Chapter V ARREST AND PROCEEDINGS BEFORE TRIAL

1. (1) Any person subject to this Act who is charged with an offence may be taken into Security Guard custody, under the order of any superior officer.
2. (2) Notwithstanding anything contained in sub-section (1), an officer may order into Security Guard custody any other officer, though such other officer may be of a higher rank, engaged in a quarrel, affray or disorder.

1. (1) It shall be the duty of every Commander to 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 regard to the public service.
2. (2) The case of every person being detained in custody beyond a period of forty-eight hours, and the reasons therefor, shall be reported by the Commander to the next higher authority.
3. (3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public holidays shall be excluded.
4. (4) Subject to the provisions of this Act, the Central Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in Security Guard custody, pending the trial by any competent authority for any offence committed by him

In every case where any such person as is mentioned in section 55 and as is not on active duty, remains in such custody for a longer period than eight days without a Security Guard Court for his trial being convened, a special report giving reasons for the delay shall be made by his Commander and a similar report shall be forwarded at intervals of every eight days until a Security Guard Court is convened or such person is released from custody.

Whenever any person subject to this Act, who is accused of an offence under this Act, is within the jurisdiction of any Magistrate or police officer, such Magistrate or police officer shall aid in the apprehension and delivery to Security Guard custody of such persons upon receipt of a written application to that effect signed by his Commander or an officer authorised by the Commander in that behalf.

1. (1) Whenever any person subject to this Act deserts, the Commander of the unit to which he belongs, shall give information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a Magistrate, and shall deliver the deserter, when apprehended, into Security Guard custody.
2. (2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter and shall bring him without delay before the nearest Magistrate, to be dealt with according to law

1. (1) When any person subject to this Act has been absent from duty without due authority for a period of thirty days, a Court of inquiry shall, as soon as practicable, be appointed by an officer not below the rank of a Group Commander under whose command he is for the time being serving and such Court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries; and if satisfied of the fact of such absence without due authority or other sufficient cause, the Court shall declare such absence and the period thereof and the said deficiency, if any, and transmit the proceedings of the Court of inquiry to the officer who appointed the court of inquiry, for further action.
2. (2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter.