Act Text
Preamble1 - Air Force Act, 1950
Section1 - SHORT TITLE AND COMMENCEMENT
Section2 - PERSONS SUBJECT TO THIS ACT The following persons shall be subject to this Act wherever they may be, namely
Section3 - TERMINATION OF APPLICATION OF THE ACT - Every person subject to this Act under clauses
Section4 - DEFINITIONS - In this Act, unless the context otherwise requires,
Chapter02 - : SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES
Section5 - APPLICATION OF ACT TO CERTAIN FORCES UNDER THE CENTRAL GOVERNMENT
Section6 - SPECIAL PROVISION AS TO RANK IN CERTAIN CASES
Section7 - COMMANDING OFFICER OF PERSONS SUBJECT TO AIR FORCE LAW UNDER CLAUSE
Chapter1 - OFFICER EXERCISING POWERS IN CERTAIN CASES
Section9 - POWER TO DECLARE PERSONS TO BE ON ACTIVE SERVICE Notwithstanding anything contained in clause
Chapter03 - : COMMISSION, APPOINTMENT AND ENROLMENT
Section10 - COMMISSION AND APPOINTMENT The President may giant, to such person as he thinks fit a commission as an officer or
Section11 - INELIGIBILITY OF ALIENS FOR ENROLMENT No person who is not a citizen of India shall, except with the consent of the
Section12 - INELIGIBILITY OF FEMALES FOR ENROLMENT OR EMPLOYMENT No female shall be eligible for enrolment or employment in the Air
Section13 - PROCEDURE BEFORE ENROLLING OFFICER Upon the appearance before the prescribed enrolling officer of any person desirous
Section15 - VALIDITY OF ENROLMENT Every person who has for the space of three months been in receipt of pay as a person enrolled
Section14 - MODE OF ENROLMENT - If, after complying with the provisions of section 13-, the enrolling officer is satisfied that the
Section16 - PERSONS TO BE ATTESTED -The following persons shall be attested, namely
Chapter2 - MODE OF ATTESTATION
Section18 - TENURE OF SERVICE UNDER THE ACT - Every person subject to this Act shall hold office during the pleasure of the
Section19 - TERMINATION OF SERVICE BY CENTRAL GOVERNMENT - Subject to the provisions of this Act and the rules and regulations made
Section20 - DISMISSAL, REMOVAL OR REDUCTION BY CHIEF OF THE AIR STAFF AND OTHER OFFICERS
Section21 - POWER TO MODIFY CERTAIN FUNDAMENTAL RIGHTS IN THEIR APPLICATION TO PERSONS SUBJECT TO THIS ACT - Subject to the
Section22 - RETIREMENT, RELESE OR DISCHARGE - Any person subject to this Act may be retired, released or discharged from the
Section24 - DISCHARGE OR DISMISSAL WHEN OUT OF INDIA
Section23 - CERTIFICATE ON TERMINATION OF SERVICE - Every warrant officer, or enrolled person who is dismissed, removed,
Chapter05 - : SERVICE PRIVILEGES
Section25 - AUTHORISED DEDUCTIONS ONLY TO BE MADE FROM PAY - The pay of every person subject to this Act due to him as such under
Chapter3 - REMEDY OF AGGRIEVED AIRMEN
Section27 - REMEDY OF AGGRIEVED OFFICERS - Any officer who deems himself wronged by his Commanding officer or any superior officer
Section28 - IMMUNITY FROM ATTACHMENT - The arms, clothes, equipment, accoutrements or necessaries of any person subject to this Act
Chapter4 - IMMUNITY FROM ARREST FOR DEBT
Section30 - IMMUNITY OF PERSONS ATTENDING COURTS MARTIAL FROM ARREST
Section31 - PRIVILEGES OF RESERVISTS - Every person belonging to12[any Air Force Reserve or the Auxiliary Air Force] shall, when
Section32 - PRIORITY IN RESPECT OF AIR FORCE PERSONNEL'S LITIGATION
Section33 - SAVING OF RIGHTS AND PRIVILEGES UNDER OTHER LAWS - The rights and privileges specified in the preceding sections of
