THE AIR FORCE ACT, 1950 [PART I]

An Act to consolidate and amend the law relating to the government of the Air Force.

BE it enacted by Parliament as follows,-

CHAPTER IPRELIMINARY

 

1. Short title and commencement. (1) This Act may be called the
Air Force Act, 1950.

(2) It shall come into force on such date2 as the Central
Government may, by notification in the Official Gazette, appoint in this behalf.

2.Persons subject to this Act.

2. Persons subject to this Act. The following persons shall be subject to this Act wherever they may be, namely: –

(a) officers and warrant officers of the Air Force;

(b) persons enrolled under this Act ;

3 (c) persons belonging to the Regular Air Force Reserve or the Air Defence Reserve or the Auxiliary Air Force, in the circumstances specified in section 26 of the Reserve and
Auxiliary Air Forces Act, 1952 ;] (62 of 1952.)

(d) persons not otherwise subject to air force law, who on active service, in camp, on the march, or at any frontier post specified by the Central Government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of the Air Force.

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1 The Act has been extended to Goa. Daman and Diu by Reg. 12 of
1962, s. 3 and Sch. to Dadra and Nagar Haveli(w.e.f. 1-7-1955) by Reg.
6 of 1963, s. 2 and Sch. I ; to Pondicherry (w.e.f. 1-10-1963) by
Reg. 7 of 1963, s. 3 and Sch. I.

and to the State of Sikkim vide Notification No. S.R.O. 25(E), dated 20-4-1976 (w.e.f. 1-5-1976).

2 22nd July, 1950, see Notification No. S.R.O. 124, dated 22nd
July, 1950, Gazette of India, Pt. II, See. 4, P. 87.3 Subs. by Act 62 of 1952, s. 35.———————————————————————-

148.3.Termination of application of the Act.

3. Termination of application of the Act. Every person subject to this Act under clauses (a) to (c) of section 2 shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the service.

4.Definitions.

4. Definitions. In this Act, unless the context otherwise requires,-

(i) “active service”, as applied to a person subject to this Act, means the time during which such person-

(a) is attached to, or forms part of, a force which is engaged in operations against an enemy, or

(b) is engaged in air force operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or

(c) is attached to, or forms part of, a force which is in military occupation of any foreign country ;

(ii) “aircraft” includes aeroplanes, balloons, kite balloons, airships, gliders or other machines for flying ;

(iii) “aircraft material” includes any engines, fittings, guns, gear, instruments or apparatus for use in connection with aircraft, and any of its components and accessories and petrol oil, and any other substance used for providing motive power for planes;

(iv) “Air Force” means officers and airmen who by their com-
mission, warrant, terms of enrolment or otherwise, are liable to render continuously for a term air force service to the
Union in every part of the world or any specified part of the world, including persons belonging to 1[any Air Force Reserve or the Auxiliary Air Force] when called out on permanent service ;

(v) “air force custody” means the arrest or confinement of a person according to the usages of the service and includes militarly or naval custody ;

(vi) “air force law” means the law enacted by this Act and the rules made thereunder and includes the usages of the service ;

(vii) “air force reward” includes any gratuity or annuity for long service or good conduct, badge pay or pension, and any other air force pecuniary reward;

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1 Subs. by Act 62 of 1952, s.35, for “the Indian Air Force
Volunteer Reserve”.
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149.(viii)”airman” means any person subject to this Act other than an officer ;

(ix) “air officer” means any officer of the Air Force above the rank of group captain;

(x) “air signal” means any signal intended for the guidance of aircraft, whether given by flag, ground signal, light, wind indicator or in any manner whatsoever ;

(xi) “Chief Legal Adviser” means a person appointed as such by 1 [the Chief of the Air Staff] to give advice on matters relating to air force law and to perform such other duties of a legal character as may arise in connection therewith ;

(xii) “civil offence” means an offence which is triable by a criminal court ;

(xiii) “civil prison” means any jail or place used for the detention of any criminal prisoner under the Prisons Act,
1894, (9 of 1894.) or under any other law for the time being in force;

2[(xiv) “Chief of the Air Staff” means the officer commanding the Air Force;]

(xv) “commanding officer” used in relation to a person subject to this Act, means the officer for the time being in command of the unit or detachment to which such person belongs or is attached;

(xvi) “court-martial” means a court-martial held under this
Act;

(xvii)”criminal court” means a court of ordinary criminal justice in any part of India 3 * * * ;

(xvii) “enemy ” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to air force law to act ;

(xix) “the force” means the regular Army, Navy and Air Force or any part of any one or more of them;

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1 Subs. by Act 19 of 1955, s. 2 and Sch.
2 Subs. by s. 2 and Sch., ibid., for the former clause.

3 The words “other than the State of Jammu and Kashmir” omitted by Act 13 of 1975, s. 2 (w.e.f. 25-1-1975).

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150

(xx) “non-commissioned officer” means a person holding a non-commissioned rank or an acting non-commissioned rank in the Air-Force, and includes any person holding a non-
commissioned rank or an acting non-commissioned rank in 1[any
Air Force Reserve or the Auxiliary Air Force] when subject to this Act;

(xxi) ” notification ” means a notification published in the
Official Gazette ;

(xxii) “offence” means any act or omission punishable under this Act, and includes a civil offence, as hereinbefore defined;

(xxiii) “officer” means a person commissioned, gazetted or in pay as an officer in the Air Force, and includes-

(a) an officer of 1[any Air Force Reserve or the
Auxiliary Air Force who is for the time being subject to this Act;

(b) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the regular Army or the Navy,

but does not include a junior commissioned officer, warrant officer, petty officer or non-commissioned officer;

(xxiv) ” prescribed ” means prescribed by rules made under this Act;

(xxv) ” provost-marshal ” means a person appointed as such under section 108 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf ;

(xxvi) ” regulation ” includes a regulation made under this Act;

(xxvii) ” superior officer “, when used in relation to a person subject to this Act, includes a warrant officer and a noncommissioned officer, and as regards persons serving under such conditions as may be prescribed, an officer, junior commissioned officer, warrant officer, petty officer and non-
commissioned officer of the regular Army or the Navy;

(xxviii) “unit” includes-

(a) any body of officers and. airmen for which a separate authorised establishment exists

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1Subs. by Act 62 of 1952, s. 35 for “the Indian Air Force
Volunteer Reserve”.

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150A

(b) any separate body of persons subject to this Act employed on any service and not attached to a unit as aforesaid;

(c) any other separate body of persons composed wholly or partly of persons subject to this Act, and specified as a unit by the Central Government;

(xxix) ” warrant officer ” means a person appointed, gazetted or in pay as a warrant officer of the Air Force and includes an acting warrant officer, a master warrant officer, and a warrant officer of 1[any Air Force Reserve or the
Auxiliary Air Force] who is for the time being subject to this Act ;

(xxx) 2[all words (except the word “India”)] and expressions used herein and defined in the Indian Penal Code ( 45 of
1860.) and not hereinbefore defined, shall be deemed to have the meanings respectively assigned to them by that Code

CHAPTER IISPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES

 


5. Application of Act to certain forces under the Central
Government. (1) The Central Government may, by notification, apply, with or without modifications, all or any of the provisions of this
Act to any force raised and maintained in India and suspend the operation

 

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1 Subs. by Act 62 of 1952, s. 35, for “the Indian Air Force
Volunteer Reserve”.

2 Subs. by Act 13 of 1975, s. 2, for “all words” (w.e.f.25-1-
1975).

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151.
of any other enactment for the time being applicable to the said force.

(2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the Air Force the same or equivalent rank as the aforesaid persons hold for the time being in the said force.

(3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by, or are in the service of, or are followers of, or accompany any portion of the said force as they have effect in respect of persons subject to this Act under clause (d) of section 2.(4) While any of the provisions of this Act apply to the said force, the Central Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.

6.Special provisions as to rank in certain cases.

6. Special provisions as to rank in certain cases. (1) The
Central Government may, by notification, direct that any persons or class of persons subject to this Act under clause (d) of section 2, shall be so subject as officers, warrant officers or non-commissioned officers, and may authorise any officer to give a like direction and to cancel such direction.

(2) All persons subject to this Act other than officers, warrant officers and non-commissioned officers shall, if they are not persons in respect of whom notification or direction under sub-section (1) is in force, be deemed to be of rank inferior to that of a non-commis-
sioned officer.

7.Commanding officer of persons subject to air force law under clause(d) of section 2.7. Commanding officer of persons subject to air force law under clause (d) of section 2. (1) Every person subject to this Act, under clause (d) of section 2, shall, for the purposes of this Act, be deemed to be under the commanding officer of the unit, or detachment, if any, to which he is attached, and if he is not so attached under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person may for the time being be serving, or of any other prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the force.

(2) An officer commanding a force shall not place a person subject to this Act under clause (d) of section 2 under the command of an officer of official rank inferior to that of such person if there is present at the place where such person is any officer of higher rank under whose command he can be placed.

152.8.Officers exercising powers in certain cases.

8. Officers exercising powers in certain cases. (1) Whenever persons subject to this Act are serving under an officer commanding any air force formation not in this section specifically named, and being, in the opinion of the Central Government, not less than a squadron, the said Government may prescribe the officer by whom the powers which, under this Act, may be exercised by air officers in charge of commands, and officers commanding groups, wings and squadrons shall, as regards such persons, be exercised.

(2) The Central Government may confer such powers either absolutely, or subject to such restrictions, reservations, exceptions and conditions as it may think fit.

9. Power to declare persons to be on active service.
Notwithstanding anything contained in clause (i) of section 4, the
Central Government may, by notification, declare that any person or class of persons subject to this Act shall, with reference to any area in which they may be serving or with reference to any provision of this Act or of any other law for the time being in force, be deemed to be on active service within the meaning of this Act.

CHAPTER IIICOMMISSION, APPOINTMENT AND ENROLMENT

 

10. Commission and appointment. The President may grant, to such person as he thinks fit a commission as an officer or appoint any person as a warrant officer of the Air Force.

11.Ineligibility of aliens for enrolment.

11. Ineligibility of aliens for enrolment. No person who is not a citizen of India shall, except with the consent of the Central
Government signified in writing, be enrolled in the Air Force:

Provided that nothing contained in this section shall bar the enrolment of the subjects of Nepal in the Air Force.

12.Ineligibility of females for enrolment or employment.

12. Ineligibility of females for enrolment or employment. No female shall be eligible for enrolment or employment in the Air Force, except in such corps, department, branch or other body forming part of, or attached to any portion of, the Air Force as the Central
Government may, by notification, specify in this behalf :

Provided that nothing contained in this section shall affect the provisions of any law for the time being in force providing for the raising and maintenance of any service auxiliary to the Air Force or any branch thereof in which females are eligible for enrolment or employment.

13.Procedure before enrolling officer.

13. Procedure before enrolling officer. Upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of the service for which he is to be enrolled ;

153.and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after having cautioned him that if he makes a false answer to any such question he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question.

14.Mode of enrolment.

14. Mode of enrolment. If, after complying with the provisions of section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall also cause such person to sign the enrolment paper, and such person shall thereupon be deemed to be enrolled.

15.Validity of enrolment.

15. Validity of enrolment. Every person who has for the space of three months been in receipt of pay as a person enrolled under this
Act and been borne on the rolls of any unit shall be deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever ; and if any person, in receipt of such pay and borne on the rolls as aforesaid, claims his discharge before the expiry of three months from his enrolment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as an enrolled person under this Act or invalidate any proceedings, act or thing taken or done prior to his discharge.

16. Persons to be attested. The following persons shall be attested, namely:–

(a) all persons enrolled as combatants;

(b) all persons selected to hold a non-commissioned or acting non-commissioned rank; and

(c) all other persons subject to this Act as may be prescribed by the Central Government.

17.Mode of attestation.

17. Mode of attestation. (1) When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer in front of his unit or such portion thereof as may be present, or by any other prescribed person.

(2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will bear true allegiance to the Constitution of India as by law established, and that he will serve in the Air Force and go wherever he is ordered by land, sea of air, and that he will obey all commands of any officer set over him, even to the peril of his life.

(3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper, and authenticated by the signature of the officer administering the oath or affirmation.

CHAPTER IV.CONDITIONS OF SERVICE.

 

18. Tenure of service under the Act. Every person subject to this Act shall hold office during the pleasure of the President.

19.Termination of service by Central Government.

19. Termination of service by Central Government. Subject to the provisions of this Act and the rules and regulations made thereunder, the Central Government may dismiss, or remove from the service any person subject to this Act.

20.Dismissal, removal or reduction by Chief of the Air Staff and otherofficers.

20. Dismissal, removal or reduction by Chief of the Air Staff and other officers. (1) 1[The Chief of the Air Staff] may dismiss or remove from the service any person subject to this Act other than an officer.

(2) 1[The Chief of the Air Staff] I may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer.

(3) An officer having power not less than an air officer in charge of a command or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a warrant officer.

(4) On active service, an officer commanding the air forces in the field may reduce to a lower rank or to the ranks any warrant officer or non-commissioned officer under his command.

(5) 1[The Chief of the Air Staff] or an officer specified in sub-section (3) may reduce to a lower class in the ranks any airman other than a warrant officer or non-commissioned officer.

(6) The commanding officer of an acting non-commissioned officer may order him to revert to his substantive rank as a non-commissioned officer, or if he has no such substantive rank, to the ranks.

(7) The exercise of any powers under this section shall be subject to the other provisions contained in this Act and the rules and regulations made thereunder.

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

21. Power to modify certain fundamental rights in their application to persons subject to this Act. Subject to the provisions of any law for the time being in force relating to the Air Force or to any branch thereof, the Central Government may, by notification, make rules2 restricting in such manner and to such extent as may be specified the right of any person subject to this Act-

(a) to be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions or any society, institution or association, or any class of societies, institutions or associations ;

(b) to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes ;

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1 Subs. by Act 19 of 1955, s. 2 and Sch., for “the Commander-in-
Chief”.

2 See rules 3, 4 and 5 of the Air Force Act Rules, 1950 ; Gazette of India Extraordinary 1950, Pt, II, sec. 4, p. 7.———————————————————————–

155.(c) to communicate with the press or to publish or cause to be published any book, letter or other document.

22.Retirement, release or discharge.

22. Retirement, release or discharge. Any person subject to this Act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed.

23.Certificate on termination of service.

23. Certificate on termination of service. Every warrant officer, or enrolled person who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother tongue of such person and also in the English language setting forth-

(a) the authority terminating his service;

(b) the cause for such termination ; and

(c) the full period of his service in the Air Force.

24.Discharge or dismissal when out of India.

24. Discharge or dismissal when out of India. (1) Any person enrolled under this Act who is entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of India, and requests to be sent to India, shall, before being discharged, be sent to India with all convenient speed.

(2) Any person enrolled under this Act who is dismissed from the service and who, when he is so dismissed, is serving out of India, shall be sent to India with all convenient speed.

(3) Where any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with any other punishment, such other punishment, or, in the case of a sentence of transportation, imprisonment or detention, a portion of such sentence, may be inflicted before he is sent to India.

(4) For the purposes of this section, the word ” discharge ”
shall include release, and the word ” dismissal ” shall include removal.

CHAPTER VSERVICE PRIVILEGES

 

25.Authorised deductions only to be made from pay.

25. Authorised deductions only to be made from pay. The pay of every person subject to this Act due to him as such under any regulation, for the time being in force, shall be paid with. out any deduction other than the deductions authorised by or under this or any other Act.

26.Remedy of aggrieved airmen.

26. Remedy of aggrieved airmen. (1) Any airman who deems himself wronged by any superior or other officer may, if not attached to a unit or detachment, complain to the officer under whose command or orders he is serving; and may, if attached to a unit or detachment, complain to the officer commanding the same.

156.(2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved airman may complain to such officers next superior officer, and if he thinks himself wronged by such superior officer, he may complain to 1[the Chief of the Air Staff].

(3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant; or, when necessary, refer the complaint to superior authority.

(4) Every such complaint shall be preferred in such manner as may from time to time be specified by the proper authority.

(5) The Central Government may revise any decision by 1[the
Chief of the Air Staff] under sub-section (2), but subject-thereto, the decision of 1[the Chief of the Air Staff] shall be final.

27.Remedy of aggrieved officers.

27. Remedy of aggrieved officers. Any officer who deems himself wronged by his commanding officer or any superior officer and who on due application made to his commanding officer does not receive the redress to which he considers himself entitled, may complain to the
Central Government in such manner as may from time to time be specified by the proper authority.

28.Immunity from attachment.

28. Immunity from attachment. The arms, clothes, equipment, accoutrements or necessaries of any person subject to this Act shall not be seized, and the pay and allowances of any such person or any part thereof shall not be attached, by direction of any civil or revenue court or any revenue officer, in satisfaction of any decree or order enforceable against him.

29.Immunity from arrest for debt.

29. Immunity from arrest for debt. (1) No person subject to this
Act shall, so long as he belongs to the Forces, be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer.

(2) The judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section, and may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process.

(3) For the recovery of such costs no court-fee shall be payable by the complainant.

30.

Immunity of persons attending courts-martial from arrest.

30. Immunity of persons attending courts-martial from arrest.
(1) No presiding officer or member of a court-martial, no judge advocate, no party to any proceeding before a court-martial,

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1 Subs. by Act 19 of 1955, s.2 and Sch., for “the Commander-in-Chief”.
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157.or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a court-martial shall, while proceeding to, attending, or returning from, a court-martial, be liable to arrest under civil or revenue process.

(2) If any such person is arrested under any such process, he may be discharged by order of the court-martial.

31.Privileges of reservists.

31. Privileges of reservists. Every person belonging to 1[any
Air Force Reserve or the Auxiliary Air Force] shall, when called out for, or engaged in, or returning from, training or service, be entitled to all the privileges accorded by sections 28 and 29 to a person subject to this Act.

32.Priority in respect of Air Force personnels litigation.

32. Priority in respect of Air Force personnels litigation. (1)
On the presentation to any court by or on behalf of any person subject to this Act of a certificate, from the proper air force authority, of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for.

(2) The certificate from the proper air force authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for.

(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority for the hearing of his case.

(4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself.

(5) If in any case a question arises as to the proper air force authority qualified to grant such certificate as aforesaid, such question shall be at once referred by the court to an officer having power not less than a group commander or equivalent commander whose decision shall be final.

33.Saving of rights and privileges under other laws.

33. Saving of rights and privileges under other laws. The rights and privileges specified in the preceding sections of this
Chapter shall be in addition to any others conferred on persons subject to this Act or on members of the regular Army, Navy and Air
Force generally by any other law for the time being in force.

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1 Subs. by s. 35, Act 62 of 1952, for “the Air Force Reserve”.

CHAPTER VIOFFENCES

 

34. Offence in relation to the enemy and punishable with death.
Any person subject to this Act who commits any of the following offences, that is to say,-

(a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit the said act; or

(b) intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy ; or

(c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or

(d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union ; or

(e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies ;

(f) or treacherously or through cowardice sends a flag of truce to the enemy ; or

(g) in time of war or during any air force operation, intentionally occasions a false alarm in action, camp or quarters or spreads reports calculated to create alarm or despondency ; or

(h) in time of action leaves his commanding officer or his post, guard, piquet, patrol or party without being regularly relieved or without leave ; or

(i) having been made a prisoner of war, voluntarily serves with or aids the enemy ; or

(j) knowingly harbours or protects an enemy not being a prisoner ; or

(k) being a sentry in time of war or alarm, sleeps upon his post or is intoxicated ; or

(l) knowingly does any act calculated to imperil the success of the military, naval or air forces of India or any forces co-operating therewith or any part of such forces; or

159.(m) treacherously or shamefully causes the capture or destruction by the enemy of any aircraft belonging to the
Forces; or

(n) treacherously uses any false air signal or alters or interferes with any air signal ; or

(o) when ordered by his superior officer or otherwise under orders to carry out any air force operations, treacherously or shamefully fails to use his utmost exertions to carry such orders into effect ;

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.

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

35. Offences in relation to the enemy and not punishable with death. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) is taken prisoner, by want of due precaution, or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so ; or

(b) without due authority holds correspondence with or communicates intelligence to the enemy ; or having come by the knowledge of any such correspondence or communication wilfully omits to discover it immediately to his commanding or other superior officer ; or

(c) without due authority sends a Rag of truce to the enemy;
or

(d) negligently causes the capture or destruction by the enemy of any aircraft belonging to the Government ; or

(e) when ordered by his superior officer, or otherwise under orders to carry out any warlike operations in the air, negligently or through other default fails to use his utmost exertions to carry such orders into effect ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

36.Offences punishable more severely on active service than at othertimes.

36. Offences punishable more severely on active service than at other times. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) forces a safeguard, or forces or uses criminal force to a sentry ; or

(b) breaks into any house or other place in search of plunder or

(c) being a sentry sleeps upon his post, or is intoxicated
; or

160

(d) without orders from his superior officer leaves his guard, piquet, patrol or post ; or

(e) intentionally or through neglect occasions a false alarm in camp or quarters ; or spreads reports calculated to create unnecessary alarm or despondency ; or

(f) makes known the parole, watchword or countersign to any person not entitled to receive it ; or knowingly gives a parole, watchword or countersign different from what he received ; or

(g) without due authority alters or interferes with any air signal ;

shall, on conviction by court-martial,

if he commits any such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

if he commits any such offence when not on active service, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

37.Mutiny.

37. Mutiny. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) begins, incites, causes, or conspires with any other persons to cause, any mutiny in the military, naval or air forces of India or any forces co-operating therewith ; or

(b) joins in any such mutiny; or

(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same ; or

(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to commit such mutiny or any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer ; or

(e) endeavours to seduce any person in the military, naval or air forces of India from his duty or allegiance to the
Union;

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.

38.Desertion and aiding desertion.

38. Desertion and aiding desertion. (1) Any person subject to this Act who deserts or attempts to desert the service shall on conviction by court-martial,

if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and

161.if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

39.Absence without leave.

39. Absence without leave. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) absents himself without leave; or

(b) without sufficient cause overstays leave granted to him
; or

(c) being on leave of absence and having received information from proper authority that any unit or detachment, to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay ; or

(d) without sufficient cause fails to appear at the time fixed, at the parade or place appointed for exercise or duty
; or

(e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march ; or

(f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer ; or

(g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

40.

Striking or threatening superior officer.

40. Striking or threatening superior officer. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) uses criminal force to, or assaults his superior officer
; or

162.(b) uses threatening language to such officer ; or

(c) uses insubordinate language to such officer;

shall, on conviction by court-martial,

if such officer is at the time in the execution of his office or, if the offence is committed on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned ; and

in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned:

Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five years.

41.Disobedience to superior officer.

41. Disobedience to superior officer. (1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally or in writing or by signal or otherwise shall, on conviction by court-
martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who disobeys any lawful com-
mand given by his superior officer shall, on conviction by court-
martial,

if he commits such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned;
and

if he commits such offence when not on active service, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

42.Insubordination and obstruction.

42. Insubordination and obstruction. Any person subject to this
Act who commits any of the following offences, that is to say,-

(a) being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer ; or

(b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer or

163.(c) resists an escort whose duty it is to apprehend him or to have him in charge ; or

(d) breaks out of barracks, camp or quarters ; or

(e) neglects to obey any general, local or other order ; or

(f) impedes the provost-marshal or any person lawfully acting on his behalf or, when called upon, refuses to assist in the execution of his duty a provost-marshal or any person lawfully acting on his behalf ; or

(g) uses criminal force to or assaults any person bringing provisions or supplies to the Forces ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clauses (d) and (e) to two years, and in the case of the offences specified in the other clauses to ten years, or such less punishment as is in this Act mentioned.

43.Fraudulent enrolment.

43. Fraudulent enrolment. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) without having obtained a regular discharge from the
Air Force or otherwise fulfilled the conditions enabling him to enrol or enter, enrols himself in, or enters the said force or any part of the military or the naval forces of
India ; or

(b) is concerned in the enrolment in any part of the
Forces, of any person when he knows or has reason to believe such person to be so circumstanced that by enrolling he commits an offence against this Act ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

44.False answers on enrolment.

44. False answers on enrolment. Any person having become subject to this Act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

45.Unbecoming conduct.

45. Unbecoming conduct. Any officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this
Act mentioned ; and if

164.he is a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned.

46.Certain forms of disgraceful conduct.

46. Certain forms of disgraceful conduct. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or

(b) malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity ; or

(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

47.Ill-treating a subordinate.

47. Ill-treating a subordinate. Any officer, warrant officer or non-commissioned officer, who uses criminal force to or otherwise ill-
treats any person subject to this Act, being his subordinate in rank or position, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

48.Intoxication.

48. Intoxication. (1) Any person subject to this Act who is found in a state of intoxication, whether on duty or not, shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and if he is not an officer, be liable, subject to the provisions of sub-section (2), to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

(2) Where an offence of being intoxicated is committed by a person other than an officer when not on active service or not on duty, the period of imprisonment awarded shall not exceed six months.

49.Permitting escape of person in custody.

49. Permitting escape of person in custody. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) when in command of a guard, picquet, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge or refuses to receive any prisoner or person so committed; or

(b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard ;

165.shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned ;
and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this
Act mentioned.

50.

Irregularity in connection with arrest or confinement.

50. Irregularity in connection with arrest or confinement. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation ; or

(b) having committed a person to air force custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

51.Escape from custody.

51. Escape from custody. Any person subject to this Act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

52.Offences in respect of property.

52. Offences in respect of property. Any person subject to this
Act who commits any of the following offences, that is to say,-

(a) commits theft of any property belonging to the
Government, or to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law; or

(b) dishonestly misappropriates or converts to his own use any such property ; or

(c) commits criminal breach of trust in respect of any such property ; or

(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b)
and (c) has been committed, knowing or having reason to believe the commission of such offence; or

(e) wilfully destroys or injures any property of the
Government entrusted to him; or

166.(f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person
;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

53.Extortion and corruption.

53. Extortion and corruption. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) commits extortion; or

(b) without proper authority exacts from any person money, provisions or service ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

54.Making away with equipment.

54. Making away with equipment. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him ; or

(b) loses by neglect anything mentioned in clause (a) ; or

(c) sells, pawns, destroys or defaces any medal or decoration granted to him;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause (a) to ten years, and in the case of the offences specified in the other clauses to five years, or such less punishment as is in this Act mentioned.

54A.

54A Relief of tax on capital gains on transfer of property held under trust for charitable or religious purposes or by certain institutions.

55.Injury to property.

55. Injury to property. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) destroys or injures any property mentioned in clause
(a) of section 54, or any property belonging to any military, naval or air force mess, band or institution, or to any per-
son subject to military, naval or air force law, or serving with, or attached to, the Air Force ; or

(b) commits any act which causes damage to, or destruction of, any property of the Government by fire; or

(c) kills, injures, makes away with, ill-treats or loses any animal entrusted to him ;

shall, on conviction by court- martial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years

167.or such less punishment as is in this Act mentioned ; and if he has acted without reasonable excuse to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this
Act mentioned.

56.False accussation.

56.False accussation. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false ; or

(b) in making a complaint under section 26 or section 27.makes any statement affecting the character of any person subject to this Act, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material facts ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

57.Falsifying official documents and false declaration.

57.Falsifying official documents and false declaration. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which, it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement
; or

(b) in any document of the description mentioned in clause
(a) knowingly makes, or is privy to the making of, any omis-
sion, with intent to defraud ; or

(c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce ; or

(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration;
or

(e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement ;

168.shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

58.Signing in blank and failure to report.

58. Signing in blank and failure to report. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any property of the Government fraudulently leaves in blank any material part for which his signature is a voucher ; or

(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

59.Offences relating to courts martial.

59. Offences relating to courts martial. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) being duly summoned or ordered to attend as a witness before a court-martial, wilfully or without reasonable excuse, makes default in attending ; or

(b) refuses to take an oath or make an affirmation legally required by a court-martial to be taken or made ; or

(c) refuses to produce or deliver any document in his power or control legally required by a court-martial to be produced or delivered by him ; or

(d) refuses when a witness to answer any question which he is by law bound to answer ; or

(e) is guilty of contempt of court-martial by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court
;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

60.

False evidence.

60. False evidence. Any person subject to this Act who, having been duly sworn or affirmed before any court-martial or other court competent under this Act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

61.Unlawful detention of pay.

61. Unlawful detention of pay. Any officer, warrant officer or noncommissioned officer who, having received the pay of a person subject to this Act unlawfully

169.detains or refuses to pay the same when due, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

62.Offences in relation to aircraft and flying.

62. Offences in relation to aircraft and flying. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) wilfully or without reasonable excuse damages, destroys or loses any aircraft or aircraft material belonging to the
Government ; or

(b) is guilty of any act or neglect likely to cause such damage, destruction or loss ; or

(c) without lawful authority disposes of any aircraft or aircraft material belonging to the Government ; or

(d) is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person ; or

(e) during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration, by or under the authority of a neutral State, or the destruction in a neutral State, of any aircraft belonging to the Government
;

shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned, and, in any other case, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

63.Other offences relating to aircraft and flying.

63. Other offences relating to aircraft and flying. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) signs any certificate in relation to an aircraft or aircraft material belonging to the Government without ensuring the accuracy thereof ; or

(b) being the pilot of an aircraft belonging to the
Government, flies it at a height less than such height as may be specified by 1[the Chief of the Air Staff], except while taking off or landing, or in such other circumstances as may be specified by 1 [the Chief of the Air Staff]; or

———————————————————————-

1 Subs, by Act 19 of 1955, s. 2 and ch., for ” the Commander-in-
Chief”.
———————————————————————–

170

(c) being the pilot of an aircraft belonging to the
Government, flies it so as to cause, or to be likely to cause, unnecessary annoyance to any person;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

64.Disobedience of lawful command of captain of aircraft.

