LawgistAll Acts
Army Act
An Act to consolidate and amend the law relating to the Government of the regular Army.
| Act Id | 195046 |
| Act Number | 46 |
| Enactment Date | 1950-05-20 |
| Act Year | 1950 |
| Ministry | Ministry of Defence |
| Enforcement Date | 22-07-1950 |
- PRELIMINARY
- SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES
- 4 Application of Act to certain forces under Central Government
- 5 [Omitted.]
- 6 Special provision as to rank in certain cases
- 7 Commanding officer of persons subject to military law under clause (i) of section 2
- 8 Officers exercising powers in certain cases
- 9 Power to declare persons to be on active service
- COMMISSION, APPOINTMENT AND ENROLMENT
- CONDITIONS OF SERVICE
- 18 Tenure of service under the Act
- 19 Termination of service by Central Government
- 20 Dismissal, removal or reduction by the Chief of the Army Staff and by other officers
- 21 Power to modify certain fundamental rights in their application to persons subject to this Act
- 22 Retirement, release or discharge
- 23 Certificate on termination of service
- 24 Discharge or dismissal when out of India
- SERVICE PRIVILEGES
- 25 Authorised deductions only to be made from pay
- 26 Remedy of aggrieved persons other than officers
- 27 Remedy of aggrieved officers
- 28 Immunity from attachment
- 29 Immunity from arrest for debt
- 30 Immunity of persons attending courts-martial from arrest
- 31 Privileges of reservists
- 32 Priority in respect of army personnel‟s litigation
- 33 Saving of rights and privileges under other laws
- OFFENCES
- 34 Offences in relation to the enemy and punishable with death
- 35 Offences in relation to the enemy and not punishable with death
- 36 Offences punishable more severely on active service than at other times
- 37 Mutiny
- 38 Desertion and aiding desertion
- 39 Absence without leave
- 40 Striking or threatening superior officers
- 41 Disobedience to superior officer
- 42 Insubordination and obstruction
- 43 Fraudulent enrolment
- 44 False answers on enrolment
- 45 Unbecoming conduct
- 46 Certain forms of disgraceful conduct
- 47 Ill-treating a subordinate
- 48 Intoxication
- 49 Permitting escape of person in custody
- 50 Irregularity in connection with arrest or confinement
- 51 Escape from custody
- 52 Offences in respect of property
- 53 Extortion and corruption
- 54 Making away with equipment
- 55 Injury to property
- 56 False accusations
- 57 Falsifying official documents and false declaration
- 58 Signing in blank and failure to report
- 59 Offences relating to courts-martial
- 60 False evidence
- 61 Unlawful detention of pay
- 62 Offences in relation to aircraft and flying
- 63 Violation of good order and discipline
- 64 Miscellaneous offences
- 65 Attempt
- 66 Abetment of offences that have been committed
- 67 Abetment of offences punishable with death and not committed
- 68 Abetment of offences punishable with imprisonment and not committed
- 69 Civil offences
- 70 Civil offence not triable by court-martial
- PUNISHMENTS
- 71 Punishments awardable by courts-martial
- 72 Alternative punishments awardable by court-martial
- 73 Combination of punishments
- 74 Cashiering of officers
- 75 [Omitted.]
- 76 [Omitted.]