Chapter06 - : OFFENCES
Section34 - OFFENCES IN RELATION TO THE ENEMY AND PUNISHABLE WITH DEATH - Any person subject to this Act who commits any of the
Section35 - OFFENCES IN RELATION TO THE ENEMY AND NOT PUNISHABLE WITH DEATH - Any person subject to this Act who commits any of the
Section36 - OFFENCES PUNISHABLE MORE SEVERELY ON ACTIVE SERVICE THAN AT OTHER TIMES Any person subject to this Act who commits any
Section37 - MUTINY Any person subject to this Act who commits any of the following offences, that is to say,
Chapter5 - DESERTION AND AIDING DESERTION
Section40 - STRIKING OR THREATENING SUPERIOR OFFICER - Any person subject to this Act who commits any of the following offences,
Section39 - ABSENCE WITHOUT LEAVE - Any person subject to this Act who commits any of the following offences, that is to say,
Chapter6 - DISOBEDIENCE TO SUPERIOR OFFICER
Section42 - INSUBORDINATION AND OBSTRUCTION - Any person subject to this Act who commits any of the following offences, that is to
Section43 - FRAUDULENT ENROLMENT - Any person subject to this Act who commits any of the following offences, that is to say,
Section44 - FALSE ANSWERS ON ENROLMENT - Any person having become subject to this Act who is discovered to have made at the time of
Section45 - UNBECOMING CONDUCT - Any officer or warrant officer who behaves in a manner unbecoming his position and the character
Section47 - III-TREATING A SUBORDINATE - Any officer, warrant officer or non-commissioned officer, who uses criminal force to or
Section46 - CERTAIN FORMS OF DISGRACEFUL CONDUCT - Any person subject to this Act who commits any of the following offences, that
Chapter7 - INTOXICATION
Section49 - PERMITTING ESCAPE OF PERSON IN CUSTODY - Any person subject to this Act who commits any of the following offences, that
Section50 - IRREGULARITY IN CONNECTION WITH ARREST OR CONFINEMENT - Any person subject to this Act who commits any of the following
Section51 - ESCAPE FROM CUSTODY - Any person subject to this Act who, being in lawful custody, escapes or attempts to escape shall,
Section52 - OFFENCES IN RESPECT OF PROPERTY - Any person subject to this Act who commits any of the following offences, that is to
Section54 - MAKING AWAY WITH EQUIPMENT - Any person subject to this Act who commits any of the following offences, that is to say,
Section53 - EXTORTION AND CORRUPTION - Any person subject to this Act who commits any of the following offences, that is to say,
Section55 - INJURY TO PROPERTY - Any person subject to this Act who commits any of the following offences, that is to say,
Section56 - FALSE ACCUSATION - Any person subject to this Act who commits any of the following offences, that is to say,
Section57 - FALSIFYING OFFICIAL DOCUMENTS AND FALSE DECLARATION - Any person subject to this Act who commits any of the following
Section58 - SIGNING IN BLANK AND FAILURE TO REPORT - Any person subject to this Act who commits any of the following offences, that
Section59 - OFFENCES RELATING TO COURTS MARTIAL - Any person subject to this Act who commits any of the following offences, that is
Section60 - FALSE EVIDENCE - Any person subject to this Act who, having been duly sworn or affirmed before any court-martial or
Section61 - UNLAWFUL DETENTION OF PAY - Any officer, warrant officer or non-commissioned officer who, having received the pay of a
