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TMI Blog1987 (4) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... ndergoing their sentences of varying terms of imprisonment for the grant of benefit to them of the provision for set off contained in Section 428 of the CrPC. The High Court has granted certificates of fitness under Article 134A of the Constitution and it is on the strength of those certificates that these appeals have been preferred to this Court. 2. The common question of law that arises in these appeals concerns the applicability of Section 428 of the CrPC to persons sentenced to undergo imprisonment by General Court-Martial under the Army Act. The position under the Army Act will equally govern persons sentenced to undergo imprisonment by Court-Martial under the Navy Act and the Air Force Act. 3. In the judgments under appeal, the Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no applicability whatever in respect of persons convicted and sentenced by Court-Martial. 7. Section 5 of the CrPC lays down that nothing contained in the said Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. The relevant Chapters of the Army Act, the Navy Act and the Air Force Act embody a completely self-contained comprehensive Code specifying the various offences under those Acts and prescribing the procedure for detention and custody of offenders, investigation and trial of the offenders by Court-Martial, the punishments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of Sections 128 to 152, we find detailed provisions laying down the procedure to be followed by Court-Martial in conducting the trial of offenders. Chapter XII contains provisions relating to confirmation and revision of the findings entered and sentences imposed by the different categories of court-martial. Sections 166 to 176 contained in Chapter XIII deal with the execution of sentences and the establishment and regulation of military prisons etc. The subject of granting pardons, remissions and suspensions of sentences is dealt with in Sections 179 to 190 comprised in Chapter XIV of the Act. Thus we find that the Act contains elaborate and comprehensive provisions dealing with all the stages commencing from the investigation of offenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act specifically deals with the topic of the date of commencement of the sentence of imprisonment, there is absolutely no scope for invoking the aid of Section 428 of the CrPC in respect of prisoners convicted by Court-Martial under the Act. 10. As we have already indicated, we are unable to accept as correct the narrow and restricted interpretation sought to be placed on Section 5 of the Code by the Counsel appearing on behalf of the appellants. In our opinion the effect of Section 5 of the Code is clearly to exclude the applicability of the Code in respect of proceedings under any special or local law or any special jurisdiction or form of procedure prescribed by any other law. Whatever doubt might otherwise have existed on this p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith 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 situated within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial. The distinction made in the Section between "trial by a Court to which this Code applies" and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. In the case of persons tried by Court-Martial there is no investigation conducted by any police officer under the Code or by any person authorised by Magistrate in that behalf. 13. Similarly, the expression "inquiry" has been defined in Section 2(g) of the Code as meaning "every inquiry, other than a trial, conducted under this Code by a Magistrate or Court." No inquiry is conducted under the Code by any Magistrate or Court in respect of the offences committed by persons which are tried by the Court-Martial. The trial is also not conducted by the Court-Martial under the Code but only in accordance with the specia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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