Army Act, 1950 · Chapter X: Courts-Martial
Section 125: Choice between criminal court and court-martial
When a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer commanding the army, army corps, division or independent brigade in which the accused person is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted before a court-martial, to direct that the accused person shall be detained in military custody.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 125
- The State of Sikkim v. Jasbir Singh & Anr.
- Nusli Neville Wadia v. Ivory Properties & Ors.
- Extra Judicial Execution Victim Families Association (Eevfam) & Anr. v. Union of India & Anr.
- General Officer Commanding v. CBI and Anr
- P.K. Choudhury v. Commander, 48 Brtf (Gref)
- Union of India Through Major General H.C. Pathak v. Major S.K. Sharma
- Commissioner of Sales Tax, M.P. Indore and Ors. v. Radhakrishan and Ors.
- Delhi Special Police Establishment, New Delhi v. Lt. Col. S. K. Loraiya
- S.K. Kashyap & Anr. v. The State of Rajasthan
- Som Datt Datta v. Union of India and Ors.
- Ram Sarup v. Union of Lndia and Another
- Mathuri and Ors. v. State of Punjab
- Major E. G. Barsy v. The State of Bombay