Bare Acts

The Army Act, 1950

An Act to consolidate and amend the law relating to the Government of the regular Army.

सेना अधिनियम, 1950

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Act Details

Act Number:

Act Year:

1950

Location:

Enactment Date:

5/20/1950

Enforcement Date:

22-07-1950

Ministry:

Ministry of Defence

Department:

Department of Military Affairs

All Section List

PRELIMINARY

Section 1 to Section 3

Section 1

Short title and commencement.

Section 2

Persons subject to this Act.

Section 3

Definitions.

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES

Section 4 to Section 9

Section 4

Application of Act to certain forces under Central Government.

Section 5

[Omitted.].

Section 6

Special provision as to rank in certain cases.

Section 7

Commanding officer of persons subject to military law under clause (i) of section 2.

Section 8

Officers exercising powers in certain cases.

Section 9

Power to declare persons to be on active service.

COMMISSION, APPOINTMENT AND ENROLMENT

Section 10 to Section 17

Section 10

Commission and appointment.

Section 11

Ineligibility of aliens for enrolment.

Section 12

Ineligibility of females for enrolment or employment.

Section 13

Procedure before enrolling officer.

Section 14

Mode of enrolment.

Section 15

Validity of enrolment.

Section 16

Persons to be attested.

Section 17

Mode of attestation.

CONDITIONS OF SERVICE

Section 18 to Section 24

Section 18

Tenure of service under the Act.

Section 19

Termination of service by Central Government.

Section 20

Dismissal, removal or reduction by the Chief of the Army Staff and by other officers.

Section 21

Power to modify certain fundamental rights in their application to persons subject to this Act.

Section 22

Retirement, release or discharge.

Section 23

Certificate on termination of service.

Section 24

Discharge or dismissal when out of India.

SERVICE PRIVILEGES

Section 25 to Section 33

Section 25

Authorised deductions only to be made from pay.

Section 26

Remedy of aggrieved persons other than officers.

Section 27

Remedy of aggrieved officers.

Section 28

Immunity from attachment.

Section 29

Immunity from arrest for debt.

Section 30

Immunity of persons attending courts-martial from arrest.

Section 31

Privileges of reservists.

Section 32

Priority in respect of army personnel?s litigation.

Section 33

Saving of rights and privileges under other laws.

OFFENCES

Section 34 to Section 70

Section 34

Offences in relation to the enemy and punishable with death.

Section 35

Offences in relation to the enemy and not punishable with death.

Section 36

Offences punishable more severely on active service than at other times.

Section 37

Mutiny.

Section 38

Desertion and aiding desertion.

Section 39

Absence without leave.

Section 40

Striking or threatening superior officers.

Section 41

Disobedience to superior officer.

Section 42

Insubordination and obstruction.

Section 43

Fraudulent enrolment.

Section 44

False answers on enrolment.

Section 45

Unbecoming conduct.

Section 46

Certain forms of disgraceful conduct.

Section 47

Ill-treating a subordinate.

Section 48

Intoxication.

Section 49

Permitting escape of person in custody.

Section 50

Irregularity in connection with arrest or confinement.

Section 51

Escape from custody.

Section 52

Offences in respect of property.

Section 53

Extortion and corruption.

Section 54

Making away with equipment.

Section 55

Injury to property.

Section 56

False accusations.

Section 57

Falsifying official documents and false declaration.

Section 58

Signing in blank and failure to report.

Section 59

Offences relating to courts-martial.

Section 60

False evidence.

Section 61

Unlawful detention of pay.

Section 62

Offences in relation to aircraft and flying.

Section 63

Violation of good order and discipline.

Section 64

Miscellaneous offences.

Section 65

Attempt.

Section 66

Abetment of offences that have been committed.

Section 67

Abetment of offences punishable with death and not committed.

Section 68

Abetment of offences punishable with imprisonment and not committed.

Section 69

Civil offences.

Section 70

Civil offence not triable by court-martial.

PUNISHMENTS

Section 71 to Section 89

Section 71

Punishments awardable by courts-martial.

Section 72

Alternative punishments awardable by court-martial.

Section 73

Combination of punishments.

Section 74

Cashiering of officers.

Section 75

[Omitted.].

Section 76

[Omitted.].

Section 77

Result of certain punishments in the case of a warrant officer or non-commissioned officer.

Section 78

Retention in the ranks of a person convicted on active service.

Section 79

Punishments otherwise than by court-martial.

Section 80

Punishment of persons other than officers, junior commissioned officers and warrant officers.

Section 81

Limit of punishments under section 80.

Section 82

Punishments in addition to those specified in section 80.

Section 83

Punishment of officers, junior commissioned officers and warrant officers by brigade commanders and others.

Section 84

Punishment of officers, junior commissioned officers and warrant officers by area commanders and others.

Section 85

Punishment of junior commissioned officers.

Section 86

Transmission of proceedings.

Section 87

Review of proceedings.

Section 88

Superior military authority.

Section 89

Collective fines.

PENAL DEDUCTIONS

Section 90 to Section 100

Section 90

Deductions from pay and allowances of officers.

Section 91

Deductions from pay and allowances of persons other than officers.

Section 92

Computation of time of absence or custody.

Section 93

Pay and allowances during trial.

Section 94

Limit of certain deductions.

Section 95

Deduction from public money due to a person.

Section 96

Pay and allowances of prisoner of war during inquiry into his conduct.

