Sections 474 and 475 CrPC: Trials Before High Courts and Court-Martial Procedure

Sections 474 and 475 of the Code of Criminal Procedure, 1973 form part of Chapter XXXVII, "Miscellaneous". They deal respectively with the procedure to be followed when a High Court itself tries an offence and with the delivery of persons who may be tried either by an ordinary criminal court or by Court-martial.

Legal status: This article explains the CrPC provisions applicable under the legal framework before the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024. The corresponding BNSS provisions are Sections 520 and 521. For proceedings governed by the earlier law, the repeal and savings provisions must also be considered.

Section 474 CrPC - Trials before High Courts

Meaning: Section 474 prescribes the trial procedure where an offence is tried by a High Court otherwise than under Section 407 CrPC. In such a trial, the High Court follows the same procedure that a Court of Session would follow if the Sessions Court were trying the case.

Statutory rule in substance: When an offence is tried by the High Court otherwise than under Section 407, the High Court is required to observe the procedure applicable to a trial before a Court of Session.

What Section 407 refers to

Section 407 CrPC concerns the High Court's power to transfer cases and appeals. Section 474 therefore addresses a High Court trial occurring otherwise than under that transfer provision and identifies the procedural model to be followed.

Section 475 CrPC - Delivery to commanding officers of persons liable to be tried by Court-martial

Meaning: Section 475 regulates situations in which a person subject to military, naval, air-force or other applicable Armed Forces law is accused of an offence that may be tried either by a criminal court governed by the CrPC or by a Court-martial.

Central Government rules and duty of the Magistrate

Under sub-section (1), the Central Government may make rules consistent with the CrPC and the Army Act, 1950, Navy Act, 1957, Air Force Act, 1950 and other applicable Armed Forces law. Where an accused is liable to trial by either forum, the Magistrate must have regard to those rules and, in a proper case, deliver the accused with a statement of the alleged offence to the appropriate commanding officer for Court-martial proceedings.

Definitions in the Explanation

Unit: The expression includes a regiment, corps, ship, detachment, group, battalion or company.

Court-martial: The expression includes a tribunal constituted under the relevant Armed Forces law that has powers similar to those of a Court-martial.

Written application by commanding officer

Under sub-section (2), when a commanding officer makes the prescribed written application, the Magistrate must use utmost endeavours to apprehend and secure the person accused of the offence.

Power of the High Court

Under sub-section (3), a High Court may direct that a prisoner detained in a jail within the State be brought before a Court-martial either for trial or for examination concerning a matter pending before the Court-martial.

Sections 474 and 475 at a glance

Provision	Subject	Core rule
Section 474 CrPC	Trials before High Courts	High Court follows the procedure of a Court of Session when the provision applies.
Section 475 CrPC	Persons liable to Court-martial	Coordinates criminal-court and Court-martial jurisdiction and permits delivery to the appropriate commanding officer in accordance with applicable rules.

Corresponding provisions under BNSS

For current criminal procedure, Section 520 BNSS corresponds to Section 474 CrPC, while Section 521 BNSS corresponds to Section 475 CrPC. Section 520 refers to Section 447 BNSS in place of the former reference to Section 407 CrPC. Section 521 substantially carries forward the Court-martial mechanism, with terminology adjusted to the BNSS framework.

This page is an informational explanation of the statutory provisions and should be read with the applicable enactment, rules, amendments and savings provisions for the facts and date of the proceeding concerned.