it may, by written notice, require the prescribed officer, at his option, either to deliver over the
offender to the nearest Magistrate to be pro ceeded against according to law, or to postpone
proceedings pending a reference to the 1[Federal 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 1[Federal Government], whose order upon such reference
shall be final.
2[96. Trial by Court martial, bar to subsequent trial by Criminal Court. Where a person
subject to this Act is acquitted or convicted of an offence by a court martial, a criminal court shall be
debarred from trying him subsequently for the same offence or on the same facts.]
3[96A. Definition of court martial. For the purposes of sections 94 and 96, the term “court
martial” shall include an officer exercising authority under section 23.]
97. Powers of general and field general Court martial. A general or field general Court martial
shall have power to try any person subject to this Act for any offence made punishable therein, and to
pass any sent ence authorised by this Act.
98. Power of district Court martial. A district Court martial shall have power to try any person
subject to this Act, except an officer, junior commissioned officer or warrant officer, for any offence
made punishable therein, and to pass any sentence authorised by this Act other than a sentence of
4[stoning to death or death or amputation of hand, foot or both or imprisonment for a term exceeding
two years or whipping exceeding forty stripes].
1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.
2 Subs. by the Pakistan Army (Amdt.) Act, 1966 (6 of 1966), s. 2, "for original section 96".
3 New section 96A ins. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 8.
4 Subs. by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 11.
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