129. Offences of witnesses and others. -When any court-martial is of opinion that there is ground for inquiring into any offence specified in sections 59 and 60 of the Act and committed before it or brought under its notice in the course of its proceedings, or into any act done before it or brought under its notice, in the course of its proceedings which would if done by a person subject to the Act, have constituted such an offence, such court-martial may proceed as follows, that is to say-
(a) If the person who appears to have committed the offence is subject to the Act, the court may bring his conduct to the notice of the proper air force authority and may also order him to be placed in air force custody with a view to his punishment by an officer exercising authority under section 82 or section 86 or to his trial by court-martial;
(b) If the person who appears to have done the act is subject to the Army Act, 1950 or the Navy Act, 1957, the court may bring his conduct to the notice of the proper military or naval authority;
(c) If the person who appears to have done the act is not subject to military, naval or air force law, than in the case of acts which would, if done by a person subject to the Act, have constituted an offence under clause (a), clause (b), clause (c) or clause (d) of section 59 the officer who summoned the witness to appear or the presiding officer of the court-martial, as the case may be, may forward a written complaint to the nearest Magistrate of the first class having jurisdiction, and in the case of acts which would, if done as aforesaid, have constituted an offence under clause (e) of section 59 or under section 60, the court, after making any preliminary inquiry that may be necessary, may send the case to the nearest Magistrate of the first class having jurisdiction for inquiry or trial in accordance with section 476 of the Code of Criminal Procedure, 1898 (8 of 1898).
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