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The Army Act
`1950
An Act to consolidate and amend the law relating to the Government of the regular Army.
List of Chapters & Sections
PRELIMINARY
SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES
COMMISSION, APPOINTMENT AND ENROLMENT
CONDITIONS OF SERVICE
SERVICE PRIVILEGES
OFFENCES
PUNISHMENTS
PENAL DEDUCTIONS
ARREST AND PROCEEDINGS BEFORE TRIAL
COURTS-MARTIAL
PROCEDURE OF COURTS-MARTIAL
CONFIRMATION AND REVISION
EXECUTION OF SENTENCES
PARDONS, REMISSIONS AND SUSPENSIONS
RULES
PRELIMINARY
1
Short title and commencement
2
Persons subject to this Act
3
Definitions
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
10
Commission and appointment
11
Ineligibility of aliens for enrolment
12
Ineligibility of females for enrolment or employment
13
Procedure before enrolling officer
14
Mode of enrolment
15
Validity of enrolment
16
Persons to be attested
17
Mode of attestation
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
101
Custody of offenders
102
Duty of commanding officer in regard to detention
103
Interval between committal and court-martial
104
Arrest by civil authorities
105
Capture of deserters
106
Inquiry into absence without leave
107
Provost-marshals
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
191
Power to make rules
192
Power to make regulations
193
Publication of rules and regulations in Gazette
193A
Rules and regulations to be laid before Parliament
194
[Repealed.]
195
[Omitted.]
196
[Omitted.]