Section63 - OTHER OFFENCES RELATING TO AIRCRAFT AND FLYING - Any person subject to this Act who commits any of the following
Section62 - OFFENCES IN RELATION TO AIRCRAFT AND FLYING - Any person subject to this Act who commits any of the following offences,
Section64 - DISOBEDIENCE OF LAWFUL COMMAND OF CAPTAIN OF AIRCRAFT - Any person subject to this Act who, whatever his rank, commits
Section65 - VIOLATION OF GOOD ORDER AND AIR FORCE DISCIPLINE - Any person subject to this Act who is guilty of any act or emission
Section66 - MISCELLANEOUS OFFENCES ,-Any person subject to this Act who commits any of the following offences, that is to say,
Section67 - ATTEMPT - Any person subject to this Act who attempts to commit any of the offences specified in sections 34
Section68 - ABETMENT OF OFFENCES THAT HAVE BEEN COMMITTED Any person subject to this Act who abets the commission of any of the
Section69 - ABETMENT OF OFFENCES PUNISHABLE WITH DEATH AND NOT COMMITTED - Any person subject to this Act who abets the commission
Section70 - ABETMENT OF OFFENCES PUNISHABLE WITH IMPRISONMENT AND NOT COMMITTED Any person subject to this Act who abets the
Section71 - CIVIL OFFENCES - Subject to the provisions of section 72-, any person subject to this Act who at any place in or beyond
Section72 - CIVIL OFFENCE NOT TRIABLE BY COURT MARTIAL - A person subject to this Act who commits an offence of murder against a
Section73 - PUNISHMENTS AWARDABLE BY COURTS MARTIAL - Punishments may be inflicted in 'respect of offences committed by persons
Section74 - ALTERNATIVE PUNISHMENTS AWARDABLE BY COURT MARTIAL - Subject to the provisions of this Act, a court-martial may, on
Section75 - COMBINATION OF PUNISHMENTS - A sentence of a court-martial may award in addition to, or without any one other
Section76 - CASHIERING OF OFFICERS - An officer shall be sentenced to be cashiered before he is awarded any of the punishments
Chapter8 - FIELD PUNISHMENT
Section78 - POSITION OF FIELD PUNISHMENT IN SCALE OF PUNISHMENTS - Field punishment shall for the purpose of commutation be deemed
Section79 - RESULT OF CERTAIN PUNISHMENTS IN THE CASE OF A WARRANT OFFICER OR NON COMMISSIONED OFFICER - A warrant officer or a
Section80 - RETENTION IN THE RANKS OF A PERSON CONVICTED ON ACTIVE SERVICE - When, on active service, any enrolled person has been
Section81 - PUNISHMENTS OTHERWISE THAN BY COURT MARTIAL - Punishments may-also be inflicted in respect of offences committed by
Section82 - PUNISHMENT OF PERSONS OTHER THAN OFFICERS AND WARRANT OFFICERS - Subject to the provisions of section 84-, a commanding
Chapter9 - REQUIREMENT OF SANCTION IN CERTAIN CASES
Section84 - LIMIT OF PUNISHMENTS UNDER SECTION 82
Section85 - PUNISHMENTS IN ADDITION TO THOSE SPECIFIED IN SECTION 82 -15[The Chief of the Air Staff] may, with the consent of the
Section86 - PUNISHMENT OF OFFICERS AND WARRANT OFFICERS - An officer having power to convene a general court-martial or such other
Section87 - TRANSMISSION OF PROCEEDINGS - In every case in which punishment has been awarded under section 86-, certified true
Section88 - REVIEW OF PROCEEDINGS - If any punishment awarded under Sec. 86-appears to a superior air force authority as defined in
Section89 - SUPERIOR AIR FORCE AUTHORITY - For the purposes of sections 87-and 88, a "superior air force authority" means
