Central · Act 47 of 1986

Section 78 — Power of criminal court to require delivery of offender.

The National Security Guard Act, 1986

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(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.

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Next · Section 79Presiding officer. →All sections / सभी धाराएँThe National Security Guard Act, 1986 →
More sections of this actSection 1 · Short title and commencement.Section 2 · Definitions.Section 3 · Persons subject to this Act.Section 4 · Constitution of the Security Guard.Section 5 · Control, direction, etc.Section 6 · Liability for service outside India.Section 7 · Resignation and withdrawal from the post.Section 8 · Tenure of service under the Act.
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India Code, Government of India. Text fetched 26 Oct 2026. Source metadata reports last modification: 2019-12-02. Check the linked official text and subsequent notifications when applying a provision.

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