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Bar News Acts League

The Army Act, 1950

Act ID: 1950

The Army Act, 1950

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

Table of Contents

198 Sections

Ch. 1

PRELIMINARY

S.1Short title and commencement.S.2Persons subject to this Act.S.3Definitions.

Ch. 2

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES

S.4Application of Act to certain forces under Central Government.S.5[Omitted.].S.6Special provision as to rank in certain cases.S.7Commanding officer of persons subject to military law under clause (i) of section 2.S.8Officers exercising powers in certain cases.S.9Power to declare persons to be on active service.

Ch. 3

COMMISSION, APPOINTMENT AND ENROLMENT

S.10Commission and appointment.S.11Ineligibility of aliens for enrolment.S.12Ineligibility of females for enrolment or employment.S.13Procedure before enrolling officer.S.14Mode of enrolment.S.15Validity of enrolment.S.16Persons to be attested.S.17Mode of attestation.

Ch. 4

CONDITIONS OF SERVICE

S.18Tenure of service under the Act.S.19Termination of service by Central Government.S.20Dismissal, removal or reduction by the Chief of the Army Staff and by other officers.S.21Power to modify certain fundamental rights in their application to persons subject to this Act.S.22Retirement, release or discharge.S.23Certificate on termination of service.S.24Discharge or dismissal when out of India.

Ch. 5

SERVICE PRIVILEGES

S.25Authorised deductions only to be made from pay.S.26Remedy of aggrieved persons other than officers.S.27Remedy of aggrieved officers.S.28Immunity from attachment.S.29Immunity from arrest for debt.S.30Immunity of persons attending courts-martial from arrest.S.31Privileges of reservists.S.32Priority in respect of army personnel?s litigation.S.33Saving of rights and privileges under other laws.

Ch. 6

OFFENCES

S.34Offences in relation to the enemy and punishable with death.S.35Offences in relation to the enemy and not punishable with death.S.36Offences punishable more severely on active service than at other times.S.37Mutiny.S.38Desertion and aiding desertion.S.39Absence without leave.S.40Striking or threatening superior officers.S.41Disobedience to superior officer.S.42Insubordination and obstruction.S.43Fraudulent enrolment.S.44False answers on enrolment.S.45Unbecoming conduct.S.46Certain forms of disgraceful conduct.S.47Ill-treating a subordinate.S.48Intoxication.S.49Permitting escape of person in custody.S.50Irregularity in connection with arrest or confinement.S.51Escape from custody.S.52Offences in respect of property.S.53Extortion and corruption.S.54Making away with equipment.S.55Injury to property.S.56False accusations.S.57Falsifying official documents and false declaration.S.58Signing in blank and failure to report.S.59Offences relating to courts-martial.S.60False evidence.S.61Unlawful detention of pay.S.62Offences in relation to aircraft and flying.S.63Violation of good order and discipline.S.64Miscellaneous offences.S.65Attempt.S.66Abetment of offences that have been committed.S.67Abetment of offences punishable with death and not committed.S.68Abetment of offences punishable with imprisonment and not committed.S.69Civil offences.S.70Civil offence not triable by court-martial.

Ch. 7

PUNISHMENTS

S.71Punishments awardable by courts-martial.S.72Alternative punishments awardable by court-martial.S.73Combination of punishments.S.74Cashiering of officers.S.75[Omitted.].S.76[Omitted.].S.77Result of certain punishments in the case of a warrant officer or non-commissioned officer.S.78Retention in the ranks of a person convicted on active service.S.79Punishments otherwise than by court-martial.S.80Punishment of persons other than officers, junior commissioned officers and warrant officers.S.81Limit of punishments under section 80.S.82Punishments in addition to those specified in section 80.S.83Punishment of officers, junior commissioned officers and warrant officers by brigade commanders and others.S.84Punishment of officers, junior commissioned officers and warrant officers by area commanders and others.S.85Punishment of junior commissioned officers.S.86Transmission of proceedings.S.87Review of proceedings.S.88Superior military authority.S.89Collective fines.

Ch. 8

PENAL DEDUCTIONS

S.90Deductions from pay and allowances of officers.S.91Deductions from pay and allowances of persons other than officers.S.92Computation of time of absence or custody.S.93Pay and allowances during trial.S.94Limit of certain deductions.S.95Deduction from public money due to a person.S.96Pay and allowances of prisoner of war during inquiry into his conduct.S.97Remission of deductions.S.98Provision for dependants of prisoner of war from remitted deductions.S.99Provision for dependants of prisoner war from his pay and allowances.S.100Period during which a person is deemed to be a prisoner of war.