Chapter10 - COLLECTIVE FINES
Section91 - DEDUCTIONS FROM PAY AND ALLOWANCES OF OFFICERS The following penal deductions may be made from the pay and allowances
Section92 - DEDUCTIONS FROM PAY AND ALLOWANCES OF AIRMEN - Subject to the provisions of section 95-, the following penal deductions
Section93 - COMPUTATION OF TIME OF ABSENCE OR CUSTODY - For the purposes of clauses
Section94 - PAY AND ALLOWANCES DURING TRIAL - In the case of any person subject to this Act who is in custody or under suspension
Section95 - LIMIT OF CERTAIN DEDUCTIONS - The total deductions from the pay and allowances of a person made under clauses
Section96 - DEDUCTION FROM PUBLIC MONEY DUE TO A PERSON - Any sum authorised by this Act to be deducted from the pay and allowances
Section97 - PAY AND ALLOWANCES OF PRISONER OF WAR DURING INQUIRY INTO HIS CONDUCT - Where the conduct of any person subject to this
Section98 - REMISSION OF DEDUCTIONS - Any deduction from pay and allowances, authorised by this Act may be remitted in such manner,
Section99 - PROVISION FOR DEPENDANTS OF PRISONER OF WAR FROM REMITTED DEDUCTIONS - In the case of all persons subject to this Act,
Section100 - PROVISION FOR DEPENDANTS OF PRISONER OF WAR FROM HIS PAY AND ALLOWANCES - It shall be lawful for proper provision to be
Section101 - PERIOD DURING WHICH A PERSON IS DEEMED TO BE A PRISONER OF WAR - For the purposes of sections 99-and100-, a person
Chapter09 - : ARREST AND PROCEEDINGS BEFORE TRIAL
Chapter11 - CUSTODY OF OFFENDERS
Section103 - DUTY OF COMMANDING OFFICER IN REGARD TO DETENTION
Section104 - INTERVAL BETWEEN COMMITTAL AND COURT MARTIAL - In every case where any such person as is mentioned in section 102-and
Section105 - ARREST BY CIVIL AUTHORITIES - Wherever any person subject to this Act, who is accused of any offence under this Act, is
Chapter12 - CAPTURE OF DESERTERS
Chapter13 - INQUIRY INTO ABSENCE WITHOUT LEAVE
Chapter14 - PROVOST MARSHALS
Section109 - DIFFERENT KINDS OF COURTS MARTIAL - For purposes of this Act there shall be three kinds of courts-martial, that is to
Section110 - POWER TO CONVENE A GENERAL COURT MARTIAL - A general court-martial may be convened by the Central Government or 22[the
Section111 - POWER TO CONVENE A DISTRICT COURT MARTIAL - A district court-martial may be convened by an officer having power to
Section112 - CONTENTS OF WARRANTS ISSUED UNDER SECTIONS 110 AND 111 - A warrant issued under section 110-orsection 111-may contain
Section113 - POWER TO CONVENE A SUMMARY GENERAL COURT MARTIAL - The following authorities shall have the power to convene a summary
Section114 - COMPOSITION OF GENERAL COURT MARTIAL - A general court-martial shall consist of not less than five officers, each of
Section115 - COMPOSITION OF DISTRICT COURT MARTIAL - A district court-martial shall consist of not less than three officers, each of
Section116 - COMPOSITION OF SUMMARY GENERAL COURT MARTIAL -A summary general court-martial shall consist of not less than three
Chapter15 - DISSOLUTION OF COURT MARTIAL
Section118 - POWERS OF GENERAL AND SUMMARY GENERAL COURTS MARTIAL - A general or summary general court-martial shall have power to
Section119 - POWERS OF DISTRICT COURT MARTIAL -A district court-martial shall have power to try any person subject to this Act other
Section120 - PROHIBITION OF SECOND TRIAL - When any person subject to this Act has been acquitted or convicted of an offence by a
