CrPC Section 10
Section 10 of the Criminal Procedure Code (CrPC), 1973 – Stay of Proceedings in Certain Cases
Text of the Section:
“If it appears to the Court that the offence or any of the offences charged in a criminal proceeding is also an offence punishable under any law relating to the Army, Navy, Air Force or any other Armed Forces of the Union, the Court shall, if it considers it expedient so to do, stay the proceedings and communicate the fact to the Central Government or any other authority specified by the Central Government and shall thereafter act in conformity with any instructions that it may receive.”
Detailed Explanation:
1. Introduction:
Section 10 of the CrPC deals with the interplay between civilian courts and military law. It empowers a civilian court to stay or suspend criminal proceedings if the offence charged is also punishable under the special laws governing the Armed Forces.
2. Purpose:
The section ensures jurisdictional harmony and respects the special discipline and legal framework applicable to the Army, Navy, Air Force, and other Armed Forces of the Union. The military has its own legal system and disciplinary codes, and certain offences involving military personnel or matters are governed exclusively by these.
3. Key Elements:
Applicability: Applies where an offence under civilian law is also punishable under military law.
Court’s Discretion: The civilian court may stay the proceedings if it deems it appropriate — it is not mandatory.
Communication to Central Government: Once the court stays the proceedings, it must inform the Central Government or an authorized agency.
Following Instructions: After communication, the court must follow any instructions received from the Central Government or the designated authority.
4. Why is this Important?
Avoiding Conflict: Military law often deals with matters of discipline, security, and service conditions unique to the Armed Forces, which civilian courts may not be equipped to handle.
Maintaining Discipline: The Armed Forces require a separate and strict disciplinary mechanism to maintain order and efficiency.
Legal Clarity: This provision prevents parallel proceedings in civilian courts that may interfere with military discipline.
5. Practical Scenario:
For example, if a soldier is charged in a civilian court with an offence like assault, and the same act is punishable under the Army Act or relevant military law, the civilian court can stay the civilian case and send the matter to the military authorities. The military court or disciplinary authority will then decide the case as per military laws.
6. Relationship with Other Laws:
The Army Act, 1950, Navy Act, 1957, and Air Force Act, 1950 are special laws that provide the framework for military justice.
Section 10 of the CrPC ensures that these laws are respected and that civilian courts do not interfere unnecessarily in military matters.
7. Judicial Interpretation:
Courts have recognized the importance of this section to maintain the distinct jurisdiction and discipline of the Armed Forces. Civilian courts generally do not interfere with military justice unless there is a clear violation of legal principles.
Conclusion:
Section 10 of the CrPC is designed to avoid conflict between civilian judicial proceedings and military law by allowing civilian courts to stay cases involving offences also punishable under Armed Forces laws. It helps uphold the unique legal and disciplinary systems governing India’s military forces and ensures coordination between civilian and military authorities.
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