Repealed or not in force · As amended up to 2026-08
45. Where such an offence has been committed to be by any person while subject to this Act, he nlay be taken into custody and be tried and punished for the ofFence, althoygh he has ceased to be subject to this Act, in like manner as he might have been taken illto cu~tagly `ap4` tried and punished if he had continued to be so subject.
Jurisdiction over perfion ,,,,, to subject to A C ~ .
46, When a person subject to this Act is accused
Case of per'On with an offence cogoiz- `by` a Criminal Court.
of an offence in respect of which a Criminal Court has jurisdi~kion aver hi= under this Act or otherwise, the foll0wi-13g rule8 shall apply, namely :-
fence cogoiz- jurisdi~kion aver hi= under this Act or otherwise, the
- (u) any person subject to this Act shall, on applicatian made $0 hipa by $he Court., assist `in` arresting agd seqvaing the acoufied, and the comqgnding e c e r shall, if so required by the Cpurt, deliver tho accused to the Court ;
- `(6)` when no requisition is made under clause (a), the copmanding officer mqy, if he thinks fit, place the acoused in custody with s view t,o delivering him up to such Criminal Court as appears to him most convenient iq all the circumstaqces qf the case.
47. When a person subject to this Act is accused
Case of per- When a person subject to this Act is accused son charged of an offence in respect of which an Indian Mqrine with an offence cog- Court or a commanding officer has jqrisdiction under nizable by an this Act, and that person is within the jurisdiction of Indian ,Maline Court any civil, political or police officer, that oficer shall, or commaud- upon an application to tbat effect made to him by the ing officer. coqmanding ofFicer of that pemon or. any preso~ibecl. authority, aid in the wrest of the person apd deliver him when arrested into such custocly as the cornmanding offlcer or the prescribed authority may recluire.
Conflict of 48. When an Indian Marine Court or comrnand- juris(1ictio~l. ing officer under this Act, ancl a Criminal Court uncler this Act or otherwise, have concurrent juriscliction in respect of an oiyence, and there is a clifference of opinion `e`
as
as to the tribunal before which the person accused of t l ~ e offence sl~ould be proceeded against, either tribunal shall, on the requisition of the other, stay proceedings pending a reference to the Governor General in Council, wlzose order as to the tribunal before which the proceedings are to be had shall be final.
ceedings are to be had shall be final. 49. d n offender shall not be tried by an Indian `Ei!;::n` Marine Court or by his commanding officer for any offence of which he has been convicted or acquitted by a Criminal Court or ad Indian Marine Court or, in exercise of the powers conferred by section 43, by his commanding officer.
Source: India Code