64. Disobedience of lawful command of captain of aircraft. Any person subject to this Act who, whatever his rank, commits any of the following offences, that is to say,-

(a) while he is in an aircraft disobeys any lawful command given by the captain of the aircraft, whether such captain is subject to this Act or not, as respects all matters relating to the flying or handling of the aircraft, or affecting the safety thereof ; or

(b) being the captain of a glider aircraft towed by another aircraft disobeys any lawful command given by the captain of the towing aircraft, whether the latter is subject to this
Act or not, as respects all matters aforesaid ;

shall on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

65.Violation of good order and air force discipline.

65. Violation of good order and air force discipline. Any person subject to this Act who is guilty of any act or omission which though not specified in this Act, is prejudicial to good order and air force discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

66.Miscellaneous offences.

66. Miscellaneous offences. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) being in command at any post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority ; or

(b) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person ; or

(c) attempts to commit suicide, and in such attempt does any act towards the commission of such offence ; or

(d) being below the rank of warrant officer, when off duty, appears, without proper authority, in or about camp or

171.cantonments, or in or about, or when going to or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon; or

(e) directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service; or

(f) commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

67.Attempt.

67. Attempt. Any person subject to this Act who attempts to commit any of the offences specified in sections 34 to 66 inclusive, and in such attempt does any act towards the commission of the offence shall, on conviction by court-martial, where no express provision is made by this Act for the punishment of such attempt, be liable,

if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.

68.Abetment of offences that have been committed.

68. Abetment of offences that have been committed. Any person subject to this Act who abets the commission of any of the offences specified in sections 34 to 66 inclusive, shall, on conviction by court-martial, if the act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this Act mentioned.

69.Abetment of offences punishable with death and not committed.

69. Abetment of offences punishable with death and not committed. Any person subject to this Act who abets the commission of any of the offences punishable with death under sections 34, 37 and sub-section (1) of section 38 shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment, and

172.no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

70.

Abetment of offences punishable with imprisonment and not committed.

70. Abetment of offences punishable with imprisonment and not committed. Any person subject to this Act who abets the commission of any of the offences specified in sections 34 to 66 inclusive, and punishable with imprisonment shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.

71.Civil offences.

71. Civil offences. Subject to the provisions of section 72, any person subject to this Act who at any place in or beyond India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a court-martial and, on conviction, be punishable as follows, that is to say,-

(a) if the offence is one which would be punishable under any law in force in India with death, or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence by the aforesaid law and such less punishment as is in this Act mentioned; and

(b) in any other case, he shall be liable to suffer any punishment other than whipping, assigned for the offence by any law in force in India, or imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

72.Civil offences not triable by court-martial.

72. Civil offences not triable by court-martial. A person subject to this Act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this Act and shall not be tried by a court-martial, unless he commits any of the said offences-

(a) while on active service, or

(b) at any place outside India, or

(c) at a frontier post specified by the said Government by notification in this behalf.

————————————————————————

1 Explanation omitted by Act 13 of 1975, s. 2 (w.e.f. 25-1-1975).

CHAPTER VIIPUNISHMENTS

 

73. Punishments awardable by courts-martial. Punishments may be inflicted in respect of offences committed by persons subject to this
Act and convicted by courts-martial according to the scale. following, that is to say,-

(a) death ;

(b) transportation for life or for any period not less than seven years, in respect of civil offences ;

(c) imprisonment, either rigorous or simple, for any period not exceeding fourteen years ;

(d) detention for a term not exceeding two years in the case of airmen;

(e) cashiering, in the case of officers;

(f) dismissal from service;

(g) reduction to the ranks or to a lower rank or classification, in the case of warrant officers and non-
commissioned officers:
Provided that a warrant officer reduced to the ranks shall not be required to serve in the ranks as an airman ;

(h) forfeiture of seniority of rank, in the case of officers, warrant officers and non-commissioned officers ;
and forfeiture of all or any part of their service for the purpose of promotion, in the case of any of them whose promotion depends upon length of service ;

(i) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose ;

(j) severe reprimand or reprimand, in the case of officers, warrant officers and non-commissioned officers;

(k) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active service;

(l) forfeiture in the case of a person sentenced to cashiering or dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such cashiering or dismissal;

(m) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made. good.

74.Alternative punishments awardable by court-martial.

74. Alternative punishments awardable by court-martial. Subject to the provisions of this Act, a court-martial may, on convicting a person subject to this Act of any of the offences specified in sections 34 to 70 inclusive, award either the particular punishment with which the offence is stated in the said sections to be punishable, or, in lieu thereof, any one of the punishments lower in the scale set

174.out in section 73, regard being had to the nature and degree of the offence.

75.Combination of punishments.

75.Combination of punishments. A sentence of a court-martial may award in addition to, or without any one other punishment, the punishment specified in clause (e) or clause (f) of section 73 and any one or more of the punishments specified in clauses (g) to (m) of that section.

76.Cashiering of officers.

76.Cashiering of officers. An officer shall be sentenced to be cashiered before he is awarded any of the punishments specified in clauses (a) to (c) of section 73.
77.Field punishment.

77. (1)Field punishment. Where any person subject to this Act and under the rank of warrant officer commits any offence on active service, it shall be lawful for a court-martial to award for that offence any such punishment as is prescribed as a field punishment.

(2) Field punishment shall be of the character of personal re-
straint or of hard labour but shall not be of a nature to cause injury to life or limb and shall not include flogging.

78.Position of field punishment in scale of punishments.

78.Position of field punishment in scale of punishments. Field punishment shall for the purpose of commutation be deemed to stand next below dismissal in the scale of punishments specified in section
73.
79.Result of certain punishments in the case of a warrant officer or anoncommissioned officer.

79.Result of certain punishments in the case of a warrant officer or a noncommissioned officer. A warrant officer or a non-commissioned officer sentenced by a court-martial to transportation, imprisonment, detention, field punishment or dismissal from the service shall be deemed to be reduced to the ranks.

80.

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

80.Retention in the ranks of a person convicted on active service. When, on active service, any enrolled person has been sentenced by a court-martial to dismissal, or to transportation, imprisonment or detention, whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks and such service shall be reckoned as part of his term of transportation, imprisonment or detention, if any.

81.Punishments otherwise than by court martial.

81.Punishments otherwise than by court martial. Punishments may also be inflicted in respect of offences committed by persons subject to this Act without the intervention of a court-martial and in the manner stated in sections 82 and 86.
82.Punishment of persons other than officers and warrant officers.

82.Punishment of persons other than officers and warrant officers. Subject to the provisions of section 84, a commanding officer or such other officer as is, with the consent of the Central
Government, specified by 1 [the Chief of the Air Staff], may, in the prescribed manner, proceed against a person subject to this Act otherwise than as an officer or warrant officer who is charged with an offence under this Act and award such person, to the extent prescribed, one or more of the following punishments, that is to say,-

(a) detention up to twenty-eight days;

———————————————————————–

1 Subs. by Act 19 of 1955, s. 2 and Sch., for ” the Commander-in-
Chief”.

———————————————————————-

175.

(b) confinement to the camp up to fourteen days;

(c) extra guards or duties not exceeding three in number;

(d) deprivation of acting rank;

(e) forfeiture of badge pay ;

(f) severe reprimand or reprimand;

(g) fine up to fourteen days pay in any one month;

(h) penal deductions under clause (g) of section 92;

(i) admonition ;

(j) any prescribed field punishment up to twenty-eight days, in the case of a person on active service.

83.Requirement of sanction in certain cases.

83.Requirement of sanction in certain cases. (1) Subject to the provisions of sub-section (2), the punishments mentioned in section 82.shall not be inflicted in respect of an offence under any of the sections 34, 35 and 36 when committed on active service or under any of the sections 37, 38, 40, 42 (f) and (g), 43, 47, 52, 60, 62, 63,
64, 66(a), (b) and (c) and 71 except with the previous sanction in writing of an officer having power to convene a district court-
martial.

(2) The said punishments may be awarded without such sanction in the case of any offence, other than an offence under section 34 or section 71, committed by persons who have not been enrolled as combatants.

84.Limit of punishments under section 82.84.Limit of punishments under section 82. (1) An award of punishment under section 82 shall not include field punishment in addition to one or more of the punishments specified in clauses (a)
and (b) of that section.

(2) In the case of an award of two or more of the punishments specified in clauses (a), (b) and, (c) of the said section, the punishment specified in clause (b) or clause (c) shall take effect only at the end of the punishment specified in clause (a).

(3) When two or more of the punishments specified in the said clauses (a) and (b) are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate forty-two days.

(4) The punishments specified in clauses (a), (b), (c), (e), (g)
and (j) of section 82 shall not be awarded to any person who is of the rank of non-commissioned officer or was, at the time of committing the offence for which he is punished, of such rank.

(5) The punishment specified in clause (f) of the said section shall not be awarded to any person below the rank of a non-
commissioned officer.

176.85.Punishments in addition to those specified in section 82.85.Punishments in addition to those specified in section 82.1[The Chief of the Air Staff ] may, with the consent of the Central
Government, specify such other punishments as may be awarded under section 82 in addition to or without any of the punishments specified in the said section, and the extent to which such other punishments may be awarded.

86.Punishment of officers and warrant officers.

86.Punishment of officers and warrant officers. An officer having power to convene a general court-martial or such other officer as is, with the consent of the Central Government, specified by 1 [the Chief of the Air Staff ] may, in the prescribed manner, proceed against an officer below the rank of squadron leader or a warrant officer, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say,-

(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not ex-
ceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by a court-martial ;

(b) severe reprimand or reprimand;

(c) stoppage of pay and allowance until any proved loss or damage occasioned by the offence of which he is convicted is made good but subject to the right of the accused specified in clause (a)

(d) forfeiture of pay and allowances for a period not exceeding three months for an offence under clause (e) of section 42 in so far as it consists of neglect to obey flying orders or under section 62 or section 63.
87.Transmission of proceedings.

87.Transmission of proceedings. In every case in which punishment has been awarded under section 86, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment, to a superior air force authority as defined in section 89.
88.Review of proceedings.

88.Review of proceedings. If any punishment awarded under section
86 appears to a superior air force authority as defined in section 89.to be illegal, unjust or excessive, such authority may cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case.

89.Superior air force authority.

89.Superior air force authority. For the purposes of sections 87.and 88, a “superior, air force authority ” means-

(a) in the case of punishments awarded by a commanding officer, any officer superior in command to such commanding officer ;
———————————————————————-

1 Subs. by Act 19 of 1955, s. 2 and Sch., for ” the Commander-
in-Chief”.

———————————————————————–

177.(b) in the case of punishments awarded by any other authority, the Central Government, 1[the Chief of the Air
Staff] or other officer specified by 1[the Chief of the Air
Staff].

90.

Collective fines.

90.Collective fines. (1) Whenever any weapon or part of a weapon forming part of the equipment of a unit or detachment is lost or stolen, the officer commanding such unit or detachment may, after obtaining the report of a court of inquiry, impose a collective fine upon the warrant officers, non-commissioned officers and men of such unit, or upon so many of them as, in his judgment, should be held responsible- for such loss or theft.

(2) Such fine shall be assessed as a percentage on the pay of the individuals on whom it falls.

THE AIR FORCE ACT, 1950 [PART II]

CHAPTER VIIIPENAL DEDUCTIONS

 

91.Deductions from pay and allowances of officers. The following penal deductions may be made from the pay and allowances of an officer, that is to say,-

(a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to his commanding officer and has been approved by the Central Government;

(b) all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a criminal court or a court-martial or by an officer exercising authority under section 86 ;

(c) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay ;

(d) any sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by the court-
martial by Whom he is convicted of such offence, or by an officer exercising authority under section 86;

(e) all pay and allowances ordered by a court-martial or an officer exercising authority under section 86 to be forfeited or stopped ;

(f) any sum required to pay a fine awarded by a criminal court or a court-martial exercising jurisdiction under section 71;

(g) any sum required to make good any loss, damage, or destruction of public or service property which, after due

———————————————————————-

1 Subs. by Act 19 of 1955, s. 2 and Sch., for “the Commander-
in-Chief”
———————————————————————-

178.investigation, appears to the Central Government to have been occasioned by the wrongful act or negligence on the part of the officer;

(h) all pay and allowances forfeited by order of the
Central Government if the officer is found by a court of inquiry constituted by 1[the Chief of the Air Staff] in this behalf, to have deserted to the enemy, or while in enemy hands, to have served with, or under the orders of, the enemy or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy, to have failed to rejoin his service when it was possible to do so ;

(i) any sum required by order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child.

92.Deductions from pay and allowances of airmen.

92.Deductions from pay and allowances of airmen. Subject to the provisions of section 95, the following penal deductions may be made from the pay and allowances of an airman, that is to say,-

(a) all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, or a court-martial, or of detention, or field punishment awarded by a court-martial or an officer exercising authority under section 82.(b) all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or a court-martial, or on a charge of absence without leave for which he is afterwards awarded detention or field punishment by an officer exer-
cising authority under section 82 ;

(c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him;

(d) for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence,
———————————————————————-

1 Subs. by Act 19 of 1955, s. 2 and Sch., for ” the Commander-in-
Chief”.
———————————————————————–

179.such sum as may be specified by order of the Central
Government or by such officer as may be specified by that
Government;

(e) all pay and allowances ordered by a court-martial or by an officer exercising authority under section 82 or section
86 to be forfeited or stopped;

(f) all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of, the enemy;

(g) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the
Central Government or to any building or property as may be awarded by his commanding officer; .

(h) any sum required to pay a fine awarded by a criminal court, a court-martial exercising jurisdiction under section
71, or an officer exercising authority under section 82 or section 90 ;

(i) any sum required by order of the Central Government or any prescribed officer to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child.

93.Computation of time of absence or custody.

93.Computation of time of absence or custody. For the purposes of clauses (a) and (b) of section 92-

(a) no person shall be treated as absent or in custody for a day a unless the absence or custody has lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours or upwards ;

(b) any absence or custody for less than a day may be reckoned as absence or custody for a day if such absence or custody prevented the absentee from fulfilling any air force duty which was thereby thrown upon some other person;

(c) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody ;

(d) a period of absence, or imprisonment, which commences before and ends after, midnight may be reckoned as a day.

180

94.Pay and allowances during trial.

94.Pay and allowances during trial. In the case of any person subject to this Act who is in custody or under suspension-from duty on a charge for an offence, the prescribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his trial on the charge against him, in order to give effect to the provisions of clause (b) of sections 91.and 92.
95.Limit of certain deductions.

95.Limit of certain deductions. The total deductions from the pay and allowances of a person made under clauses (e) and (g) to (i) of section 92 shall not, except where he is sentenced to dismissal, exceed in any one month one-half of his pay and allowances for that month.

96.Deduction from public money due to a person.

96.Deduction from public money due to a person. Any sum authorised by this Act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.

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

97. Pay and allowances of prisoner of war during inquiry into his conduct. Where the conduct of any person subject to this Act when being taken prisoner by, or while in the hands of, the enemy, is to be inquired into under this Act or any other law, 1 [the Chief of the Air
Staff] or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquiry.

98.Remission of deductions.

98.Remission of deductions. Any deduction from pay and allowances authorised by this Act may be remitted in such manner, and to such extent, and by such authority, as may from time to time be prescribed.

99.Provision for dependants of prisoner of war from remitted deductions.

99.Provision for dependants of prisoner of war from remitted deductions. In the case of all persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under clause (h) of section 91 or clause (a) of section 92, but in respect of whom a remission has been made under section 98, it shall be lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for any dependants of such persons, and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances.

100.

Provision for dependants of prisoner of war from his pay andallowances.

100.Provision for dependants of prisoner of war from his pay and allowances. It shall be lawful for proper provision to be made by the prescribed authorities for any dependants of any person subject to this Act, who is a prisoner of war or is missing, out of his pay and allowances.

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

101.Period during which a person is deemed to be a prisoner of war. For the purposes of sections 99 and 100, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into his conduct such as is referred to in section 97, and if he is cashiered or dismissed from the service in consequence of such conduct, until the date of such cashiering or dismissal.

———————————————————————

1 Subs. by Act 19 of 1955, s. 2 and Sch., for ” the Commander-in-
Chief”.

CHAPTER IXARREST AND PROCEEDINGS BEFORE TRIAL

 

102.Custody of offenders. (1) Any person subject to this Act who is charged with a offence may be taken into air force custody.

(2) Any such person may be ordered into air force custody by any superior officer.

(3) Any officer may order into air force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder.

103.Duty of commanding officer in regard detention.

103.Duty of commanding officer in regard detention. (1) It shall be the duty of every commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable with due regard to the public service.

(2) Every case of a person being detained in custody beyond a period of forty-eight hours, and the reason thereof shall be reported by the commanding officer to the air or other officer to whom applica-
tion would be made to convene a general or district court-martial for the trial of the person charged.

(3) In reckoning the period of forty-eight hours specified in subsection (1), Sundays and public holidays shall be excluded.

(4) Subject to the provisions of this Act, the Central
Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in air force custody, pending the trial by any competent authority for any offence committed by him.

104.Interval between committal and court-material.

104.Interval between committal and court-material. In every case where any such person as is mentioned in section 102 and as is not on active service remains in such custody for a longer period than eight days, without a court-martial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed; and a similar report shall be forwarded every eight days until a court-martial is assembled or such person is released from custody.

105.Arrest by civil authorities.

105.Arrest by civil authorities. Whenever any person subject to this Act, who is accused of any offence under this Act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to air force custody of such person upon receipt of a written application to that effect signed by his commanding officer.

106.Capture of deserters.

106.Capture of deserters. (1) Whenever any person subject to this
Act deserts, the commanding officer of the unit or detachment to which he belongs, shall

182.give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter ; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter, when apprehended, into air force custody.

(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law.

107.Inquiry into absence without leave.

107.Inquiry into absence without leave. (1) When any person subject to this Act has been absent from his duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, be assembled, and such court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries, and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof, and the said deficiency, if any; and the commanding officer of the unit to which the person belongs shall enter in the court-martial book of the unit a record of declaration.

(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter.

108.Provost marshals.

108.Provost marshals. (1) Provost-marshals may be appointed by
1[the Chief of the Air Staff], or by any prescribed officer.

(2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the Air Force.

(3) A provost-marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a court-martial, or by an officer exercising authority under section 82 but shall not inflict any. punishment on his own authority:

Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and Sch., for ” the Commander-in-
Chief”.
———————————————————————-

183.(4) For the purposes of sub-sections (2) and (3), a provost-
marshal shall be deemed to include a provost-marshal appointed under the Army Act or the Navy Act and any person legally exercising authority under him or on his behalf.

CHAPTER XCOURTS-MARTIAL

 

109.Different kinds of courts martial. For the purposes of this
Act there shall be three kinds of courts-martial, that is to say,-

(a) general courts-martial

(b) district courts-martial and

(c) summary general courts-martial.

110.Power to convene a general court martial. A general court-
martial may be convened by the Central Government or 1[the Chief of the Air Staff], or by any officer empowered in this behalf by warrant of 1[the Chief of the Air Staff].

111.Power to convene a district court martial. A district court-
martial may be convened by an officer having power to convene a general court-martial, or by any officer empowered in this behalf by warrant of any such officer.

112.Contents of warrants issued under sections 110 and 111.112.Contents of warrants issued under sections 110 and 111. A
warrant issued under section 110 or section 111 may contain such restrictions, reservations or conditions as the officer issuing it may think fit.

113.Power to convene a summary general court martial.

113.Power to convene a summary general court martial. The following authorities shall have the power to convene a summary general court-martial, namely:-

(a) an officer empowered in this behalf by an order of the
Central Government or of 1 [the Chief of the Air Staff];

(b) on active service, the officer commanding the forces in the field, or any officer empowered by him in this behalf ;

(c) an officer commanding any detached portion of the Air
Force on active service when, in his opinion, it is not practicable, with due regard to discipline and the exigencies of the service, that an offence should be tried by a general court-martial.

114.Composition of general court martial.

114.Composition of general court martial. A general court-martial shall consist of not less than five officers, each of whom has held a commission for not less than three

———————————————————————
1 Subs. by Act 19 of 1955, s. 2 and Sch., for ” the Commander-in-
Chief”.
———————————————————————-

184.whole years and of whom not less than four are of a rank not below that of flight-lieutenant.

115.Composition of district court-martial.

115.Composition of district court-martial. A district court-
martial shall consist of not less than three officers, each of whom has held a commission for not less than two whole years.

116.Composition of summary general court-martial.

116.Composition of summary general court-martial. A summary general court-martial shall consist of not less than three officers.

117.Dissolution of court-martial.

117.Dissolution of court-martial. (1) If a court-martial after the commencement of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved.

(2) If on account of the illness of the judge advocate or of the accused before the finding, it is impossible to continue the trial, a court-martial shall be dissolved.

(3) The officer who convened a court-martial may dissolve such court-martial if it appears to him that the exigencies of the service or the necessities of discipline render it impossible or inexpedient to continue the said court-martial.

(4) Where a court-martial is dissolved under this section, the accused may be tried again.

118.Powers of general and summary general courts-martial.

118.Powers of general and summary general courts-martial. A
general or summary general court-martial shall have power to try any person subject to this Act for any offence punishable therein and to pass any sentence authorised thereby.

119.Powers of district court-martial.

119.Powers of district court-martial. A district court-martial shall have power to try any person subject to this Act other than an officer or warrant officer for any offence made punishable therein, and to pass any sentence authorised by this Act other than a sentence of death, transportation, or imprisonment for a term exceeding two years.

120.Prohibition of second trial.

120.Prohibition of second trial. When any person subject to this
Act has been acquitted or convicted of an offence by a court-martial or by a criminal court, or has been dealt with under section 82 or section 86, he shall not be liable to be tried again for the same offence by a court-martial or dealt with under the said sections.

121.Period of limitation for trial.

121.Period of limitation for trial. (1) Except as provided by sub-section (2), no trial by court-martial of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years from the date of such offence.

(2) The provisions of I sub-section (1) shall not apply to a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37.

185.(3) In the computation of the period of time mentioned in sub-
section (1) anytime spent by such person as a prisoner of war, or in enemy territory, or in evading arrest after the commission of the offence, shall be excluded.

(4) No trial for an offence of desertion, other than desertion on active service or of fraudulent enrolment shall be commenced if the person in question, not being an officer has, subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the Air Force.

122.Liability of offender who ceases to be subject to Act.

122.Liability of offender who ceases to be subject to Act. (1)
Where an offence under this Act had been committed by any person while subject to this Act, and he has ceased to be so subject, he may be taken into and kept in air force custody, and tried and punished for such offence as if he continued to be so subject.

(2) Except as provided by sub-sections (3) and (4), any such person shall, not be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this Act.

(3) _The provisions of sub-section (2) shall not apply to the trial of any such person for an offence of desertion or fraudulent enrolment or for any of the offences, mentioned in section 37.(4) Nothing contained in sub-section (2) shall affect the jurisdiction of a civil court to try any offence triable by such court as well as by a court-martial.

(5) When a person subject to this Act is sentenced by a court-
martial to transportation or imprisonment, this Act shall apply to him during the term of his sentence, though he is cashiered or dismissed from the Air Force, or has otherwise ceased to be subject to this Act, and he may be kept, removed, imprisoned and punished as if he con-
tinued to be subject to this Act.

(6) When a person subject to this Act is sentenced by a court-
martial to death, this Act shall apply to him till the sentence is carried out.

123.Place of trial.

123.Place of trial. Any person subject to this Act who commits any offence against it may be tried and punished for such offence in any place whatever.

124.Choice between criminal court and court-martial.

124.Choice between criminal court and court-martial. When a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of 1 [the Chief of the
Air Staff], the officer commanding any group, wing or station in which the accused prisoner is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted.

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and Sch., for the Commander-in-
Chief”.
———————————————————————-

186.before a court-martial, to direct that the accused person shall be detained in air force custody.

125.Power of criminal court to require delivery of offender.

125.Power of criminal court to require delivery of offender. (1)
When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 124 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the Central
Government.

(2) In every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the Central
Government whose order upon such reference shall be final.

126.Successive trials by a criminal court and a court-martial.

126.Successive trials by a criminal court and a court-martial.
(1) A person convicted or acquitted by a court-martial may, with the previous sanction of the Central Government, be tried again by a criminal court for the same offence, or on the same facts.

(2) If a person sentenced by a court-martial under this Act or punished under section 82 or section 86 is afterwards tried and con-
victed by a criminal court for the same offence, or on the same facts, that court shall, in awarding punishment have regard to the punishment he may already have undergone for the said offence.

CHAPTER XIPROCEDURE OF COURTS-MARTIAL

 

127.Presiding officer. At every general, district or summary general court-martial the senior member shall be the presiding officer.

128.Judge advocate.

128.Judge advocate. Every general court-martial shall, and every district or summary general court-martial may, be attended by a judge advocate, who shall be either an officer belonging to the department of the Chief Legal Adviser or if no such officer is available, an officer approved by the Chief Legal Adviser or any of his deputies.

129.Challenges.

129.Challenges. (1) At all trials by general, district or summary general courts-martial, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall there. upon be asked whether he objects to being tried by any officer sitting on the court.

187.(2) If the accused objects to any such officer, his objection, and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer, decide on the objection.

(3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer, subject to the same right of the accused to object.

(4) When no challenge is made, or when challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.

130.

Oaths of member, judge advocate and witness.

130.Oaths of member, judge advocate and witness. (1) An oath or affirmation in the prescribed manner shall be administered to every member of every court-martial and to the judge advocate before the commencement of the trial.

(2) Every person giving evidence before a court-martial shall be examined after being duly sworn or affirmed in the prescribed form.

(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the court-martial is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation.

131.Voting by members.

131.Voting by members. (1) Subject to the provisions of sub-
sections (2) and (3), every decision of a court-martial shall be passed by an absolute majority of votes ; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused.

(2) No sentence of death shall be passed by a general court-
martial without the concurrence of at least two-thirds of the members of the court.

(3) No sentence of death shall be passed by a summary general court-martial without the concurrence of all the members.

(4) In matters other than a challenge or the finding or sentence, the presiding officer shall have a casting vote.

132.General rule as to evidence.

132.General rule as to evidence. The Indian Evidence Act, 1872,
(1 of 1872) shall, subject to the provisions of this Act, apply to all proceedings before a court-martial.

133.Judicial notice.

133.Judicial notice. A court-martial may take judicial notice of any matter within the general air force knowledge of the members.

134.Summoning witnesses.

134.Summoning witnesses. (1) The convening officer, the Presiding officer of a court-martial, the judge advocate or the commanding officer of the accused person, may, by summons under his hand, require the attendance, at

188.a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing.

(2) In the case of a witness amenable to air force authority, the summons shall be sent to his commanding officer, and such officer shall serve it upon him accordingly.

(3) In the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness were required in the court of such magistrate.

(4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision.

135.Documents exempted from production.

135.Documents exempted from production. (1) Nothing in section
134 shall be deemed to affect the operation of sections 123 and 124 of the Indian Evidence Act, 1872, or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities.

(2) If any document in such custody is, in the opinion of any district magistrate, chief presidency magistrate, High Court or Court of Session, wanted for the purpose of any court-martial, such magis-
trate or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magis-
trate or court may direct.

(3) If any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause search to be made for and to detain such document pending the orders of any such district magistrate, chief presidency magistrate or High Court or
Court of Session.

136.Commissions for examination of witnesses.

136.Commissions for examination of witnesses. (1) Whenever, in the course of a trial by court-martial, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such court may address the Chief
Legal Adviser in order that a commission to take the evidence of such witness may be issued.

(2) The Chief Legal Adviser may then, if he thinks necessary, issue a commission to any district magistrate or magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.

(3) The magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he or such magistrate of the first class as he appoints in this behalf, shall proceed to the place where the

189.witness is or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant cases under the Code of-Criminal
Procedure, 1898, (5 of 1898.) or any corresponding law in force in
1[the State of Jammu and Kashmir].

(4) When the witness resides in a tribal area or in any place outside India, the commission may be issued in the manner specified in
Chapter XL of the Code of Criminal Procedure, 1898, (5 of 1898.) or of any corresponding law in force in 1 [the State of Jammu and Kashmir].

(5) In this and the next succeeding section, the expression ”
Chief Legal Adviser includes a Deputy Chief Legal Adviser.

137.Examination of a witness on commission.

137.Examination of a witness on commission. (1) The prosecutor and the accused person in any case in which a commission is issued under section 136 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the magistrate or officer executing the commission shall examine the witness upon such interrogatories.

(2) The prosecutor and the accused person may appear before such magistrate or officer by counsel or except in the case of an accused person in custody, in person, and may examine, cross-examine and re-
examine, as the case may be, the said witness.

(3) After a commission issued under section 136 has been duly .executed, it shall be returned, together with the deposition of the witness examined thereunder to the Chief Legal Adviser.

(4) On receipt of a commission and deposition returned under subsection (3), the Chief Legal Adviser shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court convened for the trial of the accused person ; and the commission, the return thereto and the depo-
sition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court.

(5) In every case in which a commission is issued under section
136, the trial may be adjourned for a specified time reasonably suffi-
cient for the execution and return of the commission.

138.Conviction of offence not charged.

138.Conviction of offence not charged. (1) A person charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave.

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1 Subs. by the Adaptation of Laws (No, 3) Order, 1956, for “a
Part B State”.
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190

(2) A person charged before a court-martial with attempting to desert may be found guilty of being absent without leave.

(3) A person charged before a court-martial with using criminal force may be found guilty of assault.

(4) A person charged before a court-martial with using threaten-
ing language may be found guilty of using insubordinate language.

(5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b), (c) and (d) of section 52 may be found guilty of any other of these offences with which he might have been charged.

(6) A person charged before a court-martial with an offence punishable under section 71 may be found guilty of any other offence of which he might have been found guilty if the provisions of the Code of Criminal Procedure, 1898, (5 of 1898) were applicable.

(7) A person charged before a court-martial with any offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment.

(8) A person charged before a court-martial with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged.

139.Presumption as to signatures.

139.Presumption as to signatures. In any proceeding under this
Act, any application, certificate, warrant, reply, or other document purporting to be signed by an officer in the service of the Government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown.

