Section 78
Power of criminal court to require delivery of offender.
The National Security Guard Act, 1986
About this Act
An Act to provide for the constitution and regulation of an armed force of the Union for combating terrorist activities with a view to protecting States against internal disturbances and for matters connected therewith.
(1) When a Criminal Court having
jurisdiction is of the opinion that proceedings shall be instituted before itself in respect of any alleged
offence, it may, by written notice, require the officer referred to in section 77 at his option, either to
deliver over the offender to the nearest Magistrate to be proceeded against according to law, or to
postpone proceedings, pending a reference to the Central Government.
(2) In every such case, the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the Court before which the proceedings are to be instituted, for the determination of the Central Government whose order upon such reference shall be final.
(2) In every such case, the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the Court before which the proceedings are to be instituted, for the determination of the Central Government whose order upon such reference shall be final.