8. Notice of trial of protected persons to be served on protecting power, etc.—(1) The court
before which—
(a) a protected prisoner of war is brought up for trial for any offence; or
(b) a protected internee is brought up for trial for an offence for which that court has power to
sentence him to death or to imprisonment for a term of two years or more,
shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing
the particulars mentioned in the next following sub-section, so far as they are known to the prosecutor,
has been served not less than three weeks previously on the protecting power
(if there is a protecting power) and, if the accused is a protected prisoner of war on the accused and the
prisoners‟ representative.
(2) The particulars referred to in the foregoing sub-section are—
(a) the full name and description of the accused, including the date of his birth and his profession
or trade, if any, and if the accused is a protected prisoner of war, his rank and arm, regimental,
personal or serial number;
(b) his place of detention, internment or residence;
(c) the offence with which he is charged; and
(d) the court before which the trial is to take place and the time and place appointed for the trial.
(3) For the purposes of this section a document purporting—
(a) to be signed on behalf of the protecting power or by the prisoners‟ representative or by the
person accused, as the case may be; and
(b) to be an acknowledgment of the receipt by that power, representative or person on a specified
day of a notice described therein as a notice under this section,
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shall, unless the contrary is shown, be sufficient evidence that the notice required by sub-section (1)
was served on that power, representative or person on that day.
(4) In this section, the expression “prisoners‟ representative” in relation to a particular protected
prisoner of war at a particular time means the person by whom the functions of prisoners‟ representative
within the meaning of article 79 of the Third Convention were exercisable in relation to that prisoner at
the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner
of war.
(5) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be
complied with may, notwithstanding anything in any other law, authorise the detention of the accused in
such custody as it may think fit for the period of the adjournment.
9. Legal re-presentation of certain persons.—(1) The court before which—
(a) any person is brought up for trial for an offence under section 3 of this Act; or
(b) a protected prisoner of war is brought up for trial for any offence,
shall not proceed with the trial unless—
(i) the accused is represented by a legal practitioner; and
(ii) it is proved to the satisfaction of the court that a period of not less than fourteen days has
elapsed since instructions for the representation of the accused at the trial were first given to the
legal practitioner,
and if the court adjourns the trial for the purpose of enabling the requirements of this sub-section to be
complied with, then, notwithstanding anything in any other law, the Court may authorise the detention of
the accused in such custody as it may think fit for the period of the adjournment.
(2) Where the accused is a protected prisoner of war, in the absence of a legal practitioner accepted by
the accused as representing him, the legal practitioner instructed for the purpose on behalf of the
protecting power shall, without prejudice to the requirements of clause (ii) of the foregoing sub-section,
be regarded for the purposes of that sub-section as representing the accused.
(3) If the court adjourns the trial in pursuance of sub-section (1) by reason that the accused is not
represented by a legal practitioner, the court shall direct that a legal practitioner be assigned to watch over
the interests of the accused at any further proceedings in connection with the offence, and at any such
further proceedings, in the absence of a legal practitioner either accepted by the accused as representing
him or instructed as mentioned in the last foregoing sub-section, the legal practitioner assigned in
pursuance of this sub-section shall, without prejudice to the requirements of clause (ii) of sub-section (1),
be regarded for the purposes of that sub-section as representing the accused.
(4) A legal practitioner shall be assigned in pursuance of sub-section (3) in such manner as may be
provided in the rules made under this Act or, in the absence of provisions in the rules, as the court directs,
and the legal practitioner so assigned shall be entitled to such fees as may be provided in the rules made
under this Act.
10. Appeals by protected prisoners of war and internees.—(1) Where a protected prisoner of war
or a protected internee has been sentenced by a court to death or to imprisonment for a term of two years
or more, any time allowed in relation to the institution of an appeal against the conviction or sentence
shall be deemed to continue to run until the day on which the convicted person receives a notice given,—
(a) in the case of a protected prisoner of war—by an officer in the Armed Forces; or
(b) in the case of a protected internee—by or on behalf of the governor or other person in charge
of the prison or place in which he is confined,
that the protecting power has been notified of his conviction and sentence, and for such further time as
would have been within the time allowed if the conviction or sentence had taken place or been
pronounced on that day.
(2) Where, after an appeal against the conviction or sentence by a court of a protected prisoner of war
or a protected internee has been decided, the sentence remains a sentence of death, or remains or has
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become a sentence of imprisonment for a term of two years or more, any time allowed in relation to a
further appeal in respect of the conviction or sentence as confirmed or varied upon the previous appeal
shall be deemed to continue to run until the day on which the convicted person receives a notice given by
a person referred to in clause (a) or clause (b) of the last preceding sub-section, as the case may require,
that the protecting power has been notified of the decision of the court upon the previous appeal, and for
such further time as would have been within the time allowed if that decision had been pronounced on
that day.
(3) Where sub-section (1) applies in relation to a convicted person, then, unless the court otherwise
orders, an order of the court relating to the restitution of property or the payment of compensation to an
aggrieved person shall not take effect, and a provision of any law relating to the revesting of property on
conviction shall not take effect in relation to the conviction, while an appeal by the convicted person
against his conviction or sentence is possible without an extension of time other than the extension
provided by the last preceding sub-section.
(4) Sub-sections (1), (2) and (3) shall not apply in relation to an appeal against a conviction or
sentence, or against the decision of a court upon a previous appeal, if, at the time of the conviction or
sentence, or of the decision of the court upon the previous appeal, as the case may be, there is no
protecting power.
11. Reduction of sentence and custody of protected prisoners of war and internees.—(1) When a
protected prisoner of war or a protected internee is convicted of an offence, the court shall,—
(a) in fixing a term of imprisonment in respect of the offence, deduct from the term which it
would otherwise have fixed any period during which the convicted person has been in custody in
connection with that offence before the trial; and
(b) in fixing any penalty other than imprisonment in respect of the offence, take that period of
custody into account.
(2) Where the Central Government is satisfied that a protected prisoner of war accused of an offence
has been in custody in connection with that offence, while awaiting trial, in a place other than a camp or
place in which protected prisoners of war are detained, for an aggregate period of not less than three
months, the Central Government may direct that the prisoner shall be transferred from that custody to the
custody of an officer of the Armed Forces of the Union and thereafter remain in military custody at a
camp or place in which protected prisoners of war are detained, and be brought before the court at the
time appointed for his trial.