140.

Enrolment paper.

140.Enrolment paper. (1) Any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this Act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given.

(2) The enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper.

190A

141.Presumption as to certain documents.

141.Presumption as to certain documents. (1) A letter, return or other document respecting the service of any person in, or the cashiering, dismissal or discharge of any person from, any portion of the Air Force, or respecting the circumstance of any person not having served in, or belonged to, any portion of the Forces, if purporting to be signed by or on behalf of the Central Government or 1[the Chief of the Air Staff], or by any prescribed

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1 Subs. by Act 19 of 1955, s. 2 and Sch., for “the Commander-in-
Chief”.
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191.officer, shall be evidence of the facts stated in such letter, return or other document.

(2) An Army, Navy or Air Force List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers or warrant officers therein mentioned, and of any appointment held by them and of the unit or branch of the services to which they belong.

(3) Where a record is made in any service book in pursuance of this Act or of any rules made thereunder or otherwise in pursuance of air force duty, and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated.

(4) A copy of any record in any service book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record.

(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act, or any portion of the Air Force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of that portion of the Air Force, or by the commanding officer of the unit, or detachment to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated.

(6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of an officer-in-charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated.

(7) Any document purporting to be a report under the hand of any
Chemical Examiner or Assistant Chemical Examiner to Government upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding tinder this Act.

142.Reference by accused to Government officer.

142.Reference by accused to Government officer. (1) If at any trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the person tried states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the Government, or if it appears that any such officer

192.is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received.

(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court.

(3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial.

143.Evidence of previous convictions and general character.

143.Evidence of previous convictions and general character. (1)
When any person subject to this Act has been convicted by a court-
martial of any offence, such court-martial may inquire into, and receive and record evidence of any previous convictions of such person, either by a court-martial or by a criminal court, or any pre-
vious award of punishment under section 82 or section 86 and may further inquire into and record the general character of such person and such other matters as may be prescribed.

(2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, court-martial books or other official records, and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received.

144.Lunacy of accused.

144.Lunacy of accused. (1) Whenever, in the course of a trial by a court-martial, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly.

(2) The presiding officer of the court shall forthwith report the case to the confirming officer.

(3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another court-martial for the offence with which he was charged.

(4) A confirming officer confirming a finding in any case so reported to him under sub-section (2) shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government.

(5) On receipt of a report under sub-section (4) the Central
Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.

193.145.Subsequent fitness of lunatic accused for trial.

145.Subsequent fitness of lunatic accused for trial. Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 144, the officer commanding a unit or detachment within the area of whose command the accused is in custody or is detained, or any other officer prescribed in this behalf, may-

(a) if such person is in custody under sub-section (4) of section 144, on the report of a medical officer that he is capable of making his defence, or

(b) if such person is detained in a jail under sub-section
(5) of section 144, on a certificate of the Inspector-General of Prisons and if such person is detained in a lunatic asylum under the said sub-section on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence.

take steps to have such person tried by the same or another court-
martial for the offence with which he was originally charged, or, if the offence is a civil offence, by a criminal court.

146.Transmission to Central Government of orders under section 145.146.Transmission to Central Government of orders under section
145. A copy of every order made by an officer under section 145 for the trial of the accused shall forthwith be sent to the Central
Government,

147.Release of lunatic accused.

147.Release of lunatic accused. Where any person is in custody under sub-section (4) of section 144 or under detention under sub-
section (5) of that section-

(a) if such person is in custody under the said sub-
section (4), on the report of a medical officer, or

(b) if such person is detained under the said sub-section
(5), on a certificate from any of the authorities mentioned in clause (b) of section 145 that, in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person,

the Central Government may order that such person be released, or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum.

148.Delivery of lunatic accused to relatives.

148.Delivery of lunatic accused to relatives. Where any relative or friend of any person who is in custody under sub-section (4) of section 144 or under detention under sub-sec-

194.
tion (5) of that section desires that he should be delivered to his care and custody, the Central Government may upon application by such relative or friend and on his giving security to the satisfaction of that Government that the person delivered shall be properly taken care of and prevented from doing injury to himself or any other person, and be produced for the inspection of such officer, and at such times and places, as the Central Government may direct, order such person to be delivered to such relative or friend.

149.Order for custody and disposal of property pending trial.

149.Order for custody and disposal of property pending trial.
When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a court-martial during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

150.

Order for disposal of property regarding which offence is committed.

150.Order for disposal of property regarding which offence is committed. (1) After the conclusion of a trial before any court-
martial, the court or the officer confirming the finding or sentence of such court-martial or any authority superior to such officer, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise of any property or document produced before the court or in its custody, or regarding which any offences appears to have been committed or which has been used for the commission of any offence.

(2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the Code of Criminal Procedure, 1898,
(5 of 1898) or any corresponding law in force in 1 [the State of Jammu and Kashmir].

(3) In this section the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for

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1 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for ” a
Part B State “.
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194A

which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.

151.Powers of courts martial when certain offences are committed bypersons not subject to this Act.

151.Powers of courts martial when certain offences are committed by persons not subject to this Act. Any trial by a court-martial under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code,
(45 of 1860)and the court-martial shall be deemed to be a court within the meaning of sections 480 and 482 of the Code of Criminal Procedure,
1898 (5 of 1898.)

CHAPTER XIICONFIRMATION AND REVISION

 

152.Finding and sentence not valid, unless confirmed. No finding or sentence of a general, district or summary general court-martial shall be valid except so far as it may be confirmed as provided by this Act.

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

153. Power to confirm finding and sentence of general court-
martial. The findings and sentences of general courts-martial may be confirmed by the Central Government, or by any officer empowered in this behalf by warrant of the Central Government.

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

154.Power to confirm finding and sentence of district court-
martial. The findings and sentences of district courts-martial may be confirmed by any officer having power to convene a general court-
martial or by any officer empowered in this behalf by warrant of such officer.

155.Limitation of powers of confirming authority.

155.Limitation of powers of confirming authority. A warrant issued under section 153 or section 154 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.

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

156.Power to confirm finding and sentence of summary general court-martial. The findings and sentences of summary general courts-
martial may be confirmed by the convening officer or if he so directs, by an authority superior to him.

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

157.Power of confirming authority to mitigate, remit or commute sentences. (1) Subject to such restrictions, reservations or conditions as may be contained in any warrant issued under section 153.or section 154 and to the provisions of sub-sections (2) and (3), a confirming authority may, when confirming the sentence of a court-
martial, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 73.(2) A sentence of transportation shall not be commuted for a sentence of imprisonment or detention for a term exceeding the term of transportation awarded by the court.

(3) A sentence of imprisonment shall not be computed for a sentence of detention for a term exceeding the term of imprisonment awarded by the court.

158.Confirming of findings and sentences on board a ship.

158.Confirming of findings and sentences on board a ship. When any person subject to this Act is tried and sentenced by a court-
martial while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.

159.Revision of finding or sentence.

159.Revision of finding or sentence. (1) Any finding or sentence of a court-martial may be once revised by order of the confirming authority and on such revision,

196.the court, if so directed by the confirming authority, may take addi-
tional evidence.

(2) The court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent.

(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general court-martial, it still consists of five officers, or, if a summary general or district court-
martial, of three officers.

160.

Alteration of finding or sentence in certain cases.

160.Alteration of finding or sentence in certain cases. (1) Where a finding of guilty by a court-martial, which has been confirmed, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 177.to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding:

Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the offence.

(2) Where a sentence passed by a court-martial which has been confirmed not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence.

(3) The punishment awarded by a sentence passed under subsection
(1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section.

(4) Any finding substituted, or any sentence passed, under this section shall for the purposes of this Act and the rules made there-
under have effect as if it were a finding or sentence, as the case may be, of a court-martial.

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

161.Remedy against order finding or sentence of court-martial.
(1) Any person subject to this Act who considers himself aggrieved by any order passed by a court-martial may present a petition to the officer or authority empowered to confirm any finding or sentence of such court-martial, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates.

197.(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of a court-martial which has been confirmed, may present a petition to the Central Government, 1[the
Chief of the Air Staff] or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central
Government, 1[the Chief of the Air Staff] or other officer, as the case may be, may pass such order thereon as it or he thinks fit.

162.Annulment of proceedings.

162.Annulment of proceedings. The Central Government, 1[the Chief of the Air Staff] or any prescribed officer may annul the proceedings of any court-martial on the ground that they are illegal or unjust.

CHAPTER XIIIEXECUTION OF SENTENCES

 

163.Form of sentence of death. In awarding a sentence of death, a court-martial shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.

164.Commencement of sentence of transportation or imprisonment.

164.Commencement of sentence of transportation or imprisonment.
Whenever any person is sentenced by a court-martial under this Act to transportation, imprisonment or detention the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed, by the presiding officer.

165.Execution of sentence of transportation.

165.Execution of sentence of transportation. Whenever any sentence of transportation is passed under this Act or whenever any sentence of death be commuted to transportation, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer-in-charge of the civil prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.

166.Execution of sentence of imprisonment.

166.Execution of sentence of imprisonment. (1) Whenever any sentence of imprisonment is passed under this Act or whenever any sentence of death or transportation is commuted to imprisonment, the confirming officer or such other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) and (4), direct either that the sentence shall be carried out by confinement in a military or air force prison or that it shall be carried out by confinement in a civil prison.

(2) When a direction has been made under sub-section (1) the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form

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1 Subs. by Act 19 of 1955, s. 2 and sch. for ” the Commander-in-
Chief”.
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198.to the officer-in-charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.

(3) In the case of a sentence of imprisonment for a period not exceeding three months, the officers referred to in sub-section (1)
may direct that the sentence shall be carried out by confinement in air force custody instead of in a civil or military or air force prison.

(4) On active service, a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may from time to time appoint.

167.Temporary custody of offender.

167.Temporary custody of offender. Where a sentence of transportation or imprisonment is directed to be undergone in a civil prison, the offender may be kept in military or air force custody or in any other fit place, till such time as it, is possible to send him to a civil prison.

168.Execution of sentence of imprisonment in special cases.

168.Execution of sentence of imprisonment in special cases.
Whenever, in the opinion of an air or other officer commanding a group, any sentence or portion of a sentence of imprisonment cannot for special reasons conveniently be carried out in a military or air force prison or in air force custody in accordance with the provisions of section 166 such officer may direct. that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.

169.Conveyance of prisoner from place to place.

169.Conveyance of prisoner from place to place. A person under sentence of transportation or imprisonment may, during his conveyance from place to place, or when on board ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal.

170.

Execution of sentence of detention.

170.Execution of sentence of detention. Whenever any sentence of detention is passed under this Act, or whenever any sentence of death, transportation or imprisonment is commuted to detention, the sentence shall be carried out by detaining the offender in any military or air force detention barracks, detention cells or other military or air force custody; and when the sentence is to be carried out by detention in any military or air force detention barracks, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer-in-charge of the detention barracks in which the person under sentence is to be detained and shall forward the person under sentence to such detention barracks with the warrant.

171.Communication of certain orders to prison officers.

171.Communication of certain orders to prison officers. Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil, military or air force prison or detained in a military or air force detention barracks a warrant in accordance with

199.such order shall be forwarded by the officer making the order, or his staff officer, or such other person as may be prescribed, to the officer-in-charge of the prison or detention barracks in which such person is confined.

172.Execution of sentence of fine.

172.Execution of sentence of fine. When a sentence of fine is imposed by a court-martial under section 71 whether the trial was held within India or not, a copy of such sentence, signed and certified by the confirming officer may be sent to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure,
1898, (5 of 1898.) or any corresponding law in force in 1 [the State of Jammu and Kashmir] for the levy of fines as if it were a sentence of fine imposed by such magistrate.

173.Establishment and regulation of air force prisons.

173.Establishment and regulation of air force prisons. The
Central Government may set apart any building or part of a building, or any place under its control, as an air force prison or detention barracks for the confinement of persons sentenced to imprisonment or detention under this Act.

174.Informality or error in the order or warrants.

174.Informality or error in the order or warrants. Whenever a person is sentenced to transportation, imprisonment or detention under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly.

175.Power to make rules in respect of prisons and prisoners.

175.Power to make rules in respect of prisons and prisoners. The
Central Government may make rules providing.

(a) for the government, management and regulation of air force prisons and detention barracks;

(b) for the appointment, removal and powers of inspectors, visitors, governors and officers thereof ;

(c) for the labour of prisoners undergoing confinement therein, and for enabling such prisoners or persons to earn by special industry and good conduct, a remission of a portion of their sentence;
———————————————————————
1 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for ” a
Part B State”.
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200

(d) for the safe custody of such prisoners or persons and the maintenance of discipline among them and the punish-
ment, by personal correction, restraint or otherwise, of offences committed by them;

(e) for the application to air force prisons or detention barracks of any of the provisions of the Prisons Act, 1894,
(9 of 1894) relating to the duties of officers of prisons and the punishment of persons not being prisoners ;

(f) for the admission into any prison, at proper times and subject to proper restrictions, of persons with whom prisoners may desire to communicate, and for the consultation by prisoners under trial with their legal advisers without the presence as far as possible of any third party within hearing distance.

176.Restriction of rule-making power in respect to corporal punishment.

176.Restriction of rule-making power in respect to corporal punishment. Rules made under section 175 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprison-
ment more severe than it is under any law for the time being in force relating to civil prisons in India.

CHAPTER XIVPARDONS, REMISSIONS AND SUSPENSIONS

 

177.Pardon and remission. When any person subject to this Act has been convicted by a court-martial of any offence, the Central
Government, 1[the Chief of the Air Staff], an air or other officer commanding a group of, or the prescribed officer, may-

(a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or

(b) mitigate the punishment awarded; or

(c) commute such punishment for any less punishment or punishments mentioned in this Act:

Provided that a sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the
———————————————————————–
1 Subs. by Act 19 of 1955, s. 2 and Sch., for “the Commander-in-
Chief”.
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200A

court ; and a sentence of imprisonment shall not be com-
muted for a sentence of detention for a term exceeding the term of imprisonment so awarded;

(d) either with or without conditions which the person sentenced accepts, release the person on parole.

178.Cancellation of conditional pardon, release on parole or remission.

178.Cancellation of conditional pardon, release on parole or remission. (1) If any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remis-
sion, not fulfilled, such authority may cancel the pardon, release or

201.remission, and thereupon the sentence of the court shall be carried into effect as if such pardon, release or remission had not been granted.

(2) A person whose sentence of transportation, imprisonment or detention is carried into effect under the provisions of sub-section
(1) shall undergo only the unexpired portion of his sentence.

179.Reduction of warrant officer or non-commissioned officer.

179.Reduction of warrant officer or non-commissioned officer.
When under the provisions of section 79 a warrant officer or a non-
commissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purpose of section 177 be treated as a punishment awarded by a sentence of a court-martial.

180.

Suspension of sentence of transportation, imprisonment or detention.

180.Suspension of sentence of transportation, imprisonment or detention. (1) Where a person subject to this Act is sentenced by a court-martial to transportation, imprisonment or detention, the
Central Government, 1[the Chief of the Air Staff], or any officer empowered to convene a general or a summary general court-martial may suspend the sentence whether or not the offender has already been committed to prison or to air force custody.

(2) The authority or officer specified in sub-section (1) may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or to air force custody.

(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted.

181.Orders pending suspension.

181.Orders pending suspension. A confirming officer may, when confirming any sentence referred to in section 180, direct that the offender be not committed to prison or to air force custody until the orders of the authority or officer specified in section 180 have been obtained.

182.Release in suspension.

182.Release in suspension. Where a sentence is suspended under section 180, the offender shall forthwith be released from custody.

183.Computation of period of suspension.

183.Computation of period of suspension. Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.

184.Order after suspension.

184.Order after suspension. The authority or officer specified in section 180 may, at any time while a sentence is suspended, order-

(a) that the offender be committed to undergo the unexpired portion of the sentence, or

(b) that the sentence be remitted.

185.Reconsideration of case after suspension.

185.Reconsideration of case after suspension. (1) Where a sentence has been suspended, the case may at any time, and shall, at intervals of not more than four months, be reconsidered by the authority or officer specified in section 180, or by any

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and sch, for ” the Commander-in-
Chief “.
———————————————————————-

202.air or other officer not below the rank of squadron leader duly authorised by the authority or officer specified in section 180.

(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 180.

186.Fresh sentence after suspension.

186.Fresh sentence after suspension. Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then-

(a) if the further sentence is also suspended under this
Act, the two sentences shall run concurrently;

(b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or air force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and

(c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 184 or section 185, continue to be suspended.

187.Scope of power of suspension.

187.Scope of power of suspension. The powers conferred by sections 180 and 184 shall be in addition to and not in derogation of, the power of mitigation, remission and commutation.

188.Effect of suspension and remission on dismissal.

188.Effect of suspension and remission on dismissal. (1) Where in addition to any other sentence the punishment of dismissal has been awarded by a court-martial, and such other sentence is suspended under section 180, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 180.

(2) If such other sentence is remitted under section 184, the punishment of dismissal shall also be remitted.

CHAPTER XVRULES

 

189.Power to make rules. (1) The Central Government may make rules for the purpose of carrying into effect the provisions of this
Act.

———————————————————————-
1 See The Indian Air Force Act Rules, 1950, Gazette of India, Extraordinary, 1950, Pt. II, sec. 4, p. 7. By rule 13 of these Rules all rules made before the commencement of this Act so far as they are not inconsistent with this Act and with certain exceptions continue in force.
———————————————————————-

203.(2) Without prejudice to the generality of the power conferred by sub-section (1), the rules made thereunder may provide for-

(a) the removal, retirement, release or discharge from the service of persons subject to this Act ;

(b) the amount and incidence of fines to be imposed under section 90 ;

(c) the specification of the punishment which may be awarded as field punishments under sections 77 and 82 ;

(d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts ;

(e) the convening and constituting of courts-martial and the appointment of prosecutors at trials by courts-martial;

(f) the adjournment, dissolution and sitting of courts-
martial;

(g) the procedure to be observed in trials by courts-
martial and the appearance of legal practitioners thereat ;

(h) the confirmation, revision and annulment of, and petitions against the findings and sentences of courts-
martial;

(i) the carrying into effect of sentences or courts-martial;

(j)the forms of orders to be made under the provisions of this
Act relating to courts-martial, transportation, imprisonment and detention;

(k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provision should be made for dependants under section 100 and the due carrying out of such decisions ;

(l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non-commis-
sioned officers of the regular Army, Navy and Air Force when acting together;

(m) any other matter directed by this Act to be prescribed.

190.

Power to make regulations.

190.Power to make regulations. The Central Government may make regulations for all or any of the purposes of this Act other than those specified in section 189.

204.191.Publication of rules and regulations in Gazette.

191.Publication of rules and regulations in Gazette. All rules and regulations made under this Act shall be published in the Official
Gazette and, on such publication, shall have effect as if enacted in this Act.

1[191A.Laying of rules and regulations before
Parliament. Every rule and every regulation made under this
Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both
Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be;
no, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.]

192.Repeal.

192. [Repeal.] Rep. by the Repealing and Amending Act, 1957 (36.of 1957), s. 2 and Sch. I.

CHAPTER XVITRANSITORY PROVISIONS

 

193.Definition of “British officer”.

193.Definition of “British officer”. (1) In this Chapter “British officer” means a person of non-Indian domicile holding a commission in
His Majestys Air Forces and serving in the Air Force.

(2) The expression ” superior officer ” in this Act shall be deemed to include a British officer.

194.Powers of British officer.

194.Powers of British officer. A British officer shall have all the powers conferred by this Act on an officer of corresponding rank or holding a corresponding appointment.

THE ANTI-HIJACKING ACT, 1982

CHAPTER I – PRELIMINARY

1.Short title, extent, application and commencement.- (1)This Act may be called the Anti-Hijacking Act, 1982.

(2)It extends to the whole of India and, save as otherwise provided in this Act, it applies also to any offence thereunder committed outside India by any person.

(3)It shall come into force on such date{15 -1- 1982 :vide Notification No.S.O.798(E), dated 12-11-1982 , Gazette of India , extraordinary ,Pt.II, Sec.3 (ii) } as the Central Government may, by notification in the Official Gazette, appoint.

2.Definitions.- In this Act, unless the context otherwise requires,–

(a)aircraft: means any aircraft, whether or not registered in India, other than a military aircraft or an aircraft used in customs or police service;

(b)aircraft registered in India means an aircraft which is for the time being registered in India;

(c)Convention country means a country in which the Hague Convention is for the time being in force;

(d)Hague Convention means the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on the 16th day of December, 1970;

(e)military aircraft means an aircraft of the naval, military, airforce or any other armed forces of any country and includes every aircraft commanded for the time being by a person in any such force detailed for the purpose.

CHAPTER II – HIJACKING AND CONNECTED OFFENCES

3.Hijacking.- (1)Whoever on board an aircraft in flight, unlawful, by force or threat of force or by any other form of intimidation, seizes or exercises control of that aircraft, commits the offence of hijacking of such aircraft.

(2)Whoever attempts to commit any of the acts referred to in sub-section (1) in relation to any aircraft, or abets the commission of any such act, shall also be deemed to have committed the offence of hijacking of such aircraft.

(3)For the purposes of this section, an aircraft shall be deemed to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation and in the case of a forced landing, the flight shall be deemed to continue until the competent authorities of the country in which such forced landing takes place take over the responsibility for the aircraft and for persons and property on board.

4.Punishment for hijacking.- Whoever commits the offence of hijacki9ng shall be punished with imprisonment for life and shall also be liable to fine.

5.Punishment for acts of violence connected with hijacking.- Whoever, being a person committing the offence of hijacking of an aircraft, commits, in connection with such occurrence, any act of violence against any passenger or member of the crew of such aircraft, shall be punished with the same punishment with which he would have been punishable under any law for the time being in force in India if such act had been committed in India.

6.Jurisdiction.- (1)Subject to the provisions of sub-section (2), where an offence under section 4 or section 5 is committed outside India, the person committing such offence may be dealt with in respect thereof as if such offence had been committed at any place within India at which he may be found.

(2)No court shall take cognisance of an offence punishable under section 4 or section 5 which is committed outside India unless—

(a)such offence is committed on board an aircraft registered in India;

(b)such offence is committed on board an aircraft which is for the time being leased without crew to a lessee who has his principal place of business or where he has no such place of business, his permanent residence in India; or

(c)the alleged offender is a citizen of India or is on board the aircraft in relation to which such offence is committed when it lands in India or is found in India.

CHAPTER III – MISCELLANEOUS 

7.Provisions as to extradition.- (1)The offences under section 4 and section 5 shall be deemed to have been included as extractable offences and provided of in all the extradition treaties made by India with Convention countries and which extend to, and are binding on, India on the date of commencement of this Act.

 

(2)For the purposes of the application of the Extradition Act, 1962 to offences under this Act, any aircraft registered in a Convention country shall, at any time while that aircraft is in flight, be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country.

8.Contracting parties to Convention.-The Central Government may, by notification in the Official Gazette, certify as to who are the contracting parties to the Hague Convention and to what extent they have availed themselves of the provisions of the Convention, and any such notification shall be conclusive evidence of the matters certified therein.

9.Power to treat certain aircraft to be registered in Convention countries.- If the Central Government is satisfied that the requirements of Article 5 of the Hague Convention have been satisfied in relation to any aircraft, it may, by notification in the Official Gazette, direct that such aircraft shall, for the purposes of this Act, be treated as registered in such Convention country as may be specified in the notification.

10.Previous sanction necessary for prosecution.- No prosecution for an offence under this Act shall be instituted except with the previous sanction of the Central Government.

11.Protection of action taken in good faith.- (1)No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act.

(2)No suit or other legal proceeding shall lie against the Central Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act.

THE ARMED FORCES (EMERGENCY DUTIES) ACT, 1947

An Act to enable duties in collection with vital services to be imposed in an emergency on the Armed Forces 2 * * *

WHEREAS it is expedient to enable duties in connection with vital services to be imposed in an emergency on the Armed Forces 2* * *;

It is hereby enacted as follows :-

1.Short title and extent.

1. Short title and extent. 3* This Act may be called the Armed
Forces (Emergency Duties) Act, 1947.3* * * * *

2.Emergency duties of Armed Forces.

2. Emergency duties of Armed Forces. (1) The Central
Government may, by notification in the Official Gazette, declare any specified service 4[in a State] to be a service of vital importance to the community:

Provided that such notification shall remain in force for one month in the first instance, but may be extended, from time to time, by a like notification.

(2) Upon a declaration being made under sub-section (1) and until it is rescinded, it shall be the duty of every person subject to
5[the Army Act, 1950, (46 of 1950.) or the Air Force Act, 1950], (45.of 1950.) or 6* * * * 7[the Navy Act, 1957], (62 of 1957.) to obey any command given by any superior officer in relation to employment upon or in connection with the service specified in the declaration;
and every such command shall be deemed to be

———————————————————————-

1 The Act was extended to the new Provinces and merged States by the Merged States (Laws) Act, 1949 (59 of 1949), s. 3 and Sch. and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C
States (Laws) Act, 1950 (30 of 1950), s. 3.This Act has been extended to-
Goa. Daman and Diu with modifications by Reg. 12 of 1962, s. 3.and Sch. and comes into force in Pondicherry vide Reg. 7 of 1963, s. 3.and Sch. I (w.e.f. 1-10-1963),

and brought into force in Dadra and Nagar Haveli by Reg. 6 of
1963, s. 2 and Sch. I (w.e.f. 1-7-1965).

Lakshadweep vide Reg 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1967).

2 The words “of the Crown” were omitted by the A. O. 1950.

3 The brackets and figure “(1)” and sub-section (2) rep. by Act 4.of 1948, s. 2.4 Subs. by Act 3 of 1951, s. 3 and Sch., for “in a Part A State or a Part C “.

State or, if so requested by the Government of a Part B State, any specified service in that State.

5 Subs ibid., for “the Indian Army Act, 1911, or the Indian Air
Force Act, 1932”.

6 The words “the Naval Discipline Act, in the form in which it is set forth in the First Schedule to” rep. by the A. O. 1950.

7 Subs. by Act 58 of 1960. s. 3 and Sch. II. for “the Indian
Navy (Discipline) Act, 1934”.

————————————————————————
a lawful command within the meaning and for the purposes of the said
Acts.

3.Validation of certain past commands.

3. Validation of certain past commands. Every command given, after the 30th day of September, 1946, and before the commencement of this Act, to any person referred to in sub-section (2) of section 2 by any superior officer in relation to employment upon or in connection with any such service as the Central Government may, by notification in the Official Gazette, specify in this behalf, shall be deemed to have been a lawful command within the meaning and for the purposes of the Acts referred to in that sub-section, so however that no such person shall be punished by reason only of his not having obeyed any such command.

THE ARMS ACT, 1959

THE ARMS ACT, 1959.ACT NO. 54 OF 1959.[23rd December, 1959.]
An Act to consolidate and amend the law relating to arms and ammunition.

CHAPTER IPRELIMINARY

 

1. Short title, extent and commencement.- (1) This Act may be called the Arms Act, 1959.(2) It extends to the whole of India.

(3) It shall come into force on such date 1* as the Central
Government may, by notification in the Official Gezette, appoint.

2. Definition and interpretation.- (1) In this Act, unless the context otherwise requires,–

(a) “acquisition”, with its grammatical variations and cognate expressions, includes hiring, borrowing, or accepting as a gift;

(b) “ammunition” means ammunition for any firearm, and includes–

(i) rockets, bombs, grenades, shells [and other missiles] 2*

(ii) articles, designed for torpedo service and submarine mining,

(iii) other articles containing, or designed or adapted to contain, explosive, fulminating or fissionable material or noxious liquid, gas or other such thing, whether capable of use with firearms or not,
———————————————————————
1. 1st October, 1962, vide Notification No. G.S.R. 992, dated 13-7-
1962, see Gazette of India, Pt. II, Sec. 3(i), p. 1092.This Act has been extended to–
Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3.and Sch.; and comes into force in Pondicherry vide Reg. 7 of 1963, s.
3 and Sch. I (w.e.f. 1-10-1963)
and brought into force in Dadra and Nagar Haveli by Reg. 6 of
1963, s. 2 and Sch. I (w.e.f. 1-7-1965)
Sikim vide Notification No. G.S.R. 461 (E), dated 21-7-1976.(w.e.f. 1-8-1976).
2. Subs. by Act 42 of 1988, s. 2, for ” and other like missiles”
(w.e.f. 27-5-1988).

34.(iv) charges for firearms and accessories for such charges,

(v) fuses and friction tubes,

(vi) parts of, and machinery for manufacturing ammunition, and

(vii) such ingredients of ammunition as the
Central Government may, by notification in the
Official Gazette, specify in this behalf;

(c) “arms” means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharpedged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;

1*[(d) “district magistrate”, in relation to any area for which a Commissioner of Police has been appointed, means the Commissioner of Police thereof and includes any such Deputy Commissioner of Police, exercising jurisdiction over the whole or any part of such area, as may be specified by the State Government in this behalf in relation to such area or part;]

(e) “firearms” means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy, and includes–

(i) artillery, hand-grenades, riot-pistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas or other such thing,

(ii) accessories for any such firearm designed or adapted to diminish the noise or flash caused by the firing thereof,

(iii) parts of, and machinery for manufacturing, firearms, and

(iv) carriages, platforms and appliances for mounting, transporting and serving artillery.
———————————————————————
1. Subs. by Act 55 of 1971, s. 2, for the former cl. (d) (w.e.f. 13-
12-1971).

34A

(f) “licensing authority” means an officer or authority empowered to grant or renew licences under rules made under this Act, and includes the Government;

1*[(ff) “magistrate” means an Executive Magistrate under the
Code of Criminal Procedure, 1973 (2 of 1974);]

(g) “prescribed” means prescribed by rules made under this
Act,

(h) “prohibited ammunition” means any ammunition containing or designed or adapted to contain, any noxious liquid, gas or other such thing, and includes rockets, bombs, grenades, shells, 2*[missiles] articles designed for torpedo service and submarine mining and such other articles as the Central Government may, by notification in the Official Gazette, specify to be prohibited ammunition;

(i) “prohibited arms” means–

(i) firearms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be dis-
———————————————————————
1. Ins. by Act 25 of 1983, s. 2 (w.e.f. 22-6-1983).
2. Ins. by Act 42 of 1988, s. 2 (w.e.f. 27-5-1988).

