Court, by notification, direct that references
in sections 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.
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