73. (1) Any person subject to this Act who is charged with any offence may be taken into military custody. (2) Any such person may be ordered into military custody by any superior officer, or except in the case of a person subject to this Act as an officer, by any member of the military, naval or Air force police. (3) An officer may order into military custody any officer, though he may be of a higher rank, who is engaged in a quarrel, affray or disorder.

74. Every commanding officer shall 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 due regard to the public service. Every case of a person detained in custody beyond a period of forty-eight hours and the reason therefor shall be reported by the commanding officer to the officer to whom application is to be made to convene a general or district court martial for the trial of the person charged: Provided that in reckoning the period of forty-eight hours all public holidays shall be excluded.

75. In every case where any such person as is mentioned in section 73 and as is not on active service remains in custody for a longer period than eight days, without a court martial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed and a similar report shall be forwarded at intervals of eight days until a court martial is assembled or such person is released from custody.

76. Whenever any person subject to this Act, who is accused of any 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 military custody of such person upon receipt of a written application to that effect signed by that person's commanding officer.

77. (1) Whenever any person subject to this Act deserts, his commanding officer shall give written information of the desertion to such civil authorities as in his opinion may be able to afford assistance towards the capture of the deserter. 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 military custody. (2) It shall be lawful for any police officer to arrest without warrant any person whom he reasonably believes to be subject to this Act, and to be a deserter or absentee without leave, and to bring him without delay before the nearest magistrate, to be dealt with according to law.

78. (1) When any person subject to this Act has been absent from his duty without due authority for a period of sixty days, a court of inquiry shall, as soon as practicable, be assembled and such court shall, upon 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 his 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 the commanding officer of the corps or unit to which the person belongs shall enter in the court martial book of the corps or unit a record of the declaration. (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.

¹[78A. A court of inquiry may also be assembled in the prescribed manner to inquire into any matter which may be referred to it.]

79. (1) For the prompt and instant repression of irregularities and offences committed, provost marshals with assistants may be appointed by the Chief of Army Staff, or by any prescribed officer. (2) The duties of a provost marshal so appointed shall be to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons subject to this Act. (3) A provost marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded by a court martial, or by an officer exercising authority under section 23 but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than by or under the orders of an officer.(4) For the purposes of sub-sections (2) and (3) “provost marshal” shall be deemed to include an assistant provost marshal appointed under this Act, or a provost marshal or any of his assistants appointed under ²[* * *] the Air Force Act, 1953, or the ³[Navy Ordinance, 1961].