Section 97

Remission of deductions.

Section 98

Provision for dependants of prisoner of war from remitted deductions.

Section 99

Provision for dependants of prisoner war from his pay and allowances.

Section 100

Period during which a person is deemed to be a prisoner of war.

ARREST AND PROCEEDINGS BEFORE TRIAL

Section 101 to Section 107

Section 101

Custody of offenders.

Section 102

Duty of commanding officer in regard to detention.

Section 103

Interval between committal and court-martial.

Section 104

Arrest by civil authorities.

Section 105

Capture of deserters.

Section 106

Inquiry into absence without leave.

Section 107

Provost-marshals.

COURTS-MARTIAL

Section 108 to Section 127

Section 108

Kinds of courts-martial.

Section 109

Power to convene a general court-martial.

Section 110

Power to convene a district court-martial.

Section 111

Contents of warrants issued under sections 109 and 110.

Section 112

Power to convene a summary general court-martial.

Section 113

Composition of general court-martial.

Section 114

Composition of district court-martial.

Section 115

Composition of summary general court-martial.

Section 116

Summary court-martial.

Section 117

Dissolution of courts-martial.

Section 118

Powers of general and summary general courts-martial.

Section 119

Powers of district courts-martial.

Section 120

Powers of summary courts-martial.

Section 121

Prohibition of second trial.

Section 122

Period of limitation for trial.

Section 123

Liability of offender who ceases to be subject to Act.

Section 124

Place of trial.

Section 125

Choice between criminal court and court-martial.

Section 126

Power of criminal court to require delivery of offender.

Section 127

[Omitted.].

PROCEDURE OF COURTS-MARTIAL

Section 128 to Section 152

Section 128

Presiding officer.

Section 129

Judge advocate.

Section 130

Challenges.

Section 131

Oaths of member, judge advocate and witness.

Section 132

Voting by members.

Section 133

General rule as to evidence.

Section 134

Judicial notice.

Section 135

Summoning witnesses.

Section 136

Documents exempted from production.

Section 137

Commissions for examination of witnesses.

Section 138

Examination of a witness on commission.

Section 139

Conviction of offence not charged.

Section 140

Presumption as to signatures.

Section 141

Enrolment paper.

Section 142

Presumption as to certain documents.

Section 143

Reference by accused to Government officer.

Section 144

Evidence of previous convictions and general character.

Section 145

Lunacy of accused.

Section 146

Subsequent fitness of lunatic accused for trial.

Section 147

Transmission to Central Government of orders under section 146.

Section 148

Release of lunatic accused.

Section 149

Delivery of lunatic accused to relatives.

Section 150

Order for custody and disposal of property pending trial.

Section 151

Order for disposal of property regarding which offence is committed.

Section 152

Powers of court-martial in relation to proceedings under this Act.

CONFIRMATION AND REVISION

Section 153 to Section 165

Section 153

Finding and sentence not valid, unless confirmed.

Section 154

Power to confirm finding and sentence of general court-martial.

Section 155

Power to confirm finding and sentence of district court-martial.

Section 156

Limitation of powers of confirming authority.

Section 157

Power to confirm finding and sentence of summary general court-martial.

Section 158

Power of confirming authority to mitigate, remit or commute sentences.

Section 159

Confirming of findings and sentences on board a ship.

Section 160

Revision of finding or sentence.

Section 161

Finding and sentence of a summary court-martial.

Section 162

Transmission of proceedings of summary court-martial.

Section 163

Alteration of finding or sentence in certain cases.

Section 164

Remedy against order, finding or sentence of court-martial.

Section 165

Annulment of proceedings.

EXECUTION OF SENTENCES

Section 166 to Section 178

Section 166

Form of sentence of death.

Section 167

Commencement of sentence of transportation or imprisonment.

Section 168

Execution of sentence of transportation.

Section 169

Execution of sentence of imprisonment.

Section 169A

Period of custody undergone by the officer or person to be set off against the imprisonment.

Section 170

Temporary custody of offender.

Section 171

Execution of sentence of imprisonment in special cases.

Section 172

Conveyance of prisoner from place to place.

Section 173

Communication of certain orders to prison officers.

Section 174

Execution of sentence of fine.

Section 175

Establishment and regulation of military prisons.

Section 176

Informality or error in the order or warrant.

Section 177

Power to make rules in respect of prisons and prisoners.

Section 178

Restriction of rulemaking power in regard to corporal punishment.

PARDONS, REMISSIONS AND SUSPENSIONS

Section 179 to Section 190

Section 179

Pardon and remission.

Section 180

Cancellation of conditional pardon, release on parole or remission.

Section 181

Reduction of warrant officer or non-commissioned officer.

Section 182

Suspension of sentence of transportation or imprisonment.

Section 183

Orders pending suspension.

Section 184

Release on suspension.

Section 185

Computation of period of suspension.

Section 186

Order after suspension.

Section 187

Reconsideration of case after suspension.

Section 188

Fresh sentences after suspension.

Section 189

Scope of power of suspension.

Section 190

Effect of suspension and remission on dismissal.

RULES

Section 191 to Section 196

Section 191

Power to make rules.

Section 192

Power to make regulations.

Section 193

Publication of rules and regulations in Gazette.

Section 193A

Rules and regulations to be laid before Parliament.

Section 194

[Repealed.].

Section 195

[Omitted.].

Section 196

[Omitted.].