Section 23: Custody of offenders

23. Custody of offenders.— (1) Any person subject to this Ordinance who is charged with any offence may be taken into Frontier Corps custody by any Junior Commissioned Officer or non- commissioned officer senior in rank to the person charged with any offence: Provided that in the case offences of mutiny or murder, the offender may also be arrested by any person junior to him in rank. (2) Every Commandant shall take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having due regard to the public service and every case of a person detained in custody beyond a period of forty-eight hours and the reason therefore shall be reported by the Commandant to the prescribed authority while making an application for the trial of the person charged: Provided that in reckoning the period of forty-eight hours all public holidays shall be excluded. (3) In every case where any such person as is mentioned in sub-section (1) remains in custody for a period exceeding eight days, without the orders of his trial, a special report giving reason for the delay shall be made by the Commandant concerned to the Inspector General.

Effective date: 1959-01-01

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