35.charged until pressure is removed from the trigger or the magazine containing the missiles is empty, or

(ii) weapons of any description designed or adapted for the discharge of any noxious liquid, gas or other such thing,

and includes artillery, anti-aircraft and anti-tank firearms and such other arms as the Central Government may, by notification in the
Official Gazette, specify to be prohibited arms;

(j) “public servant” has the same meaning as in section 21.of the Indian Penal Code; (45 of 1860.)

(k) “transfer”, with its grammatical variations and cognate expressions, includes letting on hire, lending, giving and parting with possession.

(2) For the purposes of this Act, the length of the barrel of a firearm shall be measured from the muzzle to the point at which the charge is exploded on firing.

(3) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

(4) Any reference in this Act to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Central Government by notification in the Official Gazette.

CHAPTER IIACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT AND TRANSPORT OF ARMS AND AMMUNITION


3. Licence for acquisition and possession of fire-arms and ammunition.-1*[(1) No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:

 

Provided that a person may, without himself holding a licence, carry any firearm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder.

2*[(2) Notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry, at any time, more than three firearms:

Provided that a person who has in his possession more firearms than three at the commencement of the Arms (Amendment) Act, 1983, may retain with him any three of such firearms and shall deposit, within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section
21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-
section.

(3) Nothing contained in sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice.

(4) The provisions of sub-sections (2) to (6) (both inclusive) of section 21 shall apply in relation to any deposit of firearms under the proviso to sub-section (2) as they apply in relation to the deposit of any arm or ammunition under sub-section (1) of that section.”]
———————————————————————
1. S. 3 renumbered as sub-section (1) by Act 25 of 1983, s. 3 (w.e.f.
22-6-83).
2. Ins. by s. 3, ibid. (w.e.f. 22-6-1983).

36.4.Licence for acquisition and possession of arms of specifieddescription in certain cases.

4. Licence for acquisition and possession of arms of specified description in certain cases.- If the Central Government is of opinion that having regard to the circumstances prevailing in any area it is necessary or expedient in the public interest that the acquisition, possession or carrying of arms other than firearms should also be regulated, it may, by notification in the Official Gazette, direct that this section shall apply to the area specified in the notification, and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be specified in that notification unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder.

5.Licence for manufacture, sale, etc., of arms and ammunition.

5. Licence for manufacture, sale, etc., of arms and ammunition.
1*[(1)] No person shall–

(a) 2*[use, manufacture] sell, transfer, convert, repair, test or prove, or

(b) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof,

any firearm or any other arms of such class or description as may be prescribed or any ammunition, unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:

3* * * * *

4*[(2) Notwithstanding anything contained in sub-section (1) a person may, without holding a licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own private use to another person who is entitled by virtue of this Act or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having in his possession such arms or ammunition:

Provided that no firearm or ammunition in respect of which a licence is required under section 3 and no arms in respect of which a licence is required under section 4 shall be so sold or transferred by any person unless–

(a) he has informed in writing the district magistrate having jurisdiction or the officer in charge of the nearest police station of his intention to sell or transfer such firearms, ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms, ammunition or the other arms, and

(b) a period of not less than forty-five days has expired after the giving of such information.]

6.Licence for the shortening of guns or conversion of imitation firearmsinto firearms.

6. Licence for the shortening of guns or conversion of imitation firearms into firearms.- No person shall shorten the barrel of a firearm or convert an imitation firearm into a firearm unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder.
———————————————————————
1. S. 5 renumbered as sub-section (1) by Act 25 of 1983, s. 4 (w.e.f.
22-6-1983).
2. Subs. by Act 42 of 1988, s. 3, for “manufaacture” (w.e.f.
27-5-1988).

3. The proviso omitted by Act 25 of 1983, s. 4 (w.e.f. 22-6-83).
4. Ins. by s.4, ibid. (w.e.f. 22-6-1983).

37.Explanation.–In this section, the expression “imitation firearm”
means anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or not.

7.Prohibition of acquisition or possession, or of manufacture or sale,of prohibited arms or prohibited ammunition.

7. Prohibition of acquisition or possession, or of manufacture or sale, of prohibited arms or prohibited ammunition. No person shall–

(a) acquire, have in his possession or carry; or

(b) 2*[use, manufacture] sell, transfer, convert, repair, test or prove; or

(c) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof;

any prohibited arms or prohibited ammunition unless he has been specially authorised by the Central Government in this behalf.

8.Prohibition of sale or transfer of firearms not bearing identificationmarks.

8. Prohibition of sale or transfer of firearms not bearing identification marks.-(1) No person shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a firearm.

(2) No person shall sell or transfer any firearm which does not bear the name of the maker, manufacturers number or other identification mark stamped or otherwise shown thereon in a manner approved by the Central Government.

(3) Whenever any person has in his possession any firearm without such name, number or other identification mark or on which such name, number or other identification mark has been obliterated, removed, altered or forged, it shall be presumed unless the contrary is proved, that he has obliterated, removed, altered or forged that name, number or other identification mark:

Provided that in relation to a person who has in his possession at the commencement of this Act any firearm without such name, number or other identification mark stamped or otherwise shown thereon, the provisions of this sub-section shall not take effect until after the expiration of one year from such commencement.

9.Prohibition of acquisition or possession by, or of sale or transferto, young persons and certain other persons of firearms, etc.

9. Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc.-
(1) Notwithstanding anything in the foregoing provisions of this Act,-

(a) no person,–

(i) who has not completed the age of 2*[twenty-one years], or
———————————————————————
1. Subs. by Act 42 of 1988, s. 4, for “maanufacture” (w.e.f.
27-5-1988).
2. Subs. by Act 25 of 1983, s. 5, for “seventeen yeay” (w.e.f.
22-6-1983).

38.(ii) who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for 1*[any term], at any time during a period of five years after the expiration of the sentence, or

(iii) who has been ordered to execute under Chapter
VIII of the 1*[Code of Criminal Procedure, 1973.(2 of 1974),] a bond for keeping the peace or for good behaviour, at any time during the term of the bond,

shall acquire, have in his possession or carry any firearm or ammunition;

(b) no person shall sell or transfer any firearm or ammunition to, or convert, repair, test or prove any firearm or ammunition for, any other person whom he knows, or has reason to believe–

(i) to be prohibited under clause (a) from acquiring, having in his possession or carrying any firearm or ammunition, or

(ii) to be of unsound mind at the time of such sale or transfer, or such conversion, repair, test or proof.

(2) Notwithstanding anything in sub-clause (i) of clause (a) of sub-section (1), a person who has attained the prescribed age-limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms:

Provided that different age-limits may be prescribed in relation to different types of firearms.

10.Licence for import and export of arms, etc.

10. Licence for import and export of arms, etc.-(1) No person shall bring into, or take out of, India by sea, land or air any arms or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:

Provided that–

(a) a person who is entitled by virtue of this Act or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having, in his possession any arms or ammunition, may without a licence in this behalf bring into, or take out of, India
———————————————————————
1. Subs. by Act 25 of 1983, s. 5, for certain words (w.e.f.
22-6-1983).

39.such arms or ammunition in reasonable quantities for his own private use;

(b) a person being a bona fide tourist belonging to any such country as the Central Government may, by notification in the Official Gazette, specify, who is not prohibited by the laws of that country from having in his possession any arms or ammunition, may, without a licence under this section but in accordance with such conditions as may be prescribed, bring with him into
India arms and ammunition in reasonable quantities for use by him for purposes only of sport and for no other purpose;

Explanation.–For purposes of clause (b) of this proviso, the word “tourist” means a person who not being a citizen of India visits India for a period not exceeding six months with no other object than recreation, sight-seeing, or participation in a representative capacity in meetings convened by the Central Government or in international conferences, associations or other bodies.

(2) Notwithstanding anything contained in the proviso to sub-
section (1), where the collector of customs or any other officer empowered by the Central Government in this behalf has any doubt as to the applicability of clause (a) or clause (b) of that proviso to any person who claims that such clause is applicable to him, or as to the reasonableness of the quantities of arms or ammunition in the possession of any person referred to in such clause, or as to the use to which such arms or ammunition may be put by such person, may detain the arms or ammunition in the possession of such person until he receives the orders of the Central Government in relation thereto.

(3) Arms and ammunition taken from one part of India to another by sea or air or across any intervening territory not forming part of
India, are taken out of, and brought into, India within the meaning of this section.

11.Power to prohibit import or export of arms, etc.

11. Power to prohibit import or export of arms, etc.- The Central
Government may, by notification in the Official Gazette, prohibit the bringing into, or the taking out of, India, arms or ammunition of such classes and descriptions as may be specified in the notification.

40

12.Power to restrict or prohibit transport of arms.

12. Power to restrict or prohibit transport of arms.- (1) The
Central Government may, by notification in the Official Gazette,–

(a) direct that no person shall transport over India or any part thereof arms or ammunition of such classes and descriptions as may be specified in the notification unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made there-under; or

(b) prohibit such transport altogether.

(2) Arms or ammunition trans-shipped at a seaport or an airport in India are transported within the meaning of this section.

CHAPTER IIIPROVISIONS RELATING TO LICENCES

 

13. Grant of licences.- (1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.

1*[(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.

(2A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this
Chapter, by order in writing either grant the licence or refuse to grant the same:

Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.]

(3) The licensing authority shall grant–

(a) a licence under section 3 where the licence is required-

(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection:

Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or

(ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle
———————————————————————
1. Subs. by Act 25 of 1983, s. 6, for sub-section (2) (w.e.f.
22-6-1983).

41.club or rifle association licensed or recognised by the Central Government;

(b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.

14.Refusal of licences.

14. Refusal of licences.-(1) Notwithstanding anything in section
13, the licensing authority shall refuse to grant–

(a) a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition;

(b) a licence in any other case under Chapter II,–

(i) where such licence is required by a person whom the licensing authority has reason to believe–

(1) to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or

(2) to be of unsound mind, or

(3) to be for any reason unfit for a licence under this Act;
or

(ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence.

(2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.

(3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.

15.Duration and renewal of licence.

15. Duration and renewal of licence.-(1) A licence under section
3 shall, unless revoked earlier, continue in force for a period of three years from the date on which it is granted:

Provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the

42.licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period.

(2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in force for such period from the date on which it is granted as the licensing authority may in each case determine.

(3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof.

16.Fees, etc., for licence.

16. Fees, etc., for licence.- The fees on payment of which, the conditions subject to which and the form in which a licence shall be granted or renewed shall be such as may be prescribed:

Provided that different fees, different conditions and different forms may be prescribed for different types of licences:

Provided further that a licence may contain in addition to prescribed conditions such other conditions as may be considered necessary by the licensing authority in any particular case.

17.Variation, suspension and revocation of licences.

17. Variation, suspension and revocation of licences.- (1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence-holder by notice in writing to deliver-up the licence to it within such time as may specified in the notice.

(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed.

(3) The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence,–

(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or

43.(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or

(c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or

(d) if any of the conditions of the licence has been contravened; or

(e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-
up the licence.

(4) The licensing authority may also revoke a licence on the application of the holder thereof.

(5) Where the licensing authority makes an order varying a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.

(6) The authority to whom the licensing authority is subordinate may by order in writing suspend or revoke a licence on any ground on which it may be suspended or revoked by the licensing authority; and the foregoing provisions of this section shall, as far as may be, apply in relation to the suspension or revocation of a licence by such authority.

(7) A court convicting the holder of a licence of any offence under this Act or the rules made thereunder may also suspend or revoke the licence:

Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void.

(8) An order of suspension or revocation under sub-section (7)
may also be made by an appellate court or by the High Court when exercising its powers of revision.

(9) The Central Government may, by order in the Official Gazette, suspend or revoke or direct any licensing authority to suspend or revoke all or any licences granted under this Act throughout India or any part thereof.

44.(10) On the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation.

18.Appeals.

18. Appeals.- (1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority or the authority to whom the licensing authority is subordinate, suspending or revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed:

Provided that no appeal shall lie against any order made by or under the direction of, the Government.

(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:

Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The period prescribed for an appeal shall be computed in accordance with the provisions of the Indian Limitation Act, 1908 (9.of 1908), with respect to the computation of periods of limitation thereunder.

(4) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished to the appellant and by such fee as may be prescribed.

(5) In disposing of an appeal the appellate authority shall follow such procedure as may be prescribed:

Provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.

(6) The order appealed against shall, unless the appellate authority conditionally or unconditionally directs otherwise, be in force pending the disposal of the appeal against such order.

(7) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.

CHAPTER IVPOWERS AND PROCEDURE

 

19. Power to demand production of licence, etc.- (1) Any police officer or any other officer specially empowered in this behalf by the
Central Government may demand the production of his licence from any person who is carrying any arms or ammunition.

(2) If the person upon whom a demand is made refuses or fails to produce the licence or to show that he is entitled by virtue of this
Act or any other law for the time being in force to carry such arms or ammunition without a licence, the officer concerned may require him to give his name and address and if such officer considers it necessary, seize from that person the arms or ammunition which he is carrying.

(3) If that person refuses to give his name and address or if the officer concerned suspects that person of giving a false name or address or of intending to abscond, such officer may arrest him without warrant.

20.Arrest of persons conveying arms, etc., under suspiciouscircumstances.

20. Arrest of persons conveying arms, etc., under suspicious circumstances.- Where any person is found carrying or conveying any arms or ammunition whether covered by a licence or not, in such manner or under such circumstances as to afford just grounds of suspicion that the same are or is being carried by him with intent to use them, or that the same may be used, for any unlawful purpose, any magistrate, any police officer or any other public servant or any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, may arrest him without warrant and seize from him such arms or ammunition.

21.Deposit of arms, etc., on possession ceasing to be lawful.

21. Deposit of arms, etc., on possession ceasing to be lawful.-
(1) Any person having in his possession any arms or ammunition the possession whereof has, in consequence of the expiration of the duration of a licence or of the suspension or revocation of a licence or by the issue of a notification under section 4 or by any reason whatever, ceased to be lawful, shall without unnecessary delay deposit the same either with the officer in charge of the nearest police station or subject to such conditions as may be prescribed, with a licensed dealer or where such person is a member of the armed forces of the Union, in a unit armoury.

Explanation.–In this sub-section “unit armoury” includes an armoury in a ship or establishment of the Indian Navy.

(2) Where arms or ammunition have or has been deposited under sub-section (1), the depositor or in the case of his death, his legal

46.representative, shall, at any time before the expiry of such period as may be prescribed, be entitled–

(a) to receive back anything so deposited on his becoming entitled by virtue of this Act or any other law for the time being in force to have the same in his possession, or

(b) to dispose, or authorise the disposal, of anything so deposited by sale or otherwise to any person entitled by virtue of this Act or any other law for the time being in force to have, or not prohibited by this Act or such other law from having, the same in his possession and to receive the proceeds of any such disposal:

Provided that nothing in this sub-section shall be deemed to authorise the return or disposal of anything of which confiscation has been directed under section 32.(3) All things deposited and not received back or disposed of under sub-section (2) within the period therein referred to shall be forfeited to Government by order of the district magistrate:

Provided that in the case of suspension of a licence no such forfeiture shall be ordered in respect of a thing covered by the licence during the period of suspension.

(4) Before making an order under sub-section (3) the district magistrate shall, by notice in writing to be served upon the depositor or in the case of his death, upon his legal representative, in the prescribed manner, require him to show cause within thirty days from the service of the notice why the things specified in the notice should not be forfeited.

(5) After considering the cause, if any, shown by the depositor or, as the case may be, his legal representative, the district magistrate shall pass such order as he thinks fit.

(6) The Government may at any time return to the depositor or his legal representative things forfeited to it or the proceeds of disposal thereof wholly or in part.

22.Search and seizure by magistrate.

22. Search and seizure by magistrate.-(1) Whenever any magistrate has reason to believe–

(a) that any person residing within the local limits of his jurisdiction has in his possession any arms or ammunition for any unlawful purpose, or

(b) that such person cannot be left in the possession of any arms or ammunition without danger to the public peace or safety.

47.the magistrate may, after having recorded the reasons for his belief, cause a search to be made of the house or premises occupied by such person or in which the magistrate has reason to believe that such arms or ammunition are or is to be found and may have such arms or ammunition, if any, seized and detain the same in safe custody for such period as he thinks necessary, although that person may be entitled by virtue of this Act or any other law for the time being in force to have the same in his possession.

(2) Every search under this section shall be conducted by or in the presence of a magistrate or by or in the presence of some officer specially empowered in this behalf by the Central Government.

23.Search of vessels, vehicles for arms, etc.

23. Search of vessels, vehicles for arms, etc,.- Any magistrate, any police officer or any other officer specially powered in this behalf by the Central Government, may for the purpose of ascertaining whether any contravention of this Act or the rules made thereunder is being or is likely to be committed, stop and search any vessel, vehicle or other means of conveyance and seize any arms or ammunition that may be found therein along with such vessel, vehicle or other means of conveyance.

24.Seizure and detention under orders of the Central Government.

24. Seizure and detention under orders of the Central Government.-
The Central Government may at any time order the seizure of any arms or ammunition in the possession of any person, notwithstanding that such person is entitled by virtue of this Act or any other law for the time being in force to have the same in his possession, and may detain the same for such period as it thinks necessary for the public peace and safety.

24A.

Prohibition as to possession of notified arms in disturbed areas, etc.

1*[24A. Prohibition as to possession of notified arms in disturbed areas, etc. (1) Where the Central Government is satisfied that there is extensive disturbance of public peace and tranquillity or imminent danger of such disturbance in any area and that for the prevention of offences involving the use of arms in such area, it is necessary or expedient so to do, it may by notification in the
Official Gazette–

(a) specify the limits of such area;

(b) direct that before the commencement of the period specified in the notification (which period shall be a period commencing from a date not earlier tan the fourth day after the date of publication of the notification in the Official Gazette), every person having in his possession in such area any arms of such description as may be specified in the notification (the arms so specified being hereafter in this section referred to as notified arms), shall deposit the same before such commencement in accordance with the provisions of section 21 and for this purpose the possession by such person of any notified arms shall, notwithstanding anything contained in any other provision of this
Act (except section 41) or in any other law for the time being in force, as from the date of publication of such notification in the Official Gazette be deemed to have ceased to be lawful;

(c) declare that as from the commencement of, and until the expiry of, the period specified in the notification, it shall not be lawful for any person to have in his possession in such area any notified arms;

(d) authorise any such officer subordinate to the Central
Government or a State Government as may be specified in the notification,–

(i) to search at any time during the period specified in the notification any person in, or passing through, or any premises in, or any animal or vessel or vehicle or other conveyance of whatever nature in or passing through, or any receptacle or other container of whatever nature in, such area if such officer has reason to believe that any notified arms are secreted by such person or in such premises or on such animal or in such vessel, vehicle or other conveyance or in such receptacle or other container;

(ii) to seize at any time during the period specified in the notification any notified arms in the possession of any person in such area or discovered through a search under sub-clause (i), and detain the same during the period specified in the notification.

(2) The period specified in a notification issued under sub-
section (1) in respect of any area shall not, in the first instance, exceed ninety days, but the Central Government may amend such notification to extend such period from time to time by any period not exceeding ninety days at any one time if, in the opinion of that
Government, there continues to be in such area such disturbance of public peace and tranquillity as is referred to in sub-section (1) or imminent danger thereof and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do.

(3) The provisions of the Code of Criminal Procedure, 1973 (2 of
1973), relating to searches and seizures shall, so far as may be, apply to any search or seizure made under sub-section (1).

(4) For the purposes of this section,–

(a) “arms” includes ammunition;

(b) where the period specified in a notification, as originally issued under sub-section (1), is extended under sub-
section (2), then, in relation to such notification, references in sub-section (1) to “the period specified in the notification”
shall be construed as references to the period as so extended.

24B.

Prohibition as to carrying of notified arms or through publicplaces in disturbed areas ect.

24B. Prohibition as to carrying of notification arms or through public places in disturbedareas etc. (1) Where the Central Government is satisfied that there is extensive disturbance of public peace and tranquillity or imminent danger of such disturbance in any area and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do, it may, by notification in the Official Gazette,–

(a) specify the limits of such area;

(b) direct that during the period specified in the notification (which period shall be a period commencing from a date not earlier than the second day after the date of publication of the notification in the Official Gazette), no person shall carry or otherwise have in his possession any arms of such description as may be specified in the notification (the arms so specified being hereafter in this section referred to as notified arms) through or in any public place in such area;

(c) authorise any such officer subordinate to the Central
Government or a State Government as may be specified in the notification,–

(i) to search at any time during the period specified in the notification any person in, or passing through, or any premises in or forming part of, or any animal or vessel or vehicle or other conveyance of whatever nature in or passing through, or any receptacle or other container of whatever nature in, any public place in such area if such officer has reason to believe that any notified arms are secreted by such person or in such premises or on such animal or in such vessel, vehicle or other conveyance or in such receptacle or other container;

(ii) to seize at any time during the period specified in the notification any notified arms being carried by or otherwise in the possession of any person, through or in a public place in such area or discovered through a search under sub-clause (i), and detain the same during the period specified in the notification.

(2) The period specified in a notification issued under sub-
section (1) in respect of any area shall not, in the first instance, exceed ninety days, but the Central Government may amend such notification to extend such period from time to time by any period exceeding ninety days at any one time if, in the opinion of that
Government, there continues to be in such area such disturbance of public peace and tranquillity as is referred to in sub-section (1) or imminent danger thereof and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do.

(3) The provisions of the Code of Criminal Procedure, 1973.(2 of 1974) relating to searches and seizures shall, so far as may be, apply to any search or seizure made under sub-section (1).

(4) For the purposes of this section,–

(a) “arms” includes ammunition;

(b) “public place” means any place intended for use by, or accessible to, the public or any section of the public; and

(c) where the period specified in a notification, as originally issued under sub-section (1), is extended under sub-
section (2), then, in relation to such notification, references in sub-section (1) to “the period specified in the notification”
shall be construed as references to the period as so extended.]

CHAPTER VOFFENCES AND PENALTIES

 

25. Punishment for certain offences. 2*[(1) Whoever–

(a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or

(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6;
or

3* * * * *

(d) brings into, or takes out of, India, any arms or ammunition of any class or description in contravention of section 11.shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

5*[(1AAA)] Whoever has in contravention of a notification issued under section 24A in his possession or in contravention of a notification issued under section 24B carries or otherwise has in his possession, any arms or ammunition shall be punishable with imprisonment for a term which shall not be less than 6*[three years, but which may extend to seven years] and shall also be liable to fine.

(1B) Whoever–

(a) acquires, has in his possession or carries any firearm or ammunition in contravention of section 3; or

(b) acquires, has in his possession or carries in any place specified by notification under section 4 any arms of such class or description as has been specified in that notification in contravention of that section; or

(c) sells or transfers any firearm which does not bear the name of the maker, manufacturers number or other identification mark stamped or otherwise shown thereon as required by sub-
section (2) of section 8 or does any act in contravention of sub-
section (1) of that section; or

(d) being a person to whom sub-clause (ii) or sub-clause
(iii) of clause (a) of sub-section (1) of section 9 applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section; or

(e) sells or transfers, or converts, repairs, tests or proves any firearm or ammunition in contravention of clause (b)
of sub-section (1) of section 9; or

(f) brings into, or takes out of, India, any arms or ammunition in contravention of section 10; or

(g) transports any arms or ammunition in contravention of section 12; or

(h) fails to deposit arms or ammunition as required by sub-
section (2) of section 3, or sub-section (1) of section 21; or

(i) being a manufacturer of, or dealer in, arms or ammunition, fails, on being required to do so by rules made under section 44, to maintain a record or account or to make therein all such entries as are required by such rules or intentionally makes a false entry therein or prevents or obstructs the inspection of such record or account or the making of copies of entries therefrom or prevents or obstructs the entry into any premises or other place where arms or ammunition are or is manufactured or kept or intentionally fails to exhibit or conceals such arms or ammunition or refuses to point out where the same are or is manufactured or kept,

shall be punishable with imprisonment for a term which shall not be less than 6*[one year] but which may extend to three years and shall also be liable to fine:

Provided that the Court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than 6*[one year]

7*[(1C) Notwithstanding anything contained in sub-section (1B), whoever commits an offence punishable under that sub-section in any disturbed area shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

Explanation.–For the purposes of this sub-section, “disturbed area” means any area declared to be a disturbed area under any enactment, for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order, and includes any areas specified by notification under section
24A or section 24B.]
———————————————————————
1. Ins. by Act 25 of 1983, s. 7 (w.e.f. 22-6-1983).
2. Subs. by s. 8, ibid., for sub-section (1) (w.e.f. 22-6-1983).
3. Cl. (c) omitted by Act 42 of 1988 s. 5 (w.e.f. 27-5-1988).
4. Ins. by s. 5, ibid. (w.e.f. 27-5-1988).
5. Sub-section (1A) renumbered as sub-section (1AAA) there of by s.5.ibid. (w.e.d. 27-5-1988).
6. Subs. by Act 39 of 1985, s. 2.7. Ins. by s. 2, ibid..

49.(2) Whoever being a person to whom sub-clause (i) of clause (a)
of sub-section (1) of section 9 applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

1*[(3) Whoever sells or transfers any firearm, ammunition or other arms–

(i) without informing the district magistrate having jurisdiction or the officer in charge of the nearest police station, of the intended sale or transfer of that firearm, ammunition or other arms; or

(ii) before the expiration of the period of forty-five days from the date of giving such information to such district magistrate or the officer in charge of the police station,

in contravention of the provisions of clause (a) or clause (b) of the proviso to sub-section (2) of section 5, shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to five hundred rupees, or with both.]

(4) Whoever fails to deliver-up a licence when so required by the licensing authority under sub-section (1) of section 17 for the purpose of varying the conditions specified in the licence or fails to surrender a licence to the appropriate authority under sub-section
(10) of that section on its suspension or revocation shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to five hundred rupees, or with both.

(5) Whoever, when required under section 19 to give his name and address, refuses to give such name and address or gives a name or address which subsequently transpires to be false shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to two hundred rupees, or with both.

26.Secret contraventions.

2*[26. Secret contraventions.- (1) Whoever does any act in contravention of any of the provisions of section 3, 4, 10 or 12 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and also with fine.

(2) Whoever does any act in contravention of any of the provisions of section 5, 6, 7 or 11 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, shall be punishable with imprisonment for a term which shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and also with fine.

(3) Whoever on any search being made under section 22 conceals or attempts to conceal any arms or ammunition, shall be punishable with imprisonment for a term which may extend to ten years and also with fine.]
———————————————————————
1. Subs. by Act 25 of 1983, s. 8, for sub-section (3) (w.e.f.
22-6-1983).
2. Subs. by s. 9, ibid., for s. 26 (w.e.f. 22-6-1983).

50

27.Punishment for using arms, etc.

1*[27. Punishment for using arms, etc.- (1) Whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

(2) Whoever uses any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine.

(3) Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death.]

28.Punishment for use and possession of firearms or imitation firearms incertain cases.

28. Punishment for use and possession of firearms or imitation firearms in certain cases.- Whoever makes or attempts to make any use whatsoever of a firearm or an imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or any other person shall be punishable with imprisonment for a term which may extend to seven years, 4*[and with fine]

Explanation.–In this section the expression “imitation firearm”
has the same meaning as in section 6.29.Punishment for knowingly purchasing arms, etc., from unlicensed personor for delivering arms, etc., to person not entitled to possess thesame.

29. Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering arms, etc., to person not entitled to possess the same.- Whoever–

(a) purchases any firearm or any other arms of such class or description as may be prescribed or any ammunition from any other person knowing that such other person is not licensed or authorised under section 5; or

(b) delivers any arms or ammunition into the possession of another person without previously ascertaining that such other person is entitled by virtue of this Act or any other law for the time being in force to have, and is not prohibited by this Act or such other law from having, in his possession the same;

shall be punishable with imprisonment for a term which may extend to
2*[three years, or with fine, or with both]

30.

Punishment for contravention of licence or rule.

30. Punishment for contravention of licence or rule.- Whoever contravenes any condition of a licence or any provision of this act or any rule made thereunder, for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to 3*[six month], or with fine which may extend to
4*[two thousand] rupees, or with both.
———————————————————————
1. Subs. by Act 42 of 1988, s. 6, for s. 27 (w.e.f. 27-5-1988).
2. Subs. by Act 25 of 1983, s. 10, for certain words (w.e.f.
22-6-1983).
3. Subs. by s. 11 ibid., for certain words (w.e.f. 22-6-1983).
4. Subs. by s. 12, ibid., for certain words (w.e.f. 22-6-1983).

51.31.Punishment for subsequent offences.

31. Punishment for subsequent offences.- Whoever having been convicted of an offence under this Act is again convicted of an offence under this Act shall be punishable with double the penalty provided for the latter offence.

32.Power to confiscate.

32. Power to confiscate.- (1) When any person is convicted under this Act of any offence committed by him in respect of any arms or ammunition, it shall be in the discretion of the convicting court further to direct that the whole or any portion of such arms or ammunition, and any vessel, vehicle or other means of conveyance and any resceptacle or thing containing, or used to conceal, the arms or ammunition shall be confiscated:

Provided that if the conviction is set aside on appeal or otherwise, the order of confiscation shall become void.

(2) An order of confiscation may also be made by the appellate court or by the High Court when exercising its powers of revision.

33.Offences by companies.

33. Offences by companies.-(1) Whenever an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, or was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.–For the purposes of this section,–

(a) “company” means any body corporate, and includes a firm or other association of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

CHAPTER VIMISCELLANEOUS

 

34. Sanction of Central Government for warehousing of arms.-
Notwithstanding anything contained in the 1*[Customs Act, 1962.(52 of 1962)] no arms or ammunition shall be deposited in any ware-
house licensed under 1*[section 58] of that Act without the sanction of the Central Government.