- 77 Result of certain punishments in the case of a warrant officer or non-commissioned officer
- 78 Retention in the ranks of a person convicted on active service
- 79 Punishments otherwise than by court-martial
- 80 Punishment of persons other than officers, junior commissioned officers and warrant officers
- 81 Limit of punishments under section 80
- 82 Punishments in addition to those specified in section 80
- 83 Punishment of officers, junior commissioned officers and warrant officers by brigade commanders and others
- 84 Punishment of officers, junior commissioned officers and warrant officers by area commanders and others
- 85 Punishment of junior commissioned officers
- 86 Transmission of proceedings
- 87 Review of proceedings
- 88 Superior military authority
- 89 Collective fines
- PENAL DEDUCTIONS
- 90 Deductions from pay and allowances of officers
- 91 Deductions from pay and allowances of persons other than officers
- 92 Computation of time of absence or custody
- 93 Pay and allowances during trial
- 94 Limit of certain deductions
- 95 Deduction from public money due to a person
- 96 Pay and allowances of prisoner of war during inquiry into his conduct
- 97 Remission of deductions
- 98 Provision for dependants of prisoner of war from remitted deductions
- 99 Provision for dependants of prisoner war from his pay and allowances
- 100 Period during which a person is deemed to be a prisoner of war
- ARREST AND PROCEEDINGS BEFORE TRIAL
- COURTS-MARTIAL
- 108 Kinds of courts-martial
- 109 Power to convene a general court-martial
- 110 Power to convene a district court-martial
- 111 Contents of warrants issued under sections 109 and 110
- 112 Power to convene a summary general court-martial
- 113 Composition of general court-martial
- 114 Composition of district court-martial
- 115 Composition of summary general court-martial
- 116 Summary court-martial
- 117 Dissolution of courts-martial
- 118 Powers of general and summary general courts-martial
- 119 Powers of district courts-martial
- 120 Powers of summary courts-martial
- 121 Prohibition of second trial
- 122 Period of limitation for trial
- 123 Liability of offender who ceases to be subject to Act
- 124 Place of trial
- 125 Choice between criminal court and court-martial
- 126 Power of criminal court to require delivery of offender
- 127 [Omitted.]
- PROCEDURE OF COURTS-MARTIAL
- 128 Presiding officer
- 129 Judge advocate
- 130 Challenges
- 131 Oaths of member, judge advocate and witness
- 132 Voting by members
- 133 General rule as to evidence
- 134 Judicial notice
- 135 Summoning witnesses
- 136 Documents exempted from production
- 137 Commissions for examination of witnesses
- 138 Examination of a witness on commission
- 139 Conviction of offence not charged
- 140 Presumption as to signatures
- 141 Enrolment paper
- 142 Presumption as to certain documents
- 143 Reference by accused to Government officer
- 144 Evidence of previous convictions and general character
- 145 Lunacy of accused
- 146 Subsequent fitness of lunatic accused for trial
- 147 Transmission to Central Government of orders under section 146
- 148 Release of lunatic accused
- 149 Delivery of lunatic accused to relatives
- 150 Order for custody and disposal of property pending trial
- 151 Order for disposal of property regarding which offence is committed
- 152 Powers of court-martial in relation to proceedings under this Act
- CONFIRMATION AND REVISION
- 153 Finding and sentence not valid, unless confirmed
- 154 Power to confirm finding and sentence of general court-martial
- 155 Power to confirm finding and sentence of district court-martial
- 156 Limitation of powers of confirming authority
- 157 Power to confirm finding and sentence of summary general court-martial
- 158 Power of confirming authority to mitigate, remit or commute sentences
- 159 Confirming of findings and sentences on board a ship
- 160 Revision of finding or sentence
- 161 Finding and sentence of a summary court-martial
- 162 Transmission of proceedings of summary court-martial
- 163 Alteration of finding or sentence in certain cases
- 164 Remedy against order, finding or sentence of court-martial
- 165 Annulment of proceedings
- EXECUTION OF SENTENCES
- 166 Form of sentence of death
- 167 Commencement of sentence of transportation or imprisonment
- 168 Execution of sentence of transportation
- 169 Execution of sentence of imprisonment
- 169A Period of custody undergone by the officer or person to be set off against the imprisonment
- 170 Temporary custody of offender
- 171 Execution of sentence of imprisonment in special cases
- 172 Conveyance of prisoner from place to place
- 173 Communication of certain orders to prison officers
- 174 Execution of sentence of fine
- 175 Establishment and regulation of military prisons
- 176 Informality or error in the order or warrant
- 177 Power to make rules in respect of prisons and prisoners
- 178 Restriction of rulemaking power in regard to corporal punishment
- PARDONS, REMISSIONS AND SUSPENSIONS
- 179 Pardon and remission
- 180 Cancellation of conditional pardon, release on parole or remission
- 181 Reduction of warrant officer or non-commissioned officer
- 182 Suspension of sentence of transportation or imprisonment
- 183 Orders pending suspension
- 184 Release on suspension
- 185 Computation of period of suspension
- 186 Order after suspension
- 187 Reconsideration of case after suspension
- 188 Fresh sentences after suspension
- 189 Scope of power of suspension
- 190 Effect of suspension and remission on dismissal
- RULES
