(1) Where an offence is triable both by a criminal court and a Force Court, an officer referred to in section 92 may,—
(i) (a) where the offence is committed by the accused in the course of the performance of his duty as a member of the Force; or
(b) where the offence is committed in relation to property belonging to the Government or the Force, or a person subject to the Act; or
(c) where the offence is committed against a person subject to the Act, direct that any person subject to the Act who is alleged to have committed such an offence, be tried by a Force Court; and
(ii) in any other case, decide whether or not it would be necessary in the interests of discipline to claim for trial by a Force Court any person subject to the Act who is alleged to have committed such an offence.
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(2) In taking a decision to claim an offender for trial by a Force Court an officer referred to in section 92 may take into account all or any of the following factors, namely:-
(a) the offender is on active duty or has been warned for active duty and it is felt that he is trying to avoid such duty;
(b) the offender is a young person undergoing training the offence is not a serious one and the trial of the offender by a criminal court would materially affect his training;
(c) The offender can, in view of the nature of the case, be dealt with summarily under the Act.