35.Criminal responsibility of persons in occupation of premises incertain cases.

35. Criminal responsibility of persons in occupation of premises in certain cases. Where any arms or ammunition in respect of which any offence under this Act has been or is being committed are or is found in any premises, vehicle or other place in the joint occupation or under the joint control of several persons, each of such persons in respect of whom there is reason to believe that he was aware of the existence of the arms or ammunition in the premises, vehicle or other place shall, unless the contrary is proved, be liable for that offence in the same manner as if it has been or is being committed by him alone.

36.Information to be given regarding certain offences.

36. Information to be given regarding certain offences.-(1) Every person aware of the commission of any offence under this Act shall, in the absence of reasonable excuse the burden of proving which shall lie upon such person, give information of the same to the officer in charge of the nearest police station or the magistrate having jurisdiction.

(2) Every person employed or working upon any railway, aircraft, vessel, vehicle or other means of conveyance shall, in the absence of reasonable excuse the burden of proving which shall lie upon such person, give information to the officer in charge of the nearest police station regarding any box, package or bale in transit which he may have reason to suspect contains arms or ammunition in respect of which an offence under this Act has been or is being committed.

37.Arrest and searches.

37. Arrest and searches.-Save as otherwise provided in this Act,- –

(a) all arrests and searches made under this Act or under any rules made thereunder shall be carried out in accordance with the provisions of the 2*[Code of
Criminal Procedure, 1973 (2 of 1974)], relating respec-
tively to arrests and searches made under that Code;

(b) any person arrested and any arms or ammunition seized under this Act by a person not being a magistrate or a police officer shall be delivered without delay to the officer
———————————————————————
1. Subs. by Act 25 of 1983, s. 13, for certain words (w.e.f.
22-6-1983).
2. Subs. by s. 14, ibid., for certain words (w.e.f. 22-6-1983).

53.in charge of the nearest police station and that officer shall–

(i) either release that person on his executing a bond with or without sureties to appear before a magistrate and keep the things seized in his custody till the appearance of that person before the magistrate, or

(ii) should that person fail to execute the bond and to furnish, if so required, sufficient sureties, produce that person and those things without delay before the magistrate.

38.Offences to be cognizable.

38. Offences to be cognizable.-Every offence under this Act shall be cognizable within the meaning of the 1*[Code of Criminal Procedure,
1973 (2 of 1974)]

39.Previous sanction of the district magistrate necessary in certaincases.

39. Previous sanction of the district magistrate necessary in certain cases.- No prosecution shall be instituted against any person in respect of any offence under section 3 without the previous sanction of the district magistrate.

40.

Protection of action taken in good faith.

40. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against any person for any thing which is in good faith done or intended to be done under this Act.

41.Power to exempt.

41. Power to exempt.- Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,–

(a) 2*[exempt any person or class of persons (either generally or in relation to such description of arms and ammunition as may be specified in the notification)], or exclude any description of arms or ammunition, or withdraw any part of India, from the operation of all or any of the provisions of this Act;
and

(b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons or the description of arms and ammunition or the part of India to the operation of such provisions.

42.Power to take census of firearms.

42. Power to take census of firearms.-(1) The Central Government may, by notification in the Official Gazette, direct a census to be taken of all firearms in any area and empower any officer of
Government to take such census.

(2) On the issue of any such notification all persons having in their possession any firearm in that area shall furnish to the officer
———————————————————————
1. Subs. by Act 25 of 1983, s. 14 (w.e.f. 22-6-1983).
2. Subs. by s. 15, ibid., for certain words (w.e.f. 22-6-1983).

54.concerned such information as he may require in relation thereto and shall produce before him such firearms if he so requires.

43.Power to delegate.

43. Power to delegate.- (1) The Central Government may, by notification in the Official Gazette, direct that any power or function which may be exercised or performed by it under this Act other than the power under section 41 or the power under section 44.may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed also by–

(a) such officer or authority subordinate to the Central
Government, or

(b) such State Government or such officer or authority subordinate to the State Government,

as may be specified in the notification.

(2) Any rules made by the Central Government under this Act may confer powers or impose duties or authorise the conferring of powers or imposition of duties upon any State Government or any officer or authority subordinate thereto.

44.Power to make rules.

44. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–

(a) the appointment, jurisdiction, control and functions of licensing authorities 1*[“including the areas and the categories of arms and ammunition for which they may grant licences];

(b) the form and particulars of application for the grant or renewal of a licence and where the application is for the renewal of a licence, the time within which it shall be made;

(c) the form in which and the conditions subject to which any licence may be granted or refused, renewed, varied, suspended or revoked;

(d) where no period has been specified in this Act, the period for which any licence shall continue to be in force;

(e) the fees payable in respect of any application for the grant or renewal of a licence and in respect of any licence granted or renewed and the manner of paying the same;
———————————————————————
1. Ins. by Act 25 of 1983, s. 16 (w.e.f. 22-6-1983).

55.(f) the manner in which the makers name, the manufacturers number or other identification mark of a firearm shall be stamped or otherwise shown thereon;

(g) the procedure for the test or proof of any firearms;

(h) the firearms that may be used in the course of training, the age-limits of persons who may use them and the conditions for their use by such persons;

(i) the authority to whom appeals may be preferred under section 18, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the refund of such fees;

(j) the maintenance of records or accounts of anything done under a licence other than a licence under section 3 or section 4, the form of, and the entries to be made in, such records or accounts and the exhibition of such records or accounts to any police officer or to any officer of Government empowered in this behalf;

(k) the entry and inspection by any police officer or by any officer of Government empowered in this behalf of any premises or other place in which arms or ammunition are or is manufactured or in which arms or ammunition are or is kept by a manufacturer of or dealer in such arms or ammunition and the exhibition of the same to such officer;

(l) the conditions subject to which arms or ammunition may be deposited with a licensed dealer or in a unit armoury as required by sub-section (1) of section 21.and the period on the expiry of which the things so deposited may be forfeited;

(m) any other matter which is to be, or may be, prescribed.

(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 1*[two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or
———————————————————————
1. Subs. by Act 25 of 1983, s. 16, for certain words (w.e.f.
22-6-1983).

56.be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

45.Nothing in this Act shall apply to

45. Nothing in this Act shall apply to–

(a) arms or ammunition on board any sea-going vessel or any aircraft and forming part of the ordinary armament or equipment of such vessel or aircraft;

(b) the acquisition, possession or carrying, the manufacture, repair, conversion, test or proof, the sale or transfer or the import, export or transport of arms or ammunition–

(i) by or under orders of the Central
Government, or

(ii) by a public servant in the course of his duty as such public servant, or

(iii) by a member of the National Cadet Corps raised and maintained under the National Cadet
Corps Act, 1948 (31 of 1948), or by any officer or enrolled person of the Territorial Army Act,
1948 (56 of 1948), or by any member of any other forces raised and maintained or that may hereafter be raised and maintained under any Central Act, or by any member of such other forces as the Central
Government may, by notification in the Official
Gazette, specify, in the course of his duty as such member, officer or enrolled person;

(c) any weapon of an obsolete pattern or of antiquarian value or in disrepair which is not capable of being used as a firearm either with or without repair;

(d) the acquisition, possession or carrying by a person of minor parts of arms or ammunition which are not intended to be used along with complementary parts acquired or possessed by that or any other person.

46.Repeal of Act 11 of 1878.46. Repeal of Act 11 of 1878. (1) The Indian Arms Act, 1878 (11.of 1878), is hereby repealed.

(2) Notwithstanding the repeal of the Indian Arms Act, 1878, (11.of 1878.) and without prejudice to the provisions of sections 6 and 24.of the General Clauses Act, 1897 (10 of 1897), every licence granted or renewed under the first-mentioned Act shall, unless sooner revoked, continue in force after such commencement for the unexpired portion of the period for which it has been granted or renewed.

 
 

THE ARMY ACT, 1950[PART I]

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

BE it enacted by Parliament as follows:-

CHAPTER I

PRELIMINARY

1.Short title and commencement.

1.Short title and commencement. (1) This Act may be called the
Army Act, 1950.

(2) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint in this behalf.

2.Persons subject to this Act.

2.Persons subject to this Act. (1) The following persons shall be subject to this Act wherever they may be, namely:-

(a) officers, junior commissioned officers and warrant officers of the regular Army;

(b) persons enrolled under this Act;

(c) persons belonging to the Indian Reserve Forces;

(d) persons belonging to the Indian Supplementary Reserve
Forces when called out for service or when carrying out the annual test;

(e) officers of the Territorial Army, when doing duty as such officers, and enrolled persons of the said Army when called out or embodied or attached to any regular forces, subject to such adaptations and modifications as may be made in the application of this Act to such persons under sub-
section (1) of section 9 of the Territorial Army Act, 1948.(56 of 1948.)

———————————————————————-
1 This Act has been extended to-

Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3.and Sch. Assam Rifles as modified by S.R.O. 318, dated 6-12-1962, Gazette of India, Part II, Section 4, page 223.Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-
1963).

And brought into force in Dadra and Nagar Haveli by Reg. 6 of
1963, s.2 and Sch. I (w.e.f. 1-7-1965).

2 22nd July, 1950, see Notification No,. S.R.0 120, dated the
22nd July, 1950, Gazette of India, Pt. II, Sec. 4, p. 86.———————————————————————-

214.(f) persons holding commissions in the Army in India
Reserve of Officers, when ordered on any duty or service for which they are liable as members of such reserve forces;

(g) officers appointed to the Indian Regular Reserve of
Officers, when ordered on any duty or service for which they are liable as members of such reserve forces;

1* * * * *

(i) persons not otherwise subject to military law who, on active service, in camp, on the march or at any frontier post specified by the Central Government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of, the regular Army

(2) Every person subject to this Act under clauses (a) to 2[ (g)
of sub-section (1) shall remain so subject until duly retired, dis-
charged, released, removed, dismissed or cashiered from the service.

3.Definition.

3.Definition. In this Act, unless the context otherwise requires,-

(i) “active service”, as applied to a person subject to this Act, means the time during which such person-

(a) is attached to, or forms part of, a force which is engaged in operations against an enemy, or

(b) is engaged in military operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or

(c) is attached to or forms part of a force which is in military occupation of a foreign country;

(ii) “civil offence” means an offence which is triable by a
Criminal Court ;

(iii) “civil prison” means any jail or place used for the detention of any criminal prisoner under the Prisons Act,
1894, (9 of 1894.) or under any other law for the time being in force ;

3[(iv)”Chief of the Army Staff” means the officer commanding the regular Army;]

———————————————————————-
1 Cl. (h) omitted by the Adaption of Laws (No. 3) Order, 1956.2 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “(h)”

3 Subs. by Act 19 of 1955. s. 2 and Sch., for cl. (iv)
———————————————————————-

215.(v) “commanding officer”, when used in any provision of this Act, with reference to any separate portion of the regular Army or to any department thereof, means the officer whose duty it is under the regulations of the regular Army,or in the absence of any such regulations, by the custom of the service, to discharge with respect to that portion of the regular Army or that department, as the case may be, the functions of a commanding officer in regard to matters of the description referred to in that provision ;

(vi) “corps” means any separate body of persons subject to this Act, which is prescribed as a corps for the purposes of all or any of the provisions of this Act ;

(vii) “court-martial” means a court-martial held under this Act;

(viii)”Criminal Court” means a Court of ordinary criminal justice in any part of India 1* * * ;

(ix) “department” includes any division or branch of a department;

(x) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to military law to act ;

(xi) “the Forces” means the regular Army, Navy and Air Force or any part of any one or more of them ;

(xii) “junior commissioned officer” means a person commissioned, gazetted or in pay as a junior commissioned officer in the regular Army or the Indian Reserve Forces, and includes a person holding a junior commission in the Indian
Supplementary Reserve Forces. or the Territorial Army, 2 * *
* who is for the time being subject to this Act ;

(xiii) “military custody” means the arrest or confinement of a person according to the usages of the service and includes naval or air force custody;

———————————————————————-
1 The words ” other than the State of Jammu and Kashmir” omitted by Act 13 of 1975, s. 3 (w.e.f. 25-1-1975).

2 The words “or a junior or equivalent commission in the land forces of a Part B State” omitted by the Adaptation of Laws (No. 3)
Order, 1956,
———————————————————————-

216.(xiv) “military reward” includes any gratuity or annuity for long service or good conduct, good service pay or pension, and any other military pecuniary reward;

(xv) ” non-commissioned officer” means a person holding a non-commissioned rank or an acting non-commissioned rank in the regular Army or the Indian Reserve Forces, and includes a non-commissioned officer or acting noncommissioned officer of the Indian Supplementary Reserve Forces or the Territorial
Army, 1* * * who is for the time being subject to this Act;

(xvi) “notification” means a notification published in the Official Gazette;

(xvii) “offence” means any act or omission punishable under this Act and includes a civil offence as hereinbefore defined;

(xviii)”officer” means a person commissioned, gazetted are in pay as an officer in the regular Army, and includes-

(a) an officer of the Indian Reserve Forces;

(b) an officer holding a commission in the Territorial
Army granted by the President with designation of rank corresponding to that of an officer of the regular Army who is for the time being subject to this Act ;

(c) an officer of the Army in India Reserve of
Officers who is for the time being subject to this Act;

(d) an officer of the Indian Regular Reserve of
Officers who is for the time being subject to this Act;

2* * * * * *

(f) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the Navy or Air Force;

but does not include a junior commissioned officer, warrant officer, petty officer or non-commissioned officer;

(xix) “prescribed” means prescribed by rules made under this Act;

———————————————————————-
1 The words “or the land forces of a Part B State” omitted, by the Adaptation of Laws (No. 3) Order. 1956.2 Sub-clause (e) omitted, ibid,
———————————————————————
217.(xx) “provost-marshal” means a person appointed as such under section 107 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf;

(xxi) “regular Army” means officers, junior commissioned officers, warrant officers, non-commissioned officers and other enrolled persons who, by their commission, warrant, terms of enrolment or otherwise, are liable to warrant, terms of enrolment or otherwise, are liable to Union in any part of the world, including persons belonging to the Reserve Forces and the Territorial Army when called out on permanent service;

(xxii) “regulation” includes a regulation made under this
Act;

(xxiii) “superior officer”, when used in relation to a person subject to this Act, includes a junior commissioned officer, warrant officer and a non-commissioned officer, and, as regards persons placed under his orders, an officer, warrant officer, petty officer and non-commissioned officer of the Navy or Air Force;

(xxiv) “warrant officer” means a person appointed, gazetted or in pay as a warrant officer of the regular Army or of the Indian Reserve Forces, and includes a warrant officer of the Indian Supplementary Reserve Forces or of the
Territorial Army 1* * * who is for the time being subject to this Act;

(xxv) 2[all words (except the word “India”)] and expressions used but not defined in this Act and defined in the Indian Penal Code (45 of 1860) shall be deemed to have the meanings assigned to them in that Code.

CHAPTER II

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES

4.Application of Act to certain forces under Central Government.

4.Application of Act to certain forces under Central Government.
(1) The Central Government may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any force raised and maintained in India under the authority of that
Government, 3* * * and suspend the operation of any other enactment for the time being applicable to the said force.

———————————————————————-
1 The words “or of the land forces of a Part B State” omitted by the Adaptation of Laws (No. 3) Order, 1956.2 Subs. by Act 13 of 1975, s. 3. for “all words” (w.e.f. 25-1-
1975).

3 The words “including any force maintained by a Part B State”
omitted by the Adaptation of Laws (No. 3) Order, 1956.———————————————————————-

218.(2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the regular Army the same or equivalent rank as the aforesaid persons hold for the time being in the said force.

(3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by or are in the service of or are followers of or accompany any portion of the said force as they have effect in respect of persons subject to this Act under 1[clause
(i) of sub-section (1) of section (2)].

(4) While any of the provisions of this Act apply to the said force, the Central Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.

5. [Application of Act to forces of Part B States.] Rep. by the
Adaptation of Laws (No. 3) Order, 1956.

6.Special provision as to rank in certain cases. (1) The Central
Government may, by notification, direct that any persons or class of persons subject to this Act under 1 [clause (i), of sub-section (1) of section 2] shall be so subject as officers, junior commissioned officers, warrant officers or non-commissioned officers and may authorise any officer to give a like direction and to cancel such direction.

(2) All persons subject to this Act other than officers, junior commissioned officers, warrant officers and non-commissioned officers shall, if they are not persons in respect of whom a notification or direction under sub-section (1) is in force, be deemed to be of a rank inferior to that of a non-commissioned officer.

7.Commanding officer of persons subject to military law under clause (i)of section 2.7.Commanding officer of persons subject to military law under clause (i) of section 2. (1) Every person subject to this Act under
1[clause (i) of subsection (1) of section 2] shall, for the purposes of this Act, be deemed to be under the commanding officer of the corps, department of detachment, if any, to which he is attached, and, if he is not so attached, under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person for the time being is serving, or any other prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the force.

———————————————————————-
1 Subs. by Act 56 of 1974, s.3 and Sch. II, for ” clause (i) of section”.
———————————————————————-

218A

(2) An officer commanding a force shall not place a person subject to this Act under 1[clause (i) of sub-section (1) of section
2] under the command of an officer of rank inferior to that of such person, if there is present at the place where such person is any officer of a higher rank under whose command he can be placed.

8.Officers exercising powers in certain cases. (1) Whenever persons subject to this Act are serving under an officer commanding any military Organisation, not in this section specifically named and being in the opinion of the Central Government not less than a brigade, that Government may prescribe the officer by whom the powers, which under this Act may be exercised by officers commanding armies, army corps, divisions and brigades, shall, as regards such, persons, be exercised.

(2) The Central Government may confer such powers, either absolutely or subject to such restrictions, reservations, exceptions and conditions, as it may think fit.

9.Power to declare persons to be on active service.
Notwithstanding anything contained in clause (i) of section 3, the
Central Government may, by notification, declare that any person or class of persons subject to this Act shall, with reference to any

———————————————————————-
1 Subs. by Act 58 of 1974, s. 3 and Sch. II, for “clause (i) of section 2”.
——————————————————————–

219.area in which they may be serving or with reference to any provision of this Act or of any other law for the time being in force, be deemed to be on active service within the meaning of this Act.

CHAPTER III

COMMISSION, APPOINTMENT AND ENROLMENT

10.Commission and appointment. The President may grant, to such person as he thinks fit, a commission as, an officer, or as a junior commissioned officer or appoint any person, as a warrant officer of the regular Army.

11.Ineligibility of aliens for enrolment. No person who is not a citizen of India shall, except with the consent of the Central
Government signified in writing, be enrolled in the regular Army:

Provided that nothing contained in this section shall bar the enrolment of the subjects of Nepal in the regular Army.

12.Ineligibility of females for enrolment or employment. No female shall be eligible for enrolment or employment in the regular
Army, except in such corps, department, branch or other body forming part of, or attached to any portion of, the regular Army as the
Central Government may, by notification in the Official Gazette, specify in this behalf:

Provided that nothing contained in this section shall affect the provisions of any law for the time being in force providing for the raising and maintenance of any service auxiliary to the regular Army
,or any branch thereof in which females are eligible for enrolment or employment.

13.Procedure before enrolling officer.

13.Procedure before enrolling officer. Upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of the service for which he is to be enrolled; and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after having cautioned him that if he makes a false answer to any such question, he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question.

14.Mode of enrolment.

14.Mode of enrolment. If, after complying with the provisions of section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall also cause such person to sign the enrolment paper, and such person shall thereupon be deemed to be enrolled.

220.15.Validity of enrolment.

15.Validity of enrolment. Every person who has for the space of three months been in receipt of pay as a person enrolled under this
Act and been borne on the rolls of any corps or department shall be deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever ; and if any person, in receipt of such pay and borne on the rolls as aforesaid, claims his discharge before the expiry of three months from his enrolment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as an enrolled person under this Act or invalidate any proceeding, act or thing taken or done prior to his discharge.

16.Persons to be attested. The following persons shall be attested, namely:-

(a) all persons enrolled as combatants ;

(b) all persons selected to hold a non-commissioned or acting non-commissioned rank; and

(c) all other persons subject to this Act as may be prescribed by the Central Government.

17.Mode of attestation.

17.Mode of attestation. (1) When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer in front of his corps or such portion thereof or such members of his department as may be present, or by any other prescribed person.

(2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will bear true allegiance to the Constitution of India as by law established, and that he will serve in the regular Army and go wherever he is ordered by land, sea or air, and that he will obey all commands of any officer set over him, even to the peril of his life.

(3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper, and authenticated by the signature of the officer administering the oath or affirmation.

CHAPTER IV

CONDITIONS OF SERVICE

18.Tenure of service under the Act. Every person subject to this
Act shall hold office during the pleasure of the President.

19.Termination of service by Central Government. Subject to the provisions of this Act and the rules and regulations made thereunder the Central Government may dismiss, or remove from the service, any person subject to this Act.

20.Dismissal, removal or reduction by the Chief of the Army Staff and by other officers. (1) 1[The Chief of the Army Staff ] may dismiss or remove from the service any person subject to this Act other than an officer.

(2) 1[The Chief of the Army Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer.

(3) An officer having power not less than a brigade or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a junior commissioned officer.

(4) Any such officer as is mentioned in sub-section (3) may reduce to a lower grade or rank or the ranks, any warrant officer or any noncommissioned officer under his command.

(5) A warrant officer reduced to the ranks under this section shall not, however, be required to serve in the ranks as a sepoy.

(6) The commanding officer of an acting non-commissioned officer may order him to revert to his permanent grade as a non-commissioned officer, or if he has no permanent grade above the ranks, to the ranks.

(7) The exercise of any power under this section shall be subject to the said provisions contained in this Act and the rules and regula-
tions made thereunder.

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

21.Power to modify certain fundamental rights in their application to persons subject to this Act. Subject to the provisions of any law for the time being in force relating to the regular Army or to any branch thereof, the Central Government may, by notification, make rules restricting to such extent and in such manner as may be necessary the right of any person subject to this Act-

(a) to be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions or any society, institution or association, or any class of societies, institutions or associations

(b) to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes

(c) to communicate with the press or to publish or cause to be published any book, letter or other document.

22.Retirement, release or discharge.

22.Retirement, release or discharge. Any person subject to this
Act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed.

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and Sch., for “The Commander-in-
Chief”.
———————————————————————–

222.23.Certificate on termination of service.

23.Certificate on termination of service. Every junior commissioned officer, warrant officer, or enrolled person who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother tongue of such person and also in the
English language setting forth-

(a) the authority terminating his service

(b) the cause for such termination ; and

(c) the full period of his service in the regular Army.

24.Discharge or dismissal when out of India.

24.Discharge or dismissal when out of India. (1) Any person enrolled under this Act who is entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of India, and requests to be sent to India, shall, before being discharged, be sent to India with all convenient speed.

(2) Any person enrolled under this Act who is dismissed from the service and who, when he is so dismissed, is serving out of India, shall be sent to India with all convenient speed.

(3) Where any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with any other punishment, such other punishment, or, in the case of a sentence of transportation or imprisonment, a portion of such sentence may be inflicted before he is sent to India.

(4) For the purposes of this section, the word ” discharge ”
shall include release, and the word ” dismissal ” shall include removal.

CHAPTER V

SERVICE PRIVILEGES

25.Authorised deductions only to be made from pay. The pay of every person subject to this Act due to him as such under any regulation for the time being in force shall be paid without any deduction other than the deductions authorised by or under this or any other Act.

26.Remedy of aggrieved persons other than officers.

26.Remedy of aggrieved persons other than officers. (1) Any person subject to this Act other than an officer who deems himself wronged by any superior or other officer may, if not attached to a troop or company, complain to the officer under whose command or orders he is serving ; and may, if attached to a troop or company, complain to the officer commanding the same.

(2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved person may complain to such officers next superior officer.

(3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress

223.to the complainant; or, when necessary, refer the complaint to superior authority.

(4) Every such complaint shall be preferred in such manner as may from time to time be specified by the proper authority.

(5) The Central Government may revise any decision by 1[the
Chief of the Army Staff] under sub-section (2), but, subject thereto, the decision of 1 [the Chief of the Army Staff ] shall be final.

27.Remedy of aggrieved officers.

27.Remedy of aggrieved officers. Any officer who deems himself wronged by his commanding officer or any superior officer and who on due application made to his commanding officer does not receive the redress to which he considers himself entitled, may complain to the
Central Government in such manner as may from time to time be specified by the proper authority.

28.Immunity from attachment.

28.Immunity from attachment. Neither the arms, clothes, equipment, accoutrements or necessaries of any person subject to this
Act, nor any animal used by him for the discharge of his duty, shall be seized, nor shall the pay and allowances of any such person or any part thereof be attached, by direction of any civil or revenue court or any revenue officer in satisfaction of any decree or order enforceable against him.

29.Immunity from arrest for debt.

29.Immunity from arrest for debt. (1) No person subject to this
Act shall, so long as he belongs to the Forces, be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer.

(2) The judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section and may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process.

(3) For the recovery of such costs no court-fee shall be payable by the complainant.

30.

Immunity of persons attending courts-martial from arrest.

30.Immunity of persons attending courts-martial from arrest. (1)
No presiding officer or member of a court-martial, no judge advocate, no party to any proceeding before a court-martial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a court-martial shall, while proceeding to, attending or returning from, a court-martial, be liable to arrest under civil or revenue process.

(2) If any such person is arrested under any such process, he may be discharged by order of the court-martial.

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and sch. for ” the Commander-in-
Chief”.
———————————————————————-

224.31.Privileges of reservists.

31.Privileges of reservists. Every person belonging to the Indian
Reserve Forces shall, when called out for or engaged in or returning from, training or service, be entitled to all the privileges accorded by sections 28 and 29 to a person subject to this Act.

32.Priority in respect of army personnels litigation.

32.Priority in respect of army personnels litigation. (1) On the presentation to any court by or on behalf of any person subject to this Act of a certificate from the proper military authority of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for.

(2) The certificate from the proper military authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for.

(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority for the hearing of his case.

(4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself.

(5) If in any case a question arises as to the proper military authority qualified to grant such certificate as aforesaid, such question shall at once be referred by the court to an officer having power not less than a brigade or equivalent commander whose decision shall be final.

33.Saving of rights and privileges under other laws.

33.Saving of rights and privileges under other laws. The rights and privileges specified in the preceding sections of this Chapter shall be in addition to, and not in derogation of, any other rights and privileges conferred on persons subject to this Act or on members of the regular Army, Navy and Air Force generally by any other law for the time being in force.

CHAPTER VI

OFFENCES

34.Offences in relation to the enemy and punishable with death.
Any person subject to this Act who commits any of the following offences, that is to say,-

(a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which

225.it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit any of the said acts ; or

(b) intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy; or

(c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice ; or

(d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union; or

(e) directly or indirectly assists the enemy with money, arms., ammunition, stores or supplies ; or

(f) treacherously or through cowardice sends a flag of truce to the enemy ; or

(g) in time of war or during any military operation, intentionally occasions a false alarm in action, camp, garrison or quarters, or spreads reports calculated to create alarm or despondency ; or

(h) in time of action leaves his commanding officer or his post, guard, picquet, patrol or party without being regularly relieved or without leave ; or

(i) having been made a prisoner of war, voluntarily serves with or aids the enemy ; or

(j) knowingly harbours or protects an enemy not being a prisoner ; or

(k) being a sentry in time of war or alarm, sleeps upon his post or is intoxicated ; or

(l) knowingly does any act calculated to imperil the success of the military, naval or air forces of India or any forces co-operating therewith or any part of such forces;

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.

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

35.Offences in relation to the enemy and not punishable with death. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) is taken prisoner, by want of due precaution, or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so; or

226.(b) without due authority holds correspondence with or communicates intelligence to the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his commanding or other superior officer; or

(c) without due authority sends a flag of truce to the enemy;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

36.Offences punishable more severely on active service than at othertimes.

36.Offences punishable more severely on active service than at other times. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) forces a safeguard, or forces or uses criminal force to a sentry ; or

(b) breaks into any house or other place in search of plunder; or

(c) being a sentry sleeps upon his post, or is intoxicated;
or

(d) without orders from his superior officer leaves his guard, picquet, patrol or post ; or

(e) intentionally or through neglect occasions a false alarm in camp, garrison, or quarters ; or spreads reports calculated to create unnecessary alarm or despondency ; or

(f) makes known the parole, watchword or countersign to any person not entitled to receive it ; or knowingly gives a parole, watchword or countersign different from what he received ;

shall, on conviction by court-martial,

if he commits any such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

if he commits any such offence when not on active service, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

37.Mutiny.

37.Mutiny. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) begins, incites, causes, or conspires with any other persons to cause any mutiny in the military, naval or air forces of India or any forces co-operating therewith ; or

(b) joins in any such mutiny ; or

227.(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same ; or

(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer; or

(e) endeavours to seduce any person in the military, naval.
or air forces of India from his duty or allegiance to the
Union;

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.

38.Desertion and aiding desertion.

38.Desertion and aiding desertion. (1) Any person subject to this
Act who deserts or attempts to desert the service shall, on conviction by court-martial,

if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and

if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who, knowingly harbours any such deserter shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

39.Absence without leave.

39.Absence without leave. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) absents himself without leave; or

(b) without sufficient cause overstays leave granted to him;
or

(c) being on leave of absence and having received information from proper authority that any corps, or portion of a corps, or any department, to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay ; or

(d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty ;
or

228.(e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march ; or

(f) when in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer ; or

(g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

40.

Striking or threatening superior officers.

40.Striking or threatening superior officers. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) uses criminal force to or assaults his superior officer ; or

(b) uses threatening language to such officer ; or

(c) uses insubordinate language to such officer;

shall, on conviction by court-martial,

if such officer is at the time in the execution of his office or, if the offence is committed on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned:

Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five years.

