The Supreme Court has held that criminal court will have jurisdiction to try a case against an army personnel if the Commanding Officer does not exercise the discretion under Section 125 of the Army Act to initiate court-martial with respect to the offence. If the designated officer does not exercise to institute proceedings before a court-martial, the Army Act would not interdict the exercise of jurisdiction by the ordinary criminal court, the Court held.
State of Sikkim vs Jasbir Singh, 2022 LiveLaw (SC) 116Case Number : CrA 85 of 2022 | 1 Feb 2022
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