Ch. 9

ARREST AND PROCEEDINGS BEFORE TRIAL

S.101Custody of offenders.S.102Duty of commanding officer in regard to detention.S.103Interval between committal and court-martial.S.104Arrest by civil authorities.S.105Capture of deserters.S.106Inquiry into absence without leave.S.107Provost-marshals.

Ch. 10

COURTS-MARTIAL

S.108Kinds of courts-martial.S.109Power to convene a general court-martial.S.110Power to convene a district court-martial.S.111Contents of warrants issued under sections 109 and 110.S.112Power to convene a summary general court-martial.S.113Composition of general court-martial.S.114Composition of district court-martial.S.115Composition of summary general court-martial.S.116Summary court-martial.S.117Dissolution of courts-martial.S.118Powers of general and summary general courts-martial.S.119Powers of district courts-martial.S.120Powers of summary courts-martial.S.121Prohibition of second trial.S.122Period of limitation for trial.S.123Liability of offender who ceases to be subject to Act.S.124Place of trial.S.125Choice between criminal court and court-martial.S.126Power of criminal court to require delivery of offender.S.127[Omitted.].

Ch. 11

PROCEDURE OF COURTS-MARTIAL

S.128Presiding officer.S.129Judge advocate.S.130Challenges.S.131Oaths of member, judge advocate and witness.S.132Voting by members.S.133General rule as to evidence.S.134Judicial notice.S.135Summoning witnesses.S.136Documents exempted from production.S.137Commissions for examination of witnesses.S.138Examination of a witness on commission.S.139Conviction of offence not charged.S.140Presumption as to signatures.S.141Enrolment paper.S.142Presumption as to certain documents.S.143Reference by accused to Government officer.S.144Evidence of previous convictions and general character.S.145Lunacy of accused.S.146Subsequent fitness of lunatic accused for trial.S.147Transmission to Central Government of orders under section 146.S.148Release of lunatic accused.S.149Delivery of lunatic accused to relatives.S.150Order for custody and disposal of property pending trial.S.151Order for disposal of property regarding which offence is committed.S.152Powers of court-martial in relation to proceedings under this Act.

Ch. 12

CONFIRMATION AND REVISION

S.153Finding and sentence not valid, unless confirmed.S.154Power to confirm finding and sentence of general court-martial.S.155Power to confirm finding and sentence of district court-martial.S.156Limitation of powers of confirming authority.S.157Power to confirm finding and sentence of summary general court-martial.S.158Power of confirming authority to mitigate, remit or commute sentences.S.159Confirming of findings and sentences on board a ship.S.160Revision of finding or sentence.S.161Finding and sentence of a summary court-martial.S.162Transmission of proceedings of summary court-martial.S.163Alteration of finding or sentence in certain cases.S.164Remedy against order, finding or sentence of court-martial.S.165Annulment of proceedings.

Ch. 13

EXECUTION OF SENTENCES

S.166Form of sentence of death.S.167Commencement of sentence of transportation or imprisonment.S.168Execution of sentence of transportation.S.169Execution of sentence of imprisonment.S.169APeriod of custody undergone by the officer or person to be set off against the imprisonment.S.170Temporary custody of offender.S.171Execution of sentence of imprisonment in special cases.S.172Conveyance of prisoner from place to place.S.173Communication of certain orders to prison officers.S.174Execution of sentence of fine.S.175Establishment and regulation of military prisons.S.176Informality or error in the order or warrant.S.177Power to make rules in respect of prisons and prisoners.S.178Restriction of rulemaking power in regard to corporal punishment.

Ch. 14

PARDONS, REMISSIONS AND SUSPENSIONS

S.179Pardon and remission.S.180Cancellation of conditional pardon, release on parole or remission.S.181Reduction of warrant officer or non-commissioned officer.S.182Suspension of sentence of transportation or imprisonment.S.183Orders pending suspension.S.184Release on suspension.S.185Computation of period of suspension.S.186Order after suspension.S.187Reconsideration of case after suspension.S.188Fresh sentences after suspension.S.189Scope of power of suspension.S.190Effect of suspension and remission on dismissal.

Ch. 15

RULES

S.191Power to make rules.S.192Power to make regulations.S.193Publication of rules and regulations in Gazette.S.193ARules and regulations to be laid before Parliament.S.194[Repealed.].S.195[Omitted.].S.196[Omitted.].