41.Disobedience to superior officer.

41.Disobedience to superior officer. (1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise shall on conviction by court-
martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who disobeys any lawful com-
mand given by his superior officer shall, on conviction by court-
martial,

if he commits such offence when on active service, be liable to suffer imprisonment for a term which may extend to

229.fourteen years or such less punishment as is in this Act mentioned ; and

if he commits such offence when not on active service, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

42.Insubordination and obstruction.

42.Insubordination and obstruction. Any person subject to this
Act who commits any of the following offences, that is to say,-

(a) being concerned in any quarrel, affray, or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer ; or

(b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or

(c) resists an escort whose duty it is to apprehend him or to have him in charge ; or

(d) breaks out of barracks, camp or quarters ; or

(e) neglects to obey any general, local or other order; or

(f) impedes the provost-marshal or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a provost-marshal or any person lawfully acting on his behalf ; or

(g) uses criminal force to or assaults any person bringing provisions or supplies to the forces ;

shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend, in the case of the offences specified in clauses (d) and (e) to two years, and in the case of the offences specified in the other clauses to ten years or such less punishment as is in this Act mentioned.

43.Fraudulent enrolment.

43.Fraudulent enrolment. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) without having obtained a regular discharge from the corps or department to which he belongs, or otherwise fulfilled the conditions enabling him to enrol or enter, enrols himself in, or enters the same or any other corps or department or any part of the naval or air forces of India or the Territorial Army; or

(b) is concerned in the enrolment in any part of the Forces of any person when he knows or has reason to believe such

230

person to be so circumstanced that by enrolling he commits an offence against this Act ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

44.False answers on enrolment.

44.False answers on enrolment. Any person having become subject to this Act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

45.Unbecoming conduct.

45.Unbecoming conduct. Any officer, junior commissioned officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and, if he is a junior commissioned officer or a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned.

46.Certain forms of disgraceful conduct.

46.Certain forms of disgraceful conduct. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or

(b) malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or

(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

47.Ill-treating a subordinate.

47.Ill-treating a subordinate. Any officer, junior commissioned officer, warrant officer or non-commissioned officer who uses criminal force to or otherwise illtreats any person subject to this Act, being his subordinate in rank or position, shall, on conviction by court-
martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

48.Intoxication.

48.Intoxication. (1) Any person subject to this Act who is found in a state of intoxication, whether on duty or not, shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned ; and, if he is not an

231.officer, be liable, subject to the provisions of sub-section (2), to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

(2) Where an offence of being intoxicated is committed by a person other than an officer when not on active service or not on duty, the period of imprisonment awarded shall not exceed six months.

49.Permitting escape of person in custody.

49.Permitting escape of person in custody. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) when in command of a guard, picquet, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed; or

(b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard ;

shall, on conviction by court-martial, be liable, if he has acted wilfully to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned;
and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this
Act mentioned.

50.

Irregularity in connection with arrest or confinement.

50.Irregularity in connection with arrest or confinement. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation ; or

(b) having committed a person to military custody fails without reasonable cause to deliver at the time of such com-
mittal, or as soon as practicable, and in any case within forty-eight hours. thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

51.Escape from custody.

51.Escape from custody. Any person subject to this Act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

232.52.Offences in respect of property.

52. Offences in respect of property. Any person subject to this
Act who commits any of the following offences, that is to say,-

(a) commits theft of any property belonging to the
Government, or to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law ; or

(b) dishonestly misappropriates or converts to his own use any such property ; or

(c) commits criminal breach of trust in respect of any such property ; or

(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b)
and (c) has been committed, knowing or having reason to believe the commission of such offence; or

(e) wilfully destroys or injures any property of the
Government entrusted to him ; or

(f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person;

shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

53.Extortion and corruption.

53. Extortion and corruption. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) commits extortion ; or

(b) without proper authority exacts from any person money, provisions or service ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

54.Making away with equipment.

54. Making away with equipment. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments. tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him; or

(b) loses by neglect anything mentioned in clause (a) ; or

(c) sells, pawns, destroys or defaces any medal or decoration granted to him ;

233.shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend in the case of the offences specified in clause (a) to ten years, and in the case of the offences specified in the other clauses to five years, or such less punishment as is in this Act mentioned.

55.Injury to property.

55. Injury to property. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) destroys or injures any property mentioned in clause
(a) of section 54 or any property belonging to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law, or serving with, or attached to, the regular Army; or

(b) commits any act which causes damage to, or destruction of, any property of the Government by fire; or

(c) kills, injures, makes away with, ill-treats or loses any, animal entrusted to him;

shall, on conviction by court-martial, be liable, if he has acted wil-
fully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned ; and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this
Act mentioned.

56.False accusations.

56. False accusations. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false ; or

(b) in making a complaint under section 26 or section 27.makes any statement affecting the character of any person subject to this Act, knowing or having reason to believe such statement to be false or knowingly and wilfully suppresses any material facts;

shall, on conviction by court-martial be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

57.Falsifying official documents and false declaration.

57. Falsifying official documents and false declaration. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes,

234.
or is privy to the making of any false or fraudulent statement; or

(b) in any document of the description mentioned in clause
(a) knowingly makes, or is privy to the making of, any omission, with intent to defraud ; or

(c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce ; or

(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration;
or

(e) obtains for himself, or for any other person, any pension,allowance or other advantage or privilege by a state-
ment which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement ;

shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

58.Signing in blank and failure to report.

58. Signing in blank and failure to report. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any, .property of the Government fraudulently leaves in blank any material part for which his signature is a voucher ; or

(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send ;

shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

59.Offences relating to courts-martial.

59. Offences relating to courts-martial. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) being duly summoned or ordered to attend as a witness before a court martial, wilfully or without reasonable excuse, makes default in attending; or

(b) refuses to take an oath or make an affirmation legally required by a court-martial to be taken or made; or

235.

(c) refuses to produce or deliver any document in his power or control legally required by a court-martial to be produced or delivered by him; or

(d) refuses when a witness to answer any question which he is by law bound to answer ; or

(e) is guilty of contempt of court-martial by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court;

shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend to three years or such less punishment as is in this Act mentioned.

60.

False evidence.

60. False evidence. Any person subject to this Act who, having been duly sworn or affirmed before any court-martial or other court competent under this Act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

61.Unlawful detention of pay.

61. Unlawful detention of pay. Any officer, junior commissioned officer, warrant officer or non-commissioned officer who, having received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due, shall, on conviction by court-
martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

62.Offences in relation to aircraft and flying.

62. Offences in relation to aircraft and flying. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) wilfully or without reasonable excuse damages, destroys or loses any aircraft or aircraft material belonging to the
Government: or

(b) is guilty of any act or neglect likely to cause such damage, destruction or loss ; or

(c) without lawful authority disposes of any aircraft or aircraft material belonging to the Government; or

(d) is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person ; or

(e) during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration, by or under the authority of a neutral State, or the destruction in a neutral State of any aircraft, belonging to the Government

236.
shall, on conviction by court-martial, be liable, if he has acted wil-
fully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned, and, in any other case, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

63.Violation of good order and discipline.

63. Violation of good order and discipline. Any person subject to this Act who is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and military discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

64.Miscellaneous offences.

64. Miscellaneous offences. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) being in command at any post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority ; or

(b) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person ; or

(c) attempts to commit suicide, and in such attempt does any act towards the commission of such offence; or

(d) being below the rank of warrant officer, when off duty, appears without proper authority, in or about camp or cantonments, or in or about, or when going to or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon; or

(e) directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service ; or

(f) commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving ;

shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

237.
65.Attempt.

65. Attempt. Any person subject to this Act who attempts to commit any of the offences specified in sections 34 to 64 inclusive and in such attempt does any act towards the commission of the offence, shall, on conviction by court-martial, where no express provision is made by this Act for the punishment of such attempt, be liable,

if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.

66.Abetment of offences that have been committed.

66. Abetment of offences that have been committed. Any person subject to this Act who abets the commission of any of the offences specified in sections 34 to 64 inclusive shall, on conviction by court-martial, if the Act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this Act mentioned.

67.Abetment of offences punishable with death and not committed.

67. Abetment of offences punishable with death and not committed. Any person subject to this Act who abets the commission of any of the offences punishable with death under sections 34, 37 and sub-section (1) of section 38 shall, on conviction by court-
martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

68.Abetment of offences punishable with imprisonment and not committed.

68. Abetment of offences punishable with imprisonment and not committed. Any person subject to this Act who abets the commission of any of the offences specified in sections 34 to 64 inclusive and punishable with imprisonment shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.

69.Civil offences.

69. Civil offences. Subject to the provisions of section 70, any person subject to this Act who at any place in or beyond India commits any civil

238.offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section, shall be liable to be tried by a court-martial and, on conviction, be punishable as follows, that is to say,-

(a) if the offence is one which would be punishable under any law in force in India with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and

(b) in any other case, he shall be liable to suffer any punishment, other than whipping, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned.

70.

Civil offence not triable by court-martial.

70. Civil offence not triable by court-martial. A person subject to this Act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this Act and shall not be tried by a court-martial, unless he commits any of the said offences-

(a) while on active service, or

(b) at any place outside India, or

(c) at a frontier post specified by the Central Government by notification in this behalf.

THE ARMY ACT, 1950[PART II]

CHAPTER VII

PUNISHMENTS

 

 

71.Punishments awardable by courts-martial.

71. Punishments awardable by courts-martial. Punishments may be inflicted in respect of offences committed by persons subject to this
Act and convicted by courts-martial, according to the scale following, that is to say,-

(a) death;

(b) transportation for life or for any period not less than seven years;

(c) imprisonment, either rigorous or simple, for any period not exceeding fourteen years;

(d) cashiering, in the case of officers;

(e) dismissal from the service;

(f) reduction to the ranks or to a lower rank or grade or place in the list of their rank, in the case of warrant officers;
———————————————————————-
1 Explanation omitted by Act 13, of 1975, s.3 (w.e.f.15-1-1975).
———————————————————————-

239.and reduction to the ranks or to a lower rank or grade, in the case of non-commissioned officers:

Provided that a warrant officer reduced to the ranks shall not be required to serve in the ranks as a sepoy ;

(g) forfeiture of seniority of rank, in the case of officers, junior commissioned officers, warrant officers and noncommissioned officers; and forfeiture of all or any part of their service for the purpose of promotion, in the case of any of them whose promotion depends upon length of service ;

(h) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose;

(i) severe reprimand or reprimand, in the case of officers,junior commissioned officers, warrant officers and noncommissioned officers ;

(j) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active service;

(k) forfeiture in the case of a person sentenced to cashiering or dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such cashiering or dismissal ;

(l) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good.

72.Alternative punishments awardable by court-martial.

72. Alternative punishments awardable by court-martial. Subject to the provisions of this Act, a court-martial may, on convicting a person subject to this Act of any of the offences specified in sections 34 to 68 inclusive, award either the particular punishment with which the offence is stated in the said sections to be punishable, or, in lieu thereof, any one of the punishments lower in the scale set out in section 71, regard being had to the nature and degree of the offence.

73.Combination of punishments.

73. Combination of punishments. A sentence of a court-martial may award in addition to, or without any one other punishment, the punishment specified in clause (d) or clause (e) of section 71 and any one or more of the punishments specified in clauses (f) to (l) of that section.

74.Cashiering of officers.

74. Cashiering of officers. An officer shall be sentenced to be cashiered before he is awarded any of the punishments specified in clauses (a) to (c) of section 71.1***

———————————————————————-
1 Omitted by Act 37 of 1992, s.2.———————————————————————–

240

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

77. Result of certain punishments in the case of a warrant officer or non-commissioned officer. A warrant officer or a non-
commissioned officer sentenced by a court-martial to transportation, imprisonment, 2*** or dismissal from the service, shall be deemed to be reduced to ranks.

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

78. Retention in the ranks of a person convicted on active service. When., on active service, any enrolled person has been sen-
tenced by a court-martial to dismissal, or to transportation or im-
prisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and such service shall be reckoned as part of his term of transportation or imprisonment, if any.

79.Punishments otherwise than by court-martial.

79. Punishments otherwise than by court-martial. Punishments may also be inflicted in respect of offences committed by persons subject to this Act without the intervention of a court-martial and in the manner stated in sections 80, 83, 84 and 85.80.

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

80. Punishment of persons other than officers, junior commissioned officers and warrant officers. Subject to the provisions of section 81, a commanding officer or such other officer as is, with the consent of the Central Government, specified by 1[the Chief of the
Army Staff], may, in the prescribed manner, proceed against a person subject to this Act other. wise than as an officer, junior commissioned officer or warrant officer who is charged with an offence under this Act and award such person, to the extent prescribed, one or more of the following punishments, that is to say,-

(a) imprisonment in military custody up to twenty-eight days;

(b) detention up to twenty-eight days;

(c) confinement to the lines up to twenty-eight days;

(d) extra guards or duties ;

(e) deprivation of a, position of the nature of an appointment or of corps or working pay, and in the case of noncommissioned officers, also deprivation of acting rank or reduction to a lower grade of pay ;

(f) forfeiture of good service and good conduct pay

(g) severe reprimand or reprimand

(h) fine up to fourteen days pay in any one month;

(i) penal deductions under clause (g) of section 91.———————————————————————-
1 Subs. by Act 19 of 1955. s. 2 and Sch., for ” the Commander-
in-Chief”.

2 Omitted by Act 37 of 1992, s.3.———————————————————————-

241.81.Limit of punishments under section 80.

81. Limit of punishments under section 80. 3 * * *.

(2) In the case of an award of two or more of the punishments specified in clauses (a), (b), (c) and (d) of the said section, the punishment specified in clause (c) or clause (d) shall take effect only at the end of the punishment specified in clause (a) or clause
(b).

(3) When two or more of the punishments specified in the said clauses (a), (b) and (c) are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate forty-two days.

(4) The punishments specified in clauses 4[ (a), (b) and (c)] of section 80 shall not be awarded to any person who is of the rank of non-commissioned officer or was, at the time of committing the offence for which he is punished, of such rank.

(5) The punishment specified in clause (g) of the said section shall not be awarded to any person below the rank of a non-
commissioned officer.

82.Punishments in addition to those specified in section 80.

82. Punishments in addition to those specified in section 80.
1[The Chief of the Army Staff] may, with the consent of the Central
Government, specify such other punishments as may be awarded under section 80 in addition to or without any of the punishments specified in the said section, and the extent to which such other punishments may be awarded.

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

83. Punishment of officers, junior commissioned officers and warrant officers by brigade commanders and others. An officer having power not less than a brigade, or an equivalent commander or such other officer as is, with the consent of the Central Government, specified by 1 [the Chief of the Army Staff ] may in the prescribed manner, proceed against an officer below the rank of a field officer, a junior commissioned officer or a warrant officer, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say,-

(a) severe reprimand or reprimand;

(b) stoppage of pay and, allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good.

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

84. Punishment of officers, junior commissioned officers and warrant officers by area commanders and others. An officer having power not less than an area commander or an equivalent commander or an officer empowered to convene a general court-martial or such other officer as is, with the consent of the Central Government, specified by 1[the Chief of the Army Staff]

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and Sch., for “the Commander-in-
Chief”.
2 Omitted by Act 37 of 1992, s.4.3 Omitted by s.5, ibid.
4 Subs. by s.5, ibid.
———————————————————————

242.

may, in the prescribed manner, proceed against an officer below the rank of lieutenant-colonel, a junior commissioned officer or a warrant officer, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say,-

(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by a court-martial;

(b) severe reprimand or reprimand;

(c) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good.

85.Punishment of junior commissioned officers.

85. Punishment of junior commissioned officers. A commanding officer or such other officer as is, with the consent of the Central
Government, specified by 1[the Chief of the Army Staff] may, in the prescribed manner, proceed against a junior commissioned officer who is charged with an offence under this Act 2[and award one or more of the following punishments, that is to say,-

(i) severe reprimand or reprimand;

(ii) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good:

Provided that the punishment specified in clause (i) shall not be awarded if the commanding officer or such other officer is below the rank of Colonel]

86.Transmission of proceedings.

86. Transmission of proceedings. In every case in which punishment has been awarded under any of the sections 83, 84 and 85, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment, to a superior military authority as defined in section 88.87.Review of proceedings.

87. Review of proceedings. If any punishment awarded under any of the sections 83, 84 and 85 appears to a superior military authority as defined in section 88 to be illegal, unjust or excessive, such authority may cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case.

88. Superior military authority. For the purpose of sections 86.and 87, a ” superior military authority ” means-

(a) in the case of punishments awarded by a commanding officer, any officer superior in command to such commanding officer;

(b) in the case of punishments awarded by any other authority, the Central Government, 1[the Chief of the Army
Staff] or other officer specified by 1[the Chief of the Army
Staff]
———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and Sch., for the Commander-in-
Chief”.

2 Subs. by Act 37 of 1992, s.6.———————————————————————-

89. Collective fines. (1) Whenever any weapon or part of a weapon forming part of the equipment of a half squadron, battery, company or other similar unit is lost or stolen, the officer commanding the army, army corps, division or independent brigade to which such unit belongs may, after obtaining the report of a court of inquiry, impose a collective fine upon the junior commissioned officers, warrant officers, non-commissioned officers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss or theft.

(2) Such fine shall be assessed as a percentage on the pay of the individuals on whom it falls.

CHAPTER VIII

PENAL DEDUCTIONS

 

 

90. Deductions from pay and allowances of officers. The following penal deductions may be made from the pay and allowances of an officer, that is to say,-

(a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to his commanding officer and has been approved by the Central Government;

(b) all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence for which he is afterwards convicted by a criminal court or a court-martial or by an officer exercising authority under section 83 or section 84 ;

(c) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay;

(d) any sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by the court-
martial by whom he is convicted of such offence, or by an officer exercising authority under section 83 or section 84.(e) all pay and allowances ordered by a court-martial 1***
to be forfeited or stopped;

(f) any sum required to pay a fine awarded by a criminal court or a court-martial exercising jurisdiction under section 69 ;
———————————————————————-
1 Omitted by Act 37 of 1992,s.7.———————————————————————-

244.(g) any sum required to make good any loss, damage, or destruction of public or regimental property which, after due investigation, appears to the Central Government to have been occasioned by the wrongful act or negligence on the part of the officer;

(h) all pay and allowances forfeited by order of the
Central Government if the officer is found by a court of inquiry constituted by 1 [the Chief of the Army Staff ] in this behalf, to have deserted to the enemy, or while in enemy hands, to have served with, or under the orders of, the enemy, or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy, to have failed to rejoin his service when it was possible to do so ;

(i) any sum required by order of the Central Government
2[or any prescribed officers] to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child.

91.Deductions from pay and allowances of persons other than officers.

91. Deductions from pay and allowances of persons other than officers. Subject to the provisions of section 94 the following penal deductions may be made from the pay and allowances of a person subject to this, Act other than an officer, that is to say,-

(a) all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, a court-martial or an officer exercising authority under section 80 3***

(b) all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or a court-martial, or on a charge of absence without leave for which he is afterwards awarded imprisonment 3*** by an officer exercising authority under section 80;

(c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him;

(d) for every day on which he is in hospital on account of sickness certified by the medical officer attending on him

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and Sch., for ” the Commander-
in-Chief”.

2 Ins. by Act 37 of 1992, s.7.3 Omitted by s.8, ibid.
———————————————————————–

245.

to have been caused by his own misconduct or imprudence, such sum as may be specified by order of the Central Government or such officer as may be specified by that Government;

(e) all pay and allowances ordered by a court-martial or by an officer exercising authority under any of the sections 80,
83, 84 and 85, to be forfeited or stopped ;

(f) all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of, the enemy;

(g) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the
Central Government or to any building or property as may be awarded by his commanding officer;

(h) any sum required to, pay a fine awarded by a criminal court, a court-martial exercising jurisdiction under section
69, or an officer exercising authority under any of the sections 80 and 89 ;

(i) any sum required by order of the Central Government or any prescribed officer to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child.

92.Computation of time of absence or custody.

92. Computation of time of absence or custody. For the purposes of clauses (a) and (b) of section 91,-

(a) no person shall be treated as absent or in custody for a day unless the absence or custody has lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours or upwards;

(b) any absence or custody for less than a day may be reckoned as absence or custody for a day if such absence or custody prevented the absentee from fulfilling any military duty which was thereby thrown upon some other person;

(c) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody;

(d) a period of absence, or imprisonment, which commences before, and ends after, midnight may be reckoned as a day.

93.Pay and allowances during trial.

93. Pay and allowances during trial. In the case of any person subject to this Act who is in custody or under suspension from duty on a charge for an offence, the

246.
prescribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his trial on the charge against him, in order to give effect to the provisions of clause (b) of sections 90 and 91.94.Limit of certain deductions.

94. Limit of certain deductions. The total deductions from the pay and allowances of a person made under clauses (e), (g) to (i) of section 91 shall not, except where he is sentenced to dismissal, exceed in any one month one-half of his pay and allowances for that month.

95.Deduction from public money due to a person.

95. Deduction from public money due to a person. Any sum authorised by this Act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.

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

96. Pay and allowances of prisoner of war during inquiry into his conduct. Where the conduct of any person subject to this Act when being taken prisoner by, or while in the hands of, the enemy, is to be inquired into under this Act or any other law, 1[the Chief of the Army
Staff] or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquiry.

97.Remission of deductions.

97. Remission of deductions. Any deduction from pay and allowances authorised by this Act may be remitted in such manner and to such extent, and by such authority, as may from time to time be prescribed.

98.Provision for dependants of prisoner of war from remitted deductions.

98. Provision for dependants of prisoner of war from remitted deductions. In the case of all persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under clause (h) of section 90 or clause (a) of section 91, but in respect of whom a remission has been made under section 97, it shall be lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for any dependants of such persons, and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances.

99. Provision for dependants of prisoner war from his pay and allowances. It shall be lawful for proper provision to be made by the prescribed authorities for any dependants of any person subject to this Act who is a prisoner of war or is missing, out of his pay and allowances.

100. Period during which a person is deemed to be a prisoner of war. For the purposes of sections 98 and 99, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into his conduct such as is referred to in section 96, and if he is cashiered or dismissed from the service in consequence of such conduct, until the date of such cashiering or dismissal.

———————————————————————
1 Subs. by Act 19 of 1955, s. 2 and Sch., for “the Commander-in-
Chief

CHAPTER IX

ARREST AND PROCEEDINGS BEFORE TRIAL

 

 

101. Custody of offenders. (1) Any person subject to this Act who is charged with an offence may be taken into military custody.

(2) Any such person may be ordered into military custody by any superior officer.

(3) An officer may order into military custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder.

102.Duty of commanding officer in regard to detention.

102. Duty of commanding officer in regard to detention. (1) It shall be the duty of every commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service.

(2) The case of every person being detained in custody beyond a period of forty-eight hours, and the reason thereof, shall be reported by the commanding officer to the general or other officer to whom application would be made to convene a general or district court-
martial for the trial of the person charged.

(3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public holidays shall be excluded.

(4) Subject to the provisions of this Act, the Central
Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in military custody, pending the trial by any competent authority for any offence committed by him.

103.Interval between committal and court-martial.

103. Interval between commital and court-martial. In every case where any such person as is mentioned in section 101 and as is not on active service remains in such custody for a longer period than eight days, without a court-martial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed, and a similar report shall be forwarded at intervals of every eight days until a court-
martial is assembled or such person is released from custody.

104.Arrest by civil authorities.

104. Arrest by civil authorities. Whenever any person subject to this Act, who is accused of any offence under this Act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to military custody of such person upon receipt of a written application to that effect signed by his commanding officer.

248.
105.Capture of deserters.

105. Capture of deserters. (1) Whenever any person subject to this Act deserts, the commanding officer of the corps, department or detachment to which he belongs, shall give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter ; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter. when apprehended, into military custody.

(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law.

106.Inquiry into absence without leave.

106. Inquiry into absence without leave. (1) When any person subject to this Act has been absent from his duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, be assembled, and such court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries ; and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof, and the said deficiency, if any, and the commanding officer of the corps or department to which the person belongs shall enter in the court-martial book of the corps or department a record of the declaration.

(2) If the person declared absent does not afterwards surrender or is not apprehended, he. shall, for the purposes of this Act, be deemed to be a deserter.

107.Provost-marshals.

107. Provost-marshals. (1) Provost-marshals may be appointed by
1[the Chief of the Army Staff] or by any prescribed officer.

(2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the regular Army.

(3) A provost-marshal may act any time arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a court-martial, or by an officer exercising authority under section 80 but shall not inflict any punishment on his own authority:

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and Sch., for ” the Commander-in-
Chief”.—————————————————
249.

Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.

(4) For the purposes of sub-sections (2) and (3), a provost-
marshal shall be deemed to include a provost-marshal appointed under any law for the time being in force relating to the Government of the
Navy or Air Force, and any person legally exercising authority under him or on his behalf.

CHAPTER X

COURTS-MARTIAL

 

 

108. Kinds of courts-martial. For the purposes of this Act there shall be four kinds of courts-martial, that is to say,-

(a) general courts-martial ;

(b) district courts-martial ;

(c) summary general courts-martial; and

(d) summary courts-martial.

109.Power to convene a general court-martial.

109. Power to convene a general court-martial. A general court-
martial may be convened by the Central Government or 1 [the Chief of the Army Staff ] or by any officer empowered in this behalf by warrant of 1 [the Chief of the Army Staff ].

110.Power to convene a district court-martial.

110. Power to convene a district court-martial. A district court-
martial may be convened by an officer having power to convene a general court-martial or by any officer empowered in this behalf by warrant of any such officer.

111.Contents of warrants issued under sections 109 and 110.111. Contents of warrants issued under sections 109 and 110. A
warrant issued under section 109 or section 110 may contain such restrictions, reservations or conditions as the officer issuing, it may think fit.

112.Power to convene a summary general court-martial.

112. Power to convene a summary general court-martial. The following authorities shall have power to convene a summary general court-martial, namely,-

(a) an officer empowered in this behalf by an order of the
Central Government or of 1[the Chief of the Army Staff];

(b) on active service, the officer commanding the forces in the field, or any officer empowered by him in this behalf;

(c) an officer commanding any detached portion of the regular Army on active service when, in his opinion, it is not practicable, with due regard to discipline and the exi-
gencies of the service, that an offence should be tried by a general court-martial.

113.Composition of general court-martial.

113. Composition of general court-martial. A general court-
martial shall consist of not less than five officers, each of whom has held a commission for not less than three

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2, and Sch., for.” the
Commander-in-Chief “.
———————————————————————-

250

whole years and of whom not less than four are of a rank not below that of captain.

114.Composition of district court-martial.

114. Composition of district court-martial. A district court-
martial shall consist of not less than three officers, each of whom has held a commission for not less than two whole years.

115.Composition of summary general court-martial.

115. Composition of summary general court-martial. A summary general court-martial shall consist of not less than three officers.

116.Summary court-martial.

116. Summary court-martial. (1) A summary court-martial may be held by the commanding officer of any corps, department or detachment of the regular Army, and he shall alone constitute the court.

(2) The proceedings shall be attended throughout by two other persons who shall be officers or junior commissioned officers or one of either, and who shall not as such, be sworn or affirmed.

117.Dissolution of courts-martial.

117. Dissolution of courts-martial. (1) If a court-martial after the commencement of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved.

(2) If, on account of the illness of the judge advocate or of the accused before the finding, it is impossible to continue the trial, a court-martial shall be dissolved.

(3) The officer who convened a court-martial may dissolve such court-martial if it appears to him that military exigencies or the necessities of discipline render it impossible or inexpedient to continue the said court-martial.

(4) Where a court-martial is dissolved under this section, the accused may be tried again.

118.Powers of general and summary general courts-martial.

118. Powers of general and summary general courts-martial. A
general or summary general court-martial shall have power to try any person subject to this Act for any offence punishable therein and to pass any sentence authorised thereby.

119.Powers of district courts-martial.

119. Powers of district courts-martial. A district court-
martial shall have power to try any person subject to this Act other than an officer or a junior commissioned officer for any offence made punishable therein, and to pass any sentence authorised by this
Act other than a sentence of death, transportation, or imprisonment for a term exceeding two years:

Provided that a district court-martial shall not sentence a warrant officer to imprisonment.

120.Powers of summary courts-martial.

120. Powers of summary courts-martial. (1) Subject to the provisions of sub-section (2), a summary court-martial may try any offence punishable under this Act.

(2) When there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a district court-martial or on active service

251.

a summary general court-martial for the trial of the alleged offender, an officer holding a summary court-martial shall not try without such reference any offence punishable under any of the sections 34, 37 and
69, or any offence against the officer holding the court.

(3) A summary court-martial may try any person subject to this
Act and under the command of the officer holding the court, except an officer, junior commissioned officer or warrant officer.

(4) A summary court-martial may pass any sentence which may be passed under this Act, except a sentence of death or transportation, or of imprisonment for a term exceeding the limit specified in sub-
section (5).

(5) The limit referred to in sub-section (4) shall be one year if the officer holding the summary court-martial is of the rank of lieutenantcolonel and upwards, and three months if such officer is below that rank.

121.Prohibition of second trial.

121. Prohibition of second trial. When any person subject to this
Act has been acquitted or convicted of an offence by a court-martial or by a criminal court, or has been dealt with under any of the sections 80, 83, 84 and 85, he shall not be liable to be tried again for the same offence by a court-
martial or dealt with under the said sections.

122.Period of limitation for trial.

122. Period of limitation for trial. (1) Except as provided by sub-section (2), no trial by court-martial of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years 1[and such period shall commence,-

(a) on the date of the offence; or

(b) where the commission of the offence was not known to the person aggrieved by the offence or to the authority com-
petent to initiate action, the first day on which such offence comes to the knowledge of such person or authority, whichever is earlier; or

(c) where it is not known by whom the offence was com-
mitted, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the authority competent to initiate action,whichever is earlier.]

