199. Prescribed manner of custody and prescribed officer under sections 145 and 146. — (1) The prescribed officer for the purposes of section 146 shall be—
(a) In the case of trial by summary court-martial, the commanding officer of the Corps, Department or Detachment to which the accused person belongs, or any authority superior to the commanding officer,
(b) In the case of trial by any other court-martial, the convening officer or any authority superior to him.
(2) Where an officer who proposes to act as a prescribed officer under sub-rule (8) is under the command of the officer who has taken action in the case under sub-section (4) of section 145, he shall ordinarily obtain the approval of such officer before he acts; but if he is of opinion that military exigencies, or the necessities of discipline, render it impossible or inexpedient to obtain such approval, he may act without obtaining such approval but shall report his action and the reasons therefor to such officer.
(3) For the purposes of sub-section (4) of section 145 the manner in which an accused person shall be kept in custody shall be as follows:
The accused shall be confined in such manner as may, in the opinion of the proper military authority, be best calculated to keep him securely without unnecessary harshness, as he is not to be considered as a criminal but as a person labouring under a disease.
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