171. Provision for avoiding delay after arrest

The allegations against any person subject to military law who is under arrest must be duly investigated without unnecessary delay and as soon as may be either proceedings are to be taken for punishing the person’s offence or he or she must be released from arrest.

Whenever any person subject to military law has been arrested and remains under arrest for a period longer than 8 days before being brought before a subordinate military court or a disciplinary officer for trial, a special report on the necessity for further delay must be made to the person and in such manner as may be prescribed.

A similar report as mentioned in subsection (2) must be made to the like person in the like manner every 8 days until he or she is brought before a subordinate military court for trial or has been dealt with summarily by a disciplinary officer or he or she is released from arrest.

Subsections (2) and (3) do not apply where the accused is on active service.