(2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37.(3) In the computation of the period of time mentioned in sub-
section (1), any time spent by such person as a prisoner of war, or in enemy territory, or in evading arrest after the commission of the offence, shall be excluded.

(4) No trial for an offence of desertion other than desertion on active service or of fraudulent enrolment shall be commenced if the person in question, not being an officer, has subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the regular Army.

123.Liability of offender who ceases to be subject to Act.

123. Liability of offender who ceases to be subject to Act. (1)
Where an offence under this Act had been committed by any person while subject to this Act, and he has ceased to be so subject, he may be taken into and kept in military custody, and tried and punished for such offence as if he continued to be so subject.

———————————————————————–
1 Subs. by Act 37 of 1992, s.9.———————————————————————–

252.
(2) No such person shall be tried for an offence, unless his trial commences 1[within a period of three years after he had ceased to be subject to this Act; and in computing such period, the time during which such person has avoided arrest by absconding or concealing himself or where the institution of the proceeding in respect of the offence has been stayed by an injunction or order, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded:]

Provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section
37 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a court-martial.

(3) When a person subject to this Act is sentenced by a court-
martial to transportation or imprisonment, this Act shall apply to him during the term of his sentence, though he is cashiered or dismissed from the regular Army, or has otherwise ceased to be subject to this
Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act.

(4) When a person subject to this Act is sentenced by a court-
martial to death, this Act shall apply to him till the sentence is carried out.

124.Place of trial.

124. Place of trial. Any person subject to this Act who commits any offence against it may be tried and punished for such offence in any place whatever.

125. Choice between criminal court and court-martial. When a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer commanding the army, army corps, division or independent brigade in which the accused person is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted before a court-
martial, to direct that the accused person shall be detained in military custody.
126. Power of criminal court to require delivery of offender. (1)
When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 125 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the Central
Government.

(2) In every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the Central
Government, whose order upon such reference shall be final.

CHAPTER XI

PROCEDURE OF COURTS-MARTIAL

 

 

128. Presiding officer. At every general, district or summary general court-martial the senior member shall be the presiding officer.

129. Judge advocate. Every general court-martial shall, and every district or summary general court-martial may, be attended by a judge advocate, who shall be either an officer belonging to the department of the Judge Advocate General, or if no such officer is available, an officer approved of by the Judge Advocate General or any of his deputies.

130. Challenges. (1) At all trials by general, district or summary general court-martial, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court.

(2) If the accused objects to any such officer, his objection, and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer decide on the objection.

(3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer subject to the same right of the accused to object.

(4) When no challenge is made, or when challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.

131. Oaths of member, judge advocate and witness. (1) An oath or affirmation in the prescribed manner shall be administered to every member of every court-martial and to the judge advocate before the commencement of the trial.

(2) Every person giving evidence before a court-martial shall be examined after being duly sworn or affirmed in the prescribed form.

(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the court-martial is of opinion that though the witness understands the duty of

254.

speaking the truth, he does not understand the nature of an oath or affirmation.

132.Voting by members.

132. Voting by members. (1) Subject to the provisions of sub-
sections (2) and (3), every decision of a court-martial shall be passed by an absolute majority of votes ; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused.

(2) No sentence of death shall be passed by a general court-
martial without the concurrence of at least two-thirds of the members of the court.

(3) No sentence of death shall be passed by a summary general court-martial without the concurrence of all the members.

(4) In matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote.

133.General rule as to evidence.

133. General rule as to evidence. The Indian Evidence Act, 1872,
(1 of 1872.) shall, subject to the provisions of this Act, apply to all proceedings before a court-martial.

134.Judicial notice.

134. Judicial notice. A court-martial may take judicial notice of any matter within the general military knowledge of the members.

135.Summoning withnesses.

135. Summoning withnesses. (1) The convening officer, the presiding officer of a court-martial, 1[or courts of inquiry] the judge advocate or the commanding officer of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing.

(2) In the case of a witness amenable to military authority, the summons shall be sent to his commanding officer, and such officer shall serve it upon him accordingly.

(3) In the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness were required in the court of such magistrate.

(4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision.

136.Documents exempted from production.

136. Documents exempted from production. (1) Nothing in section
135 shall be deemed to affect the operation of sections 123 and 124 of the Indian Evidence Act, 1872, (1 of 1872.) or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities.

(2) If any document in such custody is, in the opinion of any district magistrate, chief presidency magistrate, High Court or Court of Session, wanted for the purpose of any court-martial, such magis-
trate or Court may require the postal or telegraph authorities, as the

———————————————————————-
1 Ins. by Act 37 of 1992, s.12.———————————————————————-

255.
case may be, to deliver such document to such person as such magistrate or Court may direct.

(3) If any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause search to be made for and to detain such document pending the orders of any such district magistrate, chief presidency magistrate or High Court or
Court of Session.

137.Commissions for examination of withness.

137. Commissions for examination of withness. (1) Whenever, in the course of a trial by court-martial, it appears to the Court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such Court may address the Judge
Advocate General in order that a commission to take the evidence of such witness may be issued.

(2) The Judge Advocate General may then, if he thinks necessary, issue a commission to any district magistrate or magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.

(3) The magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he or such magistrate of the first class as he appoints in this behalf, shall proceed to the place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under the 2[
code of Criminal Procedure, 1973] (2 of 1974.) on any corresponding law in force in 1[the State of Jammu and Kashmir].

(4) When the witness resides in a tribal area or in any place outside India, the commission may be issued in the manner specified in
2[Chapter XXII of the Code of Criminal Procedure, 1973] (2 of 1974.)
or of any corresponding law om force in 1[the State of Jammu and
Kashmir].

(5) In this and the next succeeding section, the expression
“Judge Advocate General ” includes a Deputy Judge Advocate General.

138.Examination of a withness on commission.

138. Examination of a withness on commission. (1) The prosecutors and the accused person in any case in which a commission is issued under section 137 may respectively forward any interrogatories in writing which the Court may think

———————————————————————-
1 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for ” a
Part B State”.

2 Subs. by Act 37 of 1992, s.13.———————————————————————-

256.
relevant to the issue, and the magistrate or officer executing the commission shall examine the witness upon such interrogatories.

(2) The prosecutor and the accused person may appear before such magistrate or officer by counsel or, except in the case of an accused person in custody, in person, and may examine, cross-examine and re-
examine, as the case may be, the said witness.

(3) After a commission issued under section 137 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Judge Advocate General.

(4) On receipt of a commission and deposition returned under subsection (3), the Judge Advocate General shall forward the same to the Court at whose instance the commission was issued or, if such
Court has been dissolved, to any other Court convened for the trial of the accused person ; and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the Court.

(5) In every case in which a commission is issued under section
137, the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

139.Conviction of offence not charged.

139. Conviction of offence not charged. (1) A person charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave.

(2) A person charged before a court-martial with attempting to desert may be found guilty of being absent without leave.

(3) A person charged before a court-martial with using criminal force may be found guilty of assault.

(4) A person charged before a court-martial with using threatening language may be found guilty of using insubordinate language.

(5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b), (c) and (d) of section 52 may be found guilty of any other of these offences with which he might have been charged.

(6) A person charged before a court-martial with an offence punishable under section 69 may be found guilty of any other offence of which he might have been found guilty if the provisions of the
1[Code of Criminal Procedure, 1973] (2 of 1974. ) were applicable.

1. Subs by Act 37 of 1992, s. 14.256A

(7) A person charged before a court-martial with any offence under this Act, may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment.

(8) A person charged before a court-martial with any offence under this Act may be found guilty of having attempted or abetted

257.
the commission of that offence, although the attempt or abetment is not separately charged.

140.

Presumption as to signatures.

140. Presumption as to signatures. In any proceeding under this
Act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the Government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown.

141.Enrolment paper.

141. Enrolment paper. (1) Any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this Act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given.

(2) The enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper.

142.Presumption as to certain documents.

142. Presumption as to certain documents. (1) A letter, return or other document respecting the service of any person in, or the cashiering, dismissal or discharge of any person from, any portion of the regular Army, or respecting the circumstance of any person not having served in, or belonged to, any portion of the Forces, if purporting to be signed by or on behalf of the Central Government or
1[the Chief of the Army Staff], or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document.

(2) An Army, Navy or Air Force List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers, junior commissioned officers or warrant officers therein mentioned, and of any appointment held by them and of the corps, battalion or arm or branch of the services to which they belong.

(3) Where a record is made in any regimental book in pursuance of this Act or of any rules made thereunder or otherwise in pursuance of military duty, and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated.

(4) A copy of any record in any regimental book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record.

(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and Sch., for “the Commander-in-
Chief “.
———————————————————————-

258.person subject to this Act, or any portion of the regular Army, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of that portion of the regular Army, or by the commanding officer of the corps, department or detachment to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated.

(6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated.

(7) Any document purporting to be a report under the hand of any
Chemical Examiner or Assistant Chemical Examiner to Government
1[or any of the Government scientific experts namely, the Chief
Inspector of the Explosives, the Director of Finger Print Bureau, the
Director, Haffkeine Institute, Bombay, the Director of a Central
Forensic Science Laboratory or a State Forensic Science Laboratory and the Serologist to the Government.] upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding under this Act.

143.Reference by accused to Government officer.

143. Reference by accused to Government officer. (1) If at any trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the person tried states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received.

(2) The written reply of any officer so referred to shall, if signed by him be received in evidence and have the same effect as if made on oath before the court.

(3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a, fresh trial.

144.Evidence of previous convictions and general character.

144. Evidence of previous convictions and general character. (1)
When any person subject to this Act has been convicted by a court-
martial of any offence, such court-martial may inquire into, and receive and record evidence of any previous convictions of such person, either by a court-martial or by a criminal court, or any previous award of punishment under any of the sections 80, 83, 84 and
85, and may further inquire into and record the general character of such person and such other matters as may be prescribed.

———————————————————————-
1 Ins. by Act 37 of 1992, s,15.———————————————————————-

259.(2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, court-martial books or other official records ; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received.

(3) At a summary court-martial the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.

145.Lunacy of accused.

145. Lunacy of accused. (1) Whenever, in the course of a trial by a court-martial, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly.

(2) The presiding officer of the court, or, in the case of a summary court-martial, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding under section 162, as the case may be.

(3) The confirming officer to whom the case is reported under subsection (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another court-martial for the offence with which he was charged.

(4) The authority to whom the finding of a summary court-martial is reported under sub-section (2), and a confirming officer confirming a finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government.

(5) On receipt of a report under sub-section (4) the Central
Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.

146.Subsequent fitness of lunatic accused for trial.

146. Subsequent fitness of lunatic accused for trial. Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 145, the officer commanding the army, army corps, division or brigade within the area of whose command the accused is in custody or is detained, or any other officer prescribed in this behalf, may-

(a) if such person is in custody under sub-section (4) of section 145, on the report of a medical officer that he is capable of making his defence, or

260

(b) if such person is detained in a jail under sub-section
(5) of section 145, on a certificate of the Inspector General of Prisons, and if such person is detained in a lunatic asylum under the said sub-section on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence,

take steps to have such person tried by the same or another court-
martial for the offence with which he was originally charged or, if the offence is a civil offence, by a criminal court.

147.Transmission to Central Government of orders under section 146.147. Transmission to Central Government of orders under section
146. A copy of every order made by an officer under section 146 for the trial of the accused shall forthwith be sent to the Central
Government.

148.Release of lunatic accused.

148. Release of lunatic accused. Where any person is in custody under sub-section (4) of section 145 or under detention under sub-
section (5) of that section-

(a) if such person is in custody under the said sub-section
(4), on the report of a medical officer, or

(b) if such person is detained under the said sub-section
(5), on a certificate from any of the authorities mentioned in clause (b) of section 146 that, in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person,

the Central Government may order that such person be released or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum.

149.Delivery of lunatic accused to relatives.

149. Delivery of lunatic accused to relatives. Where any relative or friend of any person who is in custody under sub-section
(4) of section 145 or under detention under sub-section (5) of that section desires that he should be delivered to his care and custody, the Central Government may upon application by such relative or friend and on his giving security to the satisfaction of that Government that the person delivered shall be properly taken care of and prevented from doing injury to himself or any other person, and be produced for the inspection of such officer, and at such times and places, as the
Central Government may direct, order such person to be delivered to such relative or friend.

150.

Order for custody and disposal of property pending trial.

150. Order for custody and disposal of property pending trial.
When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a court-martial during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

261.

151.Order for disposal of property regarding which offence is committed.

151. Order for disposal of property regarding which offence is committed. (1) After the conclusion of a trial before any court-
martial, the Court or the officer confirming the finding or sentence of such court-martial, or any authority superior to such officer, or, in the case of a court-martial whose finding or sentence does not require confirmation, the officer commanding the army, army corps, division or brigade within which the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the Court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence.

(2) Where any order has been made under sub-section (1) in res-
pect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the 2[Code of Criminal Procedure, 1973] (2.of 1974),or any corresponding law in force in 1[the State of Jammu and
Kashmir].

(3) In this section the term ” property ” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.

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

152. Powers of court-martial in relation to proceedings under this Act. Any trial by a court-martial under the provisions of this
Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860), and the court-martial shall be deemed to be a Court within the meaning of3[Sections 345 and 346 of the Code of Criminal Procedure, 1973]

CHAPTER XII

CONFIRMATION AND REVISION

153. Finding and sentence not valid, unless confirmed. No finding or sentence of a general, district or summary general, court-martial shall be valid except so far as it may be confirmed as provided by this Act.

———————————————————————-
1 Subs. by the Adaptation of Laws (No. 3) Order, 1956 for ” a
Part B State.

2 Subs. by Act 37 of 1992, s.14.3 Subs. by s.16, ibid.
———————————————————————–

262.

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

154. Power to confirm finding and sentence of general court-
martial. The findings and sentences of general courts-martial may be confirmed by the Central Government, or by any officer empowered in this behalf by warrant of the Central Government.

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

155. Power to confirm finding and sentence of district court-
martial. The findings and sentences of district courts-martial may be confirmed by any officer having power to convene a general court-
martial or by any officer empowered in this behalf by warrant of such officer.

156.Limitation of powers of confirming authority.

156. Limitation of powers of confirming authority. A warrant issued under section 154 or section 155 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.

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

157. Power to confirm finding and sentence of summary general court-martial. The findings and sentences of summary general courts-
martial may be confirmed by the convening officer or if he so directs, by an authority superior to him.

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

158. Power of confirming authority to mitigate, remit or commute sentences. (1) Subject to such restrictions, reservations or conditions as may be contained in any warrant issued under section 154.or section 155 and to the provision of sub-section (2), a confirming authority may, when confirming the sentence of a court-martial, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 71.(2) A sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of trans-
portation awarded by the Court.

159.Confirming of findings and sentences on board a ship.

159. Confirming of findings and sentences on board a ship. When any person subject to this Act is tried and sentenced by a court-
martial while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.

160.

Revision of finding or sentence.

160. Revision of finding or sentence. (1) Any finding or sentence of a court-martial which requires confirmation may be once revised by order of the confirming

262A

authority and on such revision, the Court, if so directed by the con-
firming authority, may take additional evidence.

(2) The Court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent.

(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the Court shall proceed

263.
with the revision, provided that, if a general court-martial, it still consists of five officers, or, if a summary general or district court-
martial, of three officers.

161.Finding and sentence of a summary court-martial.

161. Finding and sentence of a summary court-martial. (1) Save as otherwise provided in sub-section (2), the finding and sentence of a summary court-martial shall not require to be confirmed, but may be carried out forthwith.

(2) If the officer holding the trial is of less than five years service, he shall not, except on active service, carry into effect any sentence until it has received the approval of an officer commanding not less than a brigade.

162.Transmission of proceedings of summary court-martial.

162. Transmission of proceedings of summary court-martial. The proceedings of every summary court-martial shall without delay be forwarded to the officer commanding the division or brigade within which the trial was held, or to the prescribed officer; and such officer, or 1[the Chief of the Army Staff ], or any officer empowered in this behalf by 1[the Chief of the Army Staff ], may, for reasons based on the merits of the case, but not any merely technical grounds, set aside the proceedings or reduce the sentence to any other sentence which the court might have passed.

163.Alteration of finding or sentence in certain cases.

163. Alteration of finding or sentence in certain cases. (1)
Where a finding of guilty by a court-martial, which has been confirmed, or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 179 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding:

Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the said offence.

(2) Where a sentence passed by a court-martial which has been confirmed, or which does not require confirmation, not being a sen-
tence passed in pursuance of a new finding substituted under sub-
section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence.

(3) The punishment awarded by a sentence passed under sub-section
(1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section.

(4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this Act and the rules made

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and Sch., for “the Commander-in-
Chief “.
———————————————————————-

264.
thereunder, have effect as if it were a finding or sentence, as the case may be, of a court-martial.

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

164. Remedy against order, finding or sentence of court-martial.
(1) Any person subject to this Act who considers himself aggrieved by any order passed by any court-martial may present a petition to the officer or authority empowered to confirm any finding or sentence of such court-martial, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates.

(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any court-martial which has been confirmed, may present a petition to the Central Government, 1[the
Chief of the Army Staff ] or any prescribed officer superior in com-
mand to the one who confirmed such finding or sentence, and the
Central Government, 1[the Chief of the Army Staff ] or other officer, as the case may be, may pass such order thereon as it or he thinks fit.

165.Annulment of proceedings.

165. Annulment of proceedings. The Central Government, 1[the
Chief of the Army Staff] or any prescribed officer may annul the proceedings of any court-martial on the ground that they are illegal or unjust.

CHAPTER XIII

EXECUTION OF SENTENCES

 

 

166. Form of sentence of death. In awarding a sentence of death a court-martial shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.

167.Commencement of sentence of transportation or imprisonment.

167. Commencement of sentence of transportation or imprisonment.
Whenever any person is sentenced by a court-martial under this Act to transportation or imprisonment, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer or, in the case of a summary court-martial, by the court.

168.Execution of sentence of transportation.

168. Execution of sentence of transportation. Whenever any sentence of transportation is passed under this Act or whenever any sentence of death is commuted to transportation, the commanding officer of the person under sentence or

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and Sch., for ” the Commander-in-
Chief”.
———————————————————————-

265.such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the civil prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.

169.Execution of sentence of imprisonment.

169. Execution of sentence of imprisonment. (1) Whenever any sentence of imprisonment is passed under this Act by a court-martial or whenever any sentence of death or transportation is commuted to imprisonment, the confirming officer or in case of a summary court-
martial the officer holding the Court or such other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) and
(4), direct either that the sentence shall be carried out by confinement in a military prison or that it shall be carried out by confinement in a civil prison.

(2) When a direction has been made under sub-section (1) the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.

(3) In the case of a sentence of imprisonment for a period not exceeding three months and passed under this Act by a court-martial, the appropriate officer under sub-section (1) may direct that the sentence shall be carried out by confinement in military custody instead of in a civil or military prison.

(4) On active service, a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may from time to time appoint.

169A

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

1[169A. Period of custody undergone by the officer or person to be set off against the imprisonment. When a person or officer subject to this Act is sentenced by a court-martial to a term of imprisonment, not being an imprisonment in default of payment of fine, the period spent by him in civil or military custody during investigation, inquiry or trial of the same case, and before the date of order of such sentence, shall be set off against the term of imprisonment imposed upon him, and the liability of such person or officer to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of the term of imprisonment imposed upon him.]

170.

Temporary custody of offender.

170. Temporary custody of offender. Where a sentence of transportation or imprisonment is directed to be undergone in a civil prison the offender may be kept in a military prison or in military custody or in any other fit place, till such time as it is possible send him to a civil prison.

171.Execution of sentence of imprisonment in special cases.

171. Execution of sentence of imprisonment in special cases.
Whenever, in the opinion of an officer commanding an army, army corps, division or independent brigade, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in a military prison or in military custody in accordance with the provision of section 169 such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil, prison or other fit place.

———————————————————————
1 Ins. by Act 37 of 1992, s.17.———————————————————————

266.172.Conveyance of prisoner from place to place.

172. Conveyance of prisoner from place to place. A person under sentence of transportation or imprisonment may during his conveyance from place to place, or when on board ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal.

173.Communication of certain orders to prison officers.

173. Communication of certain orders to prison officers. Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil or military prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such other person as may be prescribed to the officer in charge of the prison in which such person is confined.

174.Execution of sentence of fine.

174. Execution of sentence of fine. When a sentence of fine is imposed by a court-martial under section 69 whether the trial was held within India or not, a copy of such sentence, signed and certified by the confirming officer, or where no confirmation is required, by the officer holding the trial may be sent to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provision of the 2[Code of Criminal Procedure, 1973] (2 of 1974), or any corresponding law in force in 1 [the State of Jammu and Kashmir] for the levy of fines as if it were a sentence of fine imposed by such magistrate.

175.Establishment and regulation of military prisons.

175. Establishment and regulation of military prisons. The
Central Government may set apart any building or part of a building, or any place under its control, as a military prison for the confinement of persons sentenced to imprisonment under this Act.

176.Informality or error in the order or warrant.

176. Informality or error in the order or warrant. Whenever any person is sentenced to transportation or imprisonment under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this
Act , the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly.

177.Power to make rules in respect of prisons and prisoners.

177. Power to make rules in respect of prisons and prisoners. The
Central Government may make rules providing-

(a) for the government, management and regulation of military prisons;

———————————————————————-
1 Subs. by the Adaptation Of Laws (No. 3) Order, 1956, for “a
Part B State”.
2. Subs by Act 37 of 1992, S. 14.———————————————————————-

266A

(b) for the appointment, removal and powers of inspectors, visitors, governors and- officers thereof;

(c) for the labour of prisoners undergoing confinement therein, and for enabling persons to earn, by special industry and good conduct, a remission of a portion of their sentence;

(d) for the safe custody of prisoners and the maintenance of discipline among them and the punishment, by personal correction, restraint or otherwise, of offences committed by prisoners ;

(e) for the application to military prisons of any of the provisions of the Prisons Act, 1894 (9 of 1894), relating to the duties of

267.
officers of prisons and the punishment of persons not being prisoners ;

(f) for the admission into any prison, at proper times and subject to proper restrictions, of persons with whom pri-
soners may desire to communicate, and for the consultation by prisoners under trial with their legal advisers without the presence as far as possible of any third party within hearing distance.

178.Restriction of rulemaking power in regard to corporal punishment.

178. Restriction of rulemaking power in regard to corporal punishment. Rules made under section 177 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprison-
ment more severe than it is under the law for the time being in force relating to civil prisons.

CHAPTER XIV

PARDONS, REMISSIONS AND SUSPENSIONS

 

 

179. Pardon and remission. When any person subject to this Act has been convicted by a court-martial of any offence, the Central
Government or 1[the Chief of the Army Staff ] or, in the case of a sentence, which he could have confirmed or which did not, require confirmation, the officer commanding the army, army corps, division or independent brigade in which such person at the time of conviction was serving, or the prescribed officer may-

(a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded ; or

(b) mitigate the punishment awarded ; or

(c) commute such punishment for any less punishment or punishments mentioned in this Act:

Provided that a sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the court ; or

(d) either with or without conditions which the person sentenced accepts, release the person on parole.

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and Sch., for ” the
Commander-in-Chief”.

———————————————————————-

268.180.

Cancellation of conditional pardon, release on parole or remission.

180. Cancellation of conditional pardon, release on parole or remission. (1) If any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or re-
mission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon, release or remission had not been granted.

(2) A person whose sentence of transportation or imprisonment is carried into effect under the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence.

181.Reduction of warrant officer or non-commissioned officer.

181. Reduction of warrant officer or non-commissioned officer.
When under the provisions of section 77 a warrant officer or a non-
commissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purpose of section 179, be treated as a punishment awarded by a sentence of a court-martial.

182.Suspension of sentence of transportation or imprisonment.

182. Suspension of sentence of transportation or imprisonment.
(1) Where a person subject to this Act is sentenced by a court-martial to transportation or imprisonment, the Central Government, 1[the Chief of the Army Staff] or any officer empowered to convene a general or a summary general court-martial may suspend the sentence whether or not the offender has already been committed to prison or to military custody.

(2) The authority or officer specified in sub,-section (1) may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained the offender shall not be committed to prison or to military custody.

(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted.

183.Orders pending suspension.

183. Orders pending suspension. (1) Where the sentence referred to in section 182 is imposed by a court-martial other than a summary court-martial, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to military custody until the orders of the authority or officer specified in section 182 have been obtained.

(2) Where a sentence of imprisonment is imposed by a summary court-martial, the officer holding the trial or the officer authorised to approve of the sentence under sub-section (2) of section 161 may make the direction referred to in sub-section (1).

184.Release on suspension.

184. Release on suspension. Where a sentence is suspended under section 182, the offender shall forthwith be released from custody.

185.Computation of period of suspension.

185. Computation of period of suspension. Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.

———————————————————————-
1 Subs. by Act 19 of 1955, s. 2 and Sch., for “the Commander-in-
Chief”.
———————————————————————-

269.
186.Order after suspension.

186. Order after suspension. The authority or officer specified in section 182 may, at any time while a sentence is suspended, order-

(a) that the offender be committed to undergo the unexpired portion of the sentence, or

(b) that the sentence be remitted.

187.Reconsideration of case after suspension.

187. Reconsideration of case after suspension. (1) Where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer specified in section 182, or by any general or other officer not below the rank of field officer duly authorised by the authority or officer specified in section 182.(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 182.188.Fresh sentences after suspension.

188. Fresh sentences after suspension. Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then-

(a) if the further sentence is also suspended under this
Act, the two sentences shall run concurrently ;

(b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or military custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently ; and

(c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 186 or section 187, continue to be suspended.

189.Scope of power of suspension.

189. Scope of power of suspension. The powers conferred by sections 182 and 186 shall be in addition to and not in derogation of the power of mitigation, remission and commutation.

190.

Effect of suspension and remission on dismissal.

190. Effect of suspension and remission on dismissal. (1) Where in addition to any other sentence the punishment of dismissal has been awarded by a court-martial, and such other sentence is suspended under section 182, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 182.(2) If such other sentence is remitted under section 186, the punishment of dismissal shall also be remitted.

CHAPTER XV

RULES

 

191. Power to make rules. (1) The Central Government may make rules for the purpose of carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of the power conferred by sub-section (1), the rules made thereunder may provide for-

(a) the removal, retirement, release or discharge from the service of persons subject to this Act ;

(b) the amount and incidence of fines to be imposed under section 89;

2***

(d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts ;

(e) the convening and constituting of courts-martial and the appointment of prosecutors at trials by courts-martial;

(f) the adjournment, dissolution and sitting of courts-
martial ;

(g) the procedure to be observed in trials by courts-
martial and the appearance of legal practitioners thereat ;

(h) the confirmation, revision and annulment of, and petitions against, the findings and sentences of courts-
martial;

(i) the carrying into effect of sentences of courts-
martial;

(j) the forms of orders to be made under the provisions of this Act relating to courts-martial, transportation and im-
prisonment ;

(k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provision should be made for dependants under section 99, and the due carrying out of such decisions;

(l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non-commis-
sioned officers of the regular Army, Navy and Air Force when acting together ;

(m) any other matter directed by this Act to be prescribed.

192.Power to make regulations.

192. Power to make regulations. The Central Government may make regulations for all or any of the purposes of this Act other than those specified in section 191.———————————————————————-
1 See Army Rules, 1954, Gazette of India, 1954, Pt. II, sec. 4, p. 291.2 omitted by Act 37 of 1992, s.18.———————————————————————-

271.
193.Publication of rules and regulations in Gazette.

193. Publication of rules and regulations in Gazette. All rules and regulations made under this Act shall be published in the
Official Gazette and on such publication, shall have effect as if enacted in this Act.

1[193A. Rules and regulations to be laid before Parliament. Every rule and every regulation made by the Central Government under this
Act shall be laid, as soon as may be after it is made, before each
House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid,both Houses agree in making any modification in the rule or regulation should not be made the rule or regulation on shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.]

194. [Repeals] Rep. by the Repealing and Amending Act, 1957.(36 of 1957), s.2 and Sch. I.

[THE SCHEDULE.] Rep. by the Repealing and Amending Act, 1957.(36 of 1957) s.2 and Sch.I

———————————————————————-
1 Ins. by Act 20 of 1983, s.2 & Sch. (w.e.f. 15.3.1984)

2 Omitted by Act 37 of 1992, s.19.———————————————————————-

THE ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950

An Act to provide for the disposal of the private property of persons subject to the Army Act, 1950 (46 of 1950), or the Air Force Act, 1950
(45 of 1950), who die or desert or are ascertained to be of unsound mind or while on active service are officially reported to be missing.

BE it enacted by Parliament as follows:-

1.Short title, extent and commencement.

1. Short title, extent and commencement. (1) This Act may be called the Army and Air Force (Disposal of Private Property) Act,
1950.

(2) It extends to the whole of India, and applies to citizens of
India and persons subject to the Army Act, 1950 (46 of 1950), or the
Air Force Act, 1950 (45 of 1950), wherever they may be.

(3) It shall come into force on such date2 as the Central
Government may, by notification in the Official Gazette, appoint in this behalf.

2.Definitions.

2. Definitions. In this Act, unless the context otherwise requires,-

(1) “Committee” means the Committee of Adjustment constituted under section 4 ;

(2) “prescribed” means prescribed by rules made under this Act ;

(3) “regimental and other debts in camp or quarters” includes-

(i) in relation to any person subject to the Army Act,
1950, (46 of 1950.) moneys due as military debts, namely, sums due in respect of or of any advance in respect of-

(a) quarters ;

(b) mess, band and other regimental accounts;

———————————————————————–

1 This Act has been extended to-

Goa, Daman and Diu with, modifications by Reg. 12 of 1962, s. 3.and Sch. and comes into force in Pondicherry vide Reg.7 of 1963, s.3.and Sch. I (w.e.f. 1-10-1963)

and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s.
2 and Sch. I (w.e.f. 1-7-1965).

2 22nd July. 1950. see Notification No. S.R.O. 123, dated 22nd
July, 1950, Gazette of India. 1950, Pt. II, Sec. 3, p. 87.———————————————————————–

132.(c) military clothing, appointments and equipments, not exceeding a sum equal to three months pay of the deceased and having become due within eighteen months before the date of his death ; and

(ii) in relation to any person subject to the Air Force Act,
1950, (45 of 1950.) moneys due as air force debts, namely, sums due in respect of or of any advance in respect of-

(a) quarters;

(b) mess, band and other service accounts

(c) air force clothing, appointments and equipments, not exceeding a sum equal to three months pay of the deceased and having become due within eighteen months before the date of his death;

(4) “representation” includes probate, letters of administration, with or without the will annexed and a succession certificate, constituting a person executor or administrator of the estate of a deceased person or authorising him to receive or realise the assets of a deceased person ;

(5) “representative” means any person who has taken out representation, but does not include in Administrator General ;

(6) all words and expressions used herein and defined in the
Army Act, 1950, (46 of 1950.) or the Air Force Act, 1950, (45 of
1950.) and not in this. Act defined shall be deemed to have the meanings respectively attributed to them by those Acts.

3.Property of deceased persons and deserters other than officers.

3. Property of deceased persons and deserters other than officers. (1) On the death or desertion of any person, not being an officer, subject to the Army Act, 1950, (46 of 1950.) or the Air
Force Act, 1950, (45 of 1950.) as the case may be, the commanding officer of the corps, department, detachment or unit to which the deceased or deserter belonged, shall, as soon as may be and subject to any rules that may be made in this behalf-

(a) secure all the movable property belonging to the deceased or deserter that is in camp or quarters, and cause an inventory thereof to be made,

(b) draw the pay and allowances due to such person,

(c) make due provision for the payment of regimental and other debts in camp or quarters, if any, of such persons.

132A

(2) In the case of a deceased person, the commanding officer,-

(a) if in any case not otherwise provided for by rules made under this Act it appears to him to be necessary to make provision for the payment of regimental and other debts in camp or quarters, the funeral expenses of the deceased and the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, shall, and-

(b) in any other case, may,–

collect all moneys left by the deceased in any banking company
(including any post office savings bank, co-operative bank or society or any other institution receiving deposits in money however named)
and for that purpose may require the agent, manager or other proper officer of such banking company, society or other institution to pay the moneys to the commanding officer forthwith, notwithstanding anything in the rules of the banking company, society or other

133.institution, and such agent, manager or other officer shall be bound to comply with the requisition.

(3) Where any money has been paid by a banking company, society or other institution in compliance with a requisition made under sub-
section (2), no person shall have any claim against the banking company, society or other institution in respect of such money.

(4) Where the representative of a deceased has given security to the satisfaction of the commanding officer for the payment of the regimental and other debts in camp or quarters, if any, and of the funeral expenses of the deceased in cases where no provision for the payment of such expenses has been made otherwise and of the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, the commanding officer shall deliver over the property received by him under sub-sections (1) and (2) to that representative, whereupon his responsibility for the administration of the estate of the deceased shall cease.

(5) In the case of a deceased whose estate has not been dealt with under sub-section (4), or under section 10, and in the case of a deserter, the commanding officer,-

(i) if in any case it is necessary in his opinion so to do for the purpose of securing the payment of the regimental and other debts in camp or quarters of the deceased or deserter, the funeral expenses of the deceased, if any, and the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased or deserter, shall, and

(ii) in any other case, may

cause the movable property of the deceased or deserter, as the case may be, to be sold or converted into money.

(6) The commanding officer shall, out of the moneys received, collected or realised under sub-sections (1), (2) and (5), pay the regimental and other debts in camp or quarters, if any, of the deceased or deserter, as the case may be, the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased or deserter, and in the case of a deceased his funeral expenses in cases where no provision for the payment of such expenses has been made otherwise,

(7) The surplus, if any, after payment of the debts and expenses specified in sub-section (6), shall,-

(a) in the case of a deceased, be paid to his representative, if any, or in the event of no claim to such surplus being established within twelve months after the death, to the prescribed person ; and

(b) in the case of a deserter, be forthwith paid to the prescribed person, and shall, on the expiry of three years from the

134.date of desertion, be forfeited to the Central Government, unless the deserter shall have surrendered or been apprehended in the meantime:

Provided that the prescribed person may, if the deserter has not surrendered or been apprehended in the meantime, pay the whole or any part of the surplus received by him under clause (b) to the wife or children or any other dependent of the deserter at any time during the said period of three years.

Explanation.-In this section and in section 4, the word ” officer with reference to persons subject to the Air Force Act, 1950, (45 of
1950. ) includes a warrant officer who has died or deserted.

4.Property of officers who die or desert.

4. Property of officers who die or desert. The provisions of section 3 shall also apply to the disposal of the property of any officer subject to the Army Act, 1950 (46 of 1950.) or the Air Force
Act, 1950, (45 of 1950.) who dies or deserts, but with the following modifications, namely :-

(i) the functions of the commanding officer under section 3.shall be performed by a Committee of Adjustment constituted in this behalf in the prescribed manner ;

(ii) the surplus, if any, after payment of the debts and expenses specified in sub-section (6) of section 3, shall in the case of a deceased officer, be paid to the prescribed person;

5.Decision of questions as to regimental and other debts in campquarters.

5. Decision of questions as to regimental and other debts in camp quarters. If in any case a doubt or difference arises as to what are the regimental and other debts in camp or quarters of a deceased or deserter or as to the amount payable in respect thereof, the decision of the prescribed person shall be final and shall be binding on all persons for all purposes.

6.Representative powers of commanding officer or Committee.

6. Representative powers of commanding officer or Committee.
For the purpose of the exercise of his or its duties under section 3.or section 4, the commanding officer or the Committee, as the case may be, shall, to the exclusion of all other persons and authorities whomsoever or whatsoever, have the same rights and powers as if he or it had taken out representation to the estate of the deceased, and any receipt given by the commanding officer or the Committee, as the case may be, shall have effect accordingly.

7.Power of Central Government to hand over estate of decased person tothe
Administrator General.

7. Power of Central Government to hand over estate of decased person to the Administrator General. (1) Notwithstanding anything contained in the Administrator Generals Act, 1913, (3 of 1913.) an
Administrator General shall not interpose in any manner in relation to any property of a deceased which has been dealt with under the provisions of section 3 or section 4, except in so far as he is expressly required or permitted to do so by or under the provisions of this Act.

(2) The Central Government may, at any time and in such circumstances as it thinks fit, direct that the estate of a deceased shall be handed over by the commanding officer or the Committee, as the case may be, to the Administrator General of a State for administration, and thereupon the commanding officer or the Committee, as the

135.case may be, shall make over the estate to such Administrator General.

(3) Where under this section any estate is handed over to the
Administrator General, the Administrator General shall administer such estate in accordance with the provisions of the Administrator
Generals Act, 1913, (3 of 1913.) or, if that Act is not in force in any State, of the corresponding law in force in that State:

Provided that the regimental and other debts in camp or quarters of the deceased, if any, shall be paid by the Administrator General in priority to any other debts due by the deceased.

(4) The Administrator General shall. pay the surplus, if any, remaining in his hands after discharging all debts and charges, to the heirs of the deceased, and, if no heir is traceable, shall make over the surplus in the prescribed manner to the prescribed person.

(5) The Administrator General shall not charge in respect of his duties under this section any fee exceeding three per cent. of the gross amount coming to or remaining in his hands after payment of the regimental and other debts in camp or quarters.

8.Disposal of surplus by prescribed persons.

8. Disposal of surplus by prescribed persons. On receipt of the surplus referred to in sub-section (7) of section 3 or clause (ii)
of section 4 or sub-section (4) of section 7, the prescribed person shall,-

(a) if he knows of a representative of the deceased, pay the surplus to that representative ;

(b) if he does not know of any such representative and the surplus has not been disposed of under section 10, publish every year a notice in the prescribed form and manner for six consecutive years and if no claim to the surplus is made by a representative of the deceased within six months even after the publication of the last of such notices, the prescribed person shall deposit the surplus together with any income or accumulation of income accrued therefrom to the credit of the
Central Government:

Provided that such deposit shall not bar the claim of any person to such surplus or any part thereof, if he is otherwise entitled to it.

9.Disposal of effects, not money.

9. Disposal of effects, not money. Where any part of the estate of a deceased person consists of effects, securities or other property not converted into money, the provisions of sub-section (7)
of section 3, clause (ii) of section 4 and section 8, with respect to the payment of the surplus, shall, save as may be prescribed, extend to the delivery, transmission or transfer of such effects, securities or property, and the prescribed person shall have the same power of converting the same into money as a representative of the deceased.

136.10.Disposal of certain property without production of probate, etc.

10. Disposal of certain property without production of probate, etc. Property deliverable and money payable to the representative of a deceased under section 3 or section 4 or section 8 may, if the total amount or value thereof does not exceed 1[ten thousand] rupees and if the prescribed person thinks fit, be delivered or paid to any person appearing to him to be entitled to receive it or to administer the estate of the deceased without requiring such person to produce any probate, letters of administration, succession certificate or other such conclusive evidence of title.

11.Discharge of commanding officer, Committee, prescribed person and theCentral
Government.

11. Discharge of commanding officer, Committee, prescribed person and the Central Government. Any payment or application of money or application, delivery, sale or other disposition of any property made, or purported to be made, by the commanding officer, the
Committee or the prescribed person in good faith in pursuance of section 3, section 4, section 8, section 9 or section 10 shall be valid and shall be a full discharge to the commanding officer, the
Committee or the prescribed person, as the case may be, and to the
Central Government from all further liability in respect of that money or property; but nothing herein contained shall affect the right of any executor or administrator or other representative, or of any creditor of the deceased against any person to whom such payment or delivery has been made.

12.Property in the hands of commanding officer, Committee or prescribedperson not to be assets where commanding officer, Committee orprescribed person is stationed.

12. Property in the hands of commanding officer, Committee or prescribed person not to be assets where commanding officer, Committee or prescribed person is stationed. Any Property coming into the hands of the commanding officer or the Committee or the prescribed person under section 3, section 4, or sub-section (4) of section 7 shall not, by reason thereof, be deemed to be assets or effects at the place in which that commanding officer or the Committee or the prescribed person is stationed, and it shall not be necessary by reason thereof that representation be taken out in respect of that property for that place.

13.Saving of rights of representative.

13. Saving of rights of representative. After the commanding officer, or the Committee has paid to the prescribed person the surplus of the property of any deceased under sub-section (7) of section 3 or clause (ii) of section 4, any representative of the deceased or any Administrator General, shall, as regards any property of the deceased not collected by the commanding officer or the
Committee, as the case may be, and not forming part of the aforesaid surplus, have the same rights and duties as if sections 3 and 4 had not been enacted.

14.Application of sections 3 to 13 to persons of unsound mind or topersons reported missing on active service.

14. Application of sections 3 to 13 to persons of unsound mind or to persons reported missing on active service. The provisions of sections 3 to 13 shall, so far as they can be made applicable, also apply in the case of a person subject to the Army Act, 1950 (46 of
1950), or the Air Force Act, 1950 (45 of 1950), as the case may be, who, notwithstanding anything contained in the Indian Lunacy Act,
1912, (4 of 1912), is ascertained in the prescribed manner to be of unsound mind, or who, while on active service, is officially reported missing, as if he had died on the day on which his unsoundness of mind is so

———————————————————————-

1 Subs. by Act 30 of 1970, s.2, for “five thousand”.
———————————————————————-

137.ascertained or, as the case may be, on the day on which he is officially reported missing :

Provided that in the case of a person so reported missing, no action shall be taken under sub-sections (2) to (6) of section 3 or section 4 or section 7 until such time as he is officially presumed to be dead.

15.Appointment of Standing Committee of Adjustment in certain cases.

15. Appointment of Standing Committee of Adjustment in certain cases. When an officer dies or deserts or is ascertained in the prescribed manner to be of unsound mind or while on active service is officially reported missing, the references in the foregoing pro-
visions of this Act to the Committee shall be construed as references to the Standing Committee of Adjustment, if any, constituted in this behalf in the prescribed manner and such Standing Committee shall alone be entitled to perform all the functions of the Committee under this Act,

16.Power to make rules.

16. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules1 for the purpose of carrying into effect the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may-

(a) prescribe the manner in which any property belonging to a deceased or deserter may be secured or collected and his regimental and other debts in camp or quarters paid ;

(b) provide for the payment of the funeral expenses of any deceased;

(c) provide for the constitution of the Committee of
Adjustment or any Standing Committee of Adjustment under this
Act;

(d) specify the person who shall be regarded as the prescribed person for the purposes of this Act ;

(e) prescribe the circumstances in which the estate of any deceased shall be handed over to the Administrator General ;

(f) prescribe the form and manner in which a notice under section 8 shall be published ;

(g) prescribe the procedure by which any person may be ascertained to be of unsound mind.

2[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions afore-
said, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

17.Repeals.

17. [Repeals.] Rep. by the Repealing and Amending Act,1957 (36.of 1957), s. 2 and Sch. I.

———————————————————————–

1 For the Army and Air Force (Disposal of Private Property)
Rules, 1953, see Gazette of India 1953, Pt. II, Sec. 4, p. 272.2 Ins. by Act 20 of 1983, s. 2 and Sch.(w.e.f. 18-3-1984).

THE ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) AMENDMENT ACT, 2000

An act further to amend the Army and Air Force (Disposal of Private
Property) Act, 1950.

BE it enacted by Parliament in the Fifty-first Year of the Republic of
India as follows:-

1.Short title.

1. Short title.-This Act may be called the Army and Air Force
(Disposal of Private Property) Amendment Act, 2000.

2.Amendment of section 7.2. Amendment of section 7.-In section 7 of the Army and Air Force
(Disposal of Private Property) Act, 1950 (40 of 1950) (hereinafter referred to as the principal Act), in sub-sections (1) and (3), for the words and figures “the Administrator Generals Ac , 1913 (3 of
1913)”, the words and figures “the Administrators-General Act, 1963.(45 of 1963)” shall be substituted.

3.Amendment of section 10.3. Amendment of section 10.-In section 10 of the principal Act, for the words “ten thousand”, the words “two lakhs” shall be substituted.

4.Amendment of section 14.4. Amendment of section 14.-In section 14 of the principal Act, for the words and figures “the Indian Lunacy Act, 1912 (4 of 1912)”, the words and figures the Mental Health Act, 1987 (14 of 1987)” shall be substituted.

THE ASSAM RIFLES ACT, 1941

An Act to provide for the regulation of and the maintenance of discipline in the Assam Rifles.

WHEREAS it is expedient to provide for the regulation of and the maintenance of discipline in the Assam Rifles;

It is hereby enacted as follows : –

1.Short title, extent and application.

1. Short title, extent and application. (1) This Act may be called the Assam Rifles Act, 1941.(2) ” Commandant ” or ” Assistant Commandant ” means a of the
Assam Rifles wherever they may be serving.

2.Definitions.

2. Definitions. In this Act, unless there is anything repugnant in the subject or context,-

(1) ” active service ” means service at outposts, or against hostile tribes or other persons in the field ;

(2) ” Commandant ” or ” Assistant Commandant ” means a person appointed by the Central Government to be a Commandant or an Assistant Commandant of the Assam Rifles;

2[(3) “District Magistrate” includes a Deputy Commissioner;]

(4) ” rifleman” means a person appointed as such under section 4 after he has signed the statement in the Schedule in accordance with the provisions of sub-section (2) of sec-
tion 4, and includes a rifleman appointed under the Assam
Rifles Act, 1920, (Assam Rifles Act 1 of 1920.) and a
Military Police Officer appointed under the Eastern Bengal and Assam Military Police Act, 1912, (E.B. & A. Act 3 of
1934.) 3[and a non-combatant appointed as such, whether before or after the commencement of the Assam Rifles
(Amendment) Act, 1951 (12 and 4 of 1951)]

(5) “superior officer” means, in relation to any rifleman,-

(a) an officer of a higher class than, or of a higher grade in the same class as, himself, and

(b) any Assistant Commandant or Commandant:
————————————————————————

1 Subs. by Act 30 of 1962, s.2, for “the whole of Assam”.

2 Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order. 1974 (w.e.f. 21-1-1972). G.S.R.
7(E). dated 2-1-1974. Gazette of India. Extraordinary, Pt. II See.
3(i), p. 29, for the former sub-section (3).

3 Ins. by Act 34 of 1951, s. 2.4 Ins. by Act 34 of 1951, s 2.———————————————————————-

98.(6) the expressions “reason to believe”, “criminal force”,
“assault”, “fraudulently” and “voluntarily causing hurt” have the meanings assigned to them respectively in the Indian
Penal Code. (45 of 1860.)

3.General suberintendence and control of the force.

3. General suberintendence and control of the force. General superintendence and control of the Assam Rifles shall be exercised by such person or authority as the Central Government may appoint in this behalf, and, in the exercise of such superintendence and control, the person or authority so appointed shall be governed by such rules and orders as the Central Government may make in this behalf.

4.Appointment and discharge.

4. Appointment and discharge. (1) The appointment of all riflemen shall rest with the Commandant.

(2) Before any person is appointed to be a rifleman, the statement in the Schedule shall be read and if necessary explained to him in the presence of a Magistrate, Commandant or Assistant
Commandant, and shall be signed by him in acknowledgement of its having been so read to him.

(3) A rifleman shall not be entitled to be discharged except in accordance with the terms of the statement which he has signed under this Act or under the Assam Rifles Act, 1920. (Assam Act 1 of 1920.)

5.Classes and rank.

1[5. Classes and rank. (1) There may be all or any of the classes of riflemen specified in the table hereunder, namely:-

TABLE

————————————————————————

Combatants Non-combatants
1 2.————————————————————————

(i) Subadars-Major. (i) Hospital attendants.

(ii) Subadars. (ii)Cooks.

(iii) Jemadars and Transport Jema-(iii) Water-carriers.

dars. (iv) Cart-men.

(iv) Havildars-Major. (v) Range-warders.

(v) Havildars and Dafadars. (vi) Barbers.

(vi) Nalbands. (vii) Washermen.

(vii) Naiks. (viii) Sweepers.

(viii) Lance Naiks.

(ix) Buglers, riflemen and mule

drivers.

——————————————————————-

——————————————————————–

1 Subs. by Act 34 of 1951, s. 3, for the former section.
——————————————————————–

98A

and such grades in each class as the Central Government may from time to time direct.

(2) The persons specified in column 1 of the table in sub-
section (1) shall take rank in the order mentioned in that column.]

6.Heinous offences.

6. Heinous offences. A rifleman who-

(a) begins, excites, causes or joins in any mutiny or being present at any mutiny does not use his utmost endeavours to suppress it, or knowing or having reason to believe in the existence of any mutiny does not without delay give information thereof to his Commanding or other superior officer ; or

99.(b) uses, or attempts to use, criminal force to, or commits an assault on his superior officer, knowing or having reason to believe him to be such, whether on or off duty ; or

(c) shamefully abandons or delivers up any garrison, fortress, post or guard, which is committed to his charge or which it is his duty to defend ; or

(d) in the presence of an enemy or of any person in arms against whom it is his duty to act, shamefully casts away his arms or his ammunition, or intentionally uses words or any other means to induce any other rifleman to abstain from acting against the enemy, or to discourage any other rifleman from acting against the enemy ; or

(e) directly or indirectly holds correspondence with, or communicates intelligence to, or assists or relieves any person in arms against the State, or omits to discover immediately to his Commanding or other superior officer any such correspondence or communications coming to his knowledge; or

(f) directly or indirectly assists or relieves with money, victuals or ammunition, or knowingly harbours or protects, any enemy or person in arms against the State;

or who, while on active service,-

(g) disobeys the lawful command of his superior officer; or

(h) deserts or attempts to desert the service ; or

(i) being a sentry, sleeps upon his post, or quits it without being regularly relieved or without leave ; or

(j) leaves his Commanding Officer, or his post or party, to go in search of plunder ; or

(k) quits his guard, picquet, party or patrol without being regularly relieved or without leave ; or

(l) uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters, or forces a safeguard, or breaks into any house or other place for plunder, or plunders, destroys or damages any property of any kind; or

(m) intentionally causes or spreads a false alarm in action or in camp, garrison or quarters ;

shall be punished with transportation for life, or with imprisonment which may extend to fourteen years, or with fine which may extend to five hundred rupees, or with both such imprisonment and fine.

100

7.Other offences including acts prejudicial to good order anddiscipline.

7. Other offences including acts prejudicial to good order and discipline. A rifleman who-

(a) is in a state of intoxication when on or detailed for any duty, or on parade, or on the line of march, or

(b) strikes, or forces or attempts to force, any sentry ;
or

(c) being in command of a guard, picquet or patrol, refuses to receive any prisoner duly committed to his charge, or whether in such command or not, releases any prisoner without proper authority or negligently suffers any prisoner to escape ; or

(d) being deputed to any guard, picquet or patrol, quits it without being regularly relieved or without leave; or

(e) being in command of a guard, picquet or patrol, permits gambling or other behaviour prejudicial to good, order and discipline; or

(f) being under arrest or in confinement, leaves his arrest or confinement before he is set at liberty by proper autho-
rity ; or

(g) is grossly insubordinate or insolent to his superior officer in the execution of his office ; or

(h) refuses to superintend or assist in the making of any field work or other military work of any description ordered to be made either in quarters or in the field ; or

(i) strikes or otherwise ill-uses any rifleman subordinate to him in rank or position ; or

(j) being in command at any post or on the march and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has committed any riot or trespass, fails, on proof of the truth of the complaint, to have due reparation made as far as possible to the injured person and to report the case to the proper authority ; or

(k) designedly or through neglect injures or loses or fraudulently or without due authority disposes of his arms, clothes, tools, equipment, ammunition, accoutrements or other necessaries, or any such articles entrusted to him or belonging to any other person ; or

(l) malingers, feigns or produces disease or infirmity in himself, or intentionally delays his cure, or aggravates his disease or infirmity ; or

(m) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or any other person ; or

101.(n) commits extortion, or without proper authority exacts from any person carriage, porterage, or provisions ; or

(o) designedly or through neglect kills, injures, makes away with, ill-treats or loses his horse, or any animal used in the public service ;

or who, while not on active service,-

(p) disobeys the lawful command of his superior officer; or

(q) plunders, destroys or damages any property of any kind;
or

(r) being a sentry, sleeps upon his post, or quits it without being regularly relieved or without leave; or

(s) deserts or attempts to desert the service ; or

(t) neglects to obey any battalion or other orders, or commits any act or omission prejudicial to good order and discipline such act or omission not constituting an offence under the Indian Penal Code (45 of 1860.) or other Act in force in Assam,

shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two hundred rupees, or with both.

8.Minor offences and punishment.

8. Minor offences and punishment. (1) A District Magistrate or a Commandant, or subject to. the control of the Commandant, an
Assistant Commandant, or subject to the control of the Commandant an officer not below the rank of a Jemadar commanding a separate detachment or an outpost or in temporary command at the headquarters of a District during the absence of the District Magistrate, Commandant and Assistant Commandant, may, without a formal trial, award to any rifleman below the rank of a Naik, who is subject to his authority, any of the following punishments for the commission of any petty offence against discipline, which is not otherwise provided for in this Act, or which is not of a sufficiently serious nature to call for prosecution before a criminal Court, that is to say,-

(a) imprisonment in the Quarter Guard, or such other place as may be considered suitable, for a term which may extend to twenty-eight days when the order is passed by a District
Magistrate or a Commandant 1[or an Assistant Commandant] or to seven days when it is passed by any other officer;

———————————————————————-

1 Ins. by Act 48 of 1958, s. 2.———————————————————————-

102.(b) punishment drill, extra guard, fatigue or other duty, not exceeding twenty-eight days in duration, with or without confinement to lines ;

(c) forfeiture of pay and allowances for a period not exceeding twenty-eight days.

(2) Any of the punishments specified in sub-section (1) may be awarded separately or in combination with any one or more of the others, but no award or awards including imprisonment and confinement to lines shall exceed twenty-eight consecutive days.

1[Explanation.-For the purposes of this section, every non-
combatant shall be deemed to be below the rank of a naik.]

9.Manner of imprisonment.

9. Manner of imprisonment. Any rifleman sentenced under this
Act to imprisonment for a period not exceeding three months shall, when he is also dismissed from the Assam Rifles, be imprisoned in a civil Jail, but when he is not also dismissed from the Assam Rifles he may, if the convicting Court or the District Magistrate so directs, be confined in the Quarter Guard or such other place as the Court or
Magistrate may consider suitable.

10.Privileges of, and protection for acts done by, Commandant, AssistantCommandant, etc.

2[10. Privileges of, and protection for acts done by, Commandant, Assistant Commandant, etc. (1) A Commandant, Assistant
Commandant or rifleman shall be entitled to all the privileges which a police officer has under section 125 of the Indian Evidence Act,
1872 (1 of 1872), and any other enactment for the time being in force.

(2) In any suit or proceeding against a Commandant, Assistant
Commandant or rifleman for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order.

(3) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved, the Commandant, Assistant Commandant or rifleman, as the case may be, shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order.

(4) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal)

———————————————————————

1 Ins. by Act 34 of 1951, s. 4.2 Subs. by Act 30 of 1962, s. 3, for s. 10.———————————————————————

102A

which may lawfully be brought against a Commandant, Assistant
Commandant or rifleman for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the orders or rules made thereunder, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be given, where the defendant is a rifleman, to his superior officer, and in other cases, to the defendant, at least one month before the commencement of such proceeding.

10A.

Powers and duties that may be conferred or imposed by the
CentralGovernment on Commandant, Assistant Commandant, etc.

10A. Powers and duties that may be conferred or imposed by the
Central Government on Commandant, Assistant Commandant, etc. (1) The
Central Government may, by general or special order, confer or impose upon any Commandant, Assistant Commandant or rifleman, any of the powers or duties conferred or imposed on a police officer of any class or grade by any law for the time being in force.

(2) Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (5 of 1898), the Central Government may invest any
Commandant or Assistant Commandant with the powers of a Magistrate of any class for the purpose of inquiring into or trying any offence committed by a rifleman and punishable under this Act or any offence committed by a rifleman against the person or property of another rifleman or of any person acting with or assisting the Assam Rifles.]

11.Members of the Assam Rifles to be deemed part of the Indian Army forcertain purposes.

11. Members of the Assam Rifles to be deemed part of the Indian
Army for certain purposes. For the purposes of sections 128, 130 and
131 of the Code of Criminal Procedure, 1898 ( 5 of 1898), a
Commandant, Assistant Commandant, Subadar-Major, Subadar or Jemadar of the Assam Rifles shall be deemed to be an officer, a Havildar-Major, Havildar or Naik shall be deemed to be a non-commissioned officer and a bugler or rifleman shall be deemed to be a soldier of the Indian
Army.

12.Power of Central Government to make rules.

12. Power of Central Government to make rules. 1[(1)] The
Central Government may, 1[by notification in the Official Gazette,] as regards the Assam Rifles, make such orders and rules consistent with this Act, as it thinks expedient, relative to the several matters respecting which the Inspector General of Police, with the approval of the State Government, may, as regards the Police Force, frame orders and rules under section 12 of the Police Act, 1861 (5 of 1861),

1[(2) Every order and every rule made under this section shall be laid as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the order or rule, or both
Houses agree that the order or rule should not be made, the order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order or rule.]

13.Cesser of Assam Act 1 of 1920 and of appointment of riflemen as policeofficers.

13. Cesser of Assam Act 1 of 1920 and of appointment of riflemen as police officers. The Assam Rifles Act,
1920, shall cease to apply to the Assam Rifles and to riflemen, and all riflemen shall, on the commencement of this Act, cease to be police officers under the Police Act, 1861 (5 of 1961),

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1 Renumbered and ins. by Act 4 of 1986, s. 2 and Sch. (w.e.f.
15.5.1986).
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102B

SCHE

STATEMENT[See sections 2(4) and 4(2).]

THE SCHEDULE

STATEMENT

[See sections 2(4) and 4(2).]

1. After you have served for four years in the first instance in the Assam Rifles you have the option of extending the term of your service in the Assam Rifles indefinitely, so long as the Commandant is satisfied with your services, or of claiming your discharge at any time, making your application through the officer to whom you may be subordinate, to a Commandant of the Assam Rifles or to the

103.Magistrate of the District in which you may be serving; and you will be granted your discharge after two months from the date of your application, unless you are on active service or unless your discharge would cause the vacancies in the Assam Rifles to exceed one-tenth of the sanctioned strength. In either of the above cases you must continue to serve in the Assam Rifles until the objection is waived by competent authority or removed.

2. On your enlistment, appointment or training as a musician
(piper, drummer, or bandsman), bugler, signaller, writer, soldier-
clerk, havildar-compounder or as an artificer (armourer, mochi, carpenter, stone-mason, or motor driver) 1[or as a hospital attendant, cook, water-carrier, cart-man, range-warder, barber, washerman or sweeper] you must, in spite of the provisions of paragraph 1 above, serve in the Assam Rifles for eight years from the date of your enlistment or the completion of your training, as the case may be.

3. On your deputation for a specialist course at an Army Train-
ing Centre you must sign an undertaking, before leaving the battalion to proceed on the course, that you will not, in spite of the pro-
visions of paragraph 1 above, apply for discharge during the four years following your attendance at the Army Training Course.

4. On your deputation to the Educational or Veterinary Course you must sign an undertaking, before leaving the battalion to proceed on the Course. that you will not, in spite of the provisions of paragraph 1 above, apply for discharge during the eight years follow-
ing your attendance at the Course.

5. In the event of your re-enlistment after you have been dis-
charged, you will have no claim to reckon for pension or any other purpose your service previous to your discharge.

Signature of rifleman in acknowledgment of the above having been read………………………………………………………..
to him. A. B.

Signed in my presence after I had ascertained that A. B. understood the………………………………………………………….
purport of what he signed. C. D.

Magistrate, Commandant or Assistant
Commandant.

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