Chapter16 - PERIOD OF LIMITATION FOR TRIAL
Section122 - LIABILITY OF OFFENDER WHO CEASES TO BE SUBJECT TO ACT
Section123 - PLACE OF TRIAL - Any person subject to this Act who commits any offence against it may be tried and punished for such
Section124 - CHOICE BETWEEN CRIMINAL COURT AND COURT MARTIAL - When a criminal court and a court-martial have each jurisdiction in
Section125 - POWER OF CRIMINAL COURT TO REQUIRE DELIVERY OF OFFENDER
Section126 - SUCCESSIVE TRIALS BY A CRIMINAL COURT AND A COURT MARTIAL
Section127 - PRESIDING OFFICER - At every general, district or summary general court- martial the senior member shall be the
Section128 - JUDGE ADVOCATE - Every general court-martial shall, and every district or summary general court-martial may, be
Chapter17 - CHALLENGES
Section130 - OATHS OF MEMBER, JUDGE ADVOCATE AND WITNESS
Chapter18 - VOTING BY MEMBERS
Section132 - GENERAL RULE AS TO EVIDENCE -The Indian Evidence Act, 1872-, shall subject to the provisions of this Act, apply to all
Section133 - JUDICIAL NOTICE - A court-martial may take judicial notice of any matter within the general air force knowledge of the
Chapter19 - SUMMONING WITNESSES
Chapter20 - DOCUMENTS EXEMPTED FROM PRODUCTION
Chapter21 - COMMISSIONS FOR EXAMINATION OF WITNESSES
Chapter22 - EXAMINATION OF A WITNESS ON COMMISSION
Chapter23 - CONVICTION OF OFFENCE NOT CHARGED
Section139 - PRESUMPTION AS TO SIGNATURES - In any proceeding under this Act, any application, certificate, warrant, reply or other
Chapter24 - ENROLMENT PAPER
Chapter25 - PRESUMPTION AS TO CERTAIN DOCUMENTS
Chapter26 - REFERENCE BY ACCUSED TO GOVERNMENT OFFICER
Section143 - EVIDENCE OF PREVIOUS CONVICTIONS AND GENERAL CHARACTER
Chapter27 - LUNACY OF ACCUSED
Section145 - SUBSEQUENT FITNESS OF LUNATIC ACCUSED FOR TRIAL - When any accused person having been found by reason of unsoundness of
Section146 - TRANSMISSION TO CENTRAL GOVERNMENT OF ORDERS UNDER SECTION 145 - A copy of every order made by an officer under section
Section147 - RELEASE OF LUNATIC ACCUSED - Where any person is in custody under sub-section
Section148 - DELIVERY OF LUNATIC ACCUSED TO RELATIVES - Where any relative or friend of any person who is in custody under
Section149 - ORDER FOR CUSTODY AND DISPOSAL OF PROPERTY PENDING TRIAL - When any property regarding which any offence appears to
Section150 - ORDER FOR DISPOSAL OF PROPERTY REGARDING WHICH OFFENCE IS COMMITTED
Section151 - POWERS OF COURT MARTIAL WHEN CERTAIN OFFENCES ARE COMMITTED BY PERSONS NOT SUBJECT TO THIS ACT - Any trial by a
Section152 - FINDING AND SENTENCE NOT VALID, UNLESS CONFIRMED - No finding or sentence of a general, district or summary general
Section153 - POWER TO CONFIRM FINDING AND SENTENCE OF GENERAL COURT MARTIAL - The findings and sentences of general courts-martial
Section154 - POWER TO CONFIRM FINDING AND SENTENCE OF DISTRICT COURT MARTIAL - The findings and sentences of district court-martial
Section155 - LIMITATION OF POWERS OF CONFIRMING AUTHORITY - A warrant issued under section 153-orsection 154-may contain such
Section156 - POWER TO CONFIRM FINDING AND SENTENCE OF SUMMARY GENERAL COURT MARTIAL The findings and sentences of summary general
Section157 - POWER OF CONFIRMING AUTHORITY TO MITIGATE, REMIT OR COMMUTE SENTENCES
Section158 - CONFIRMING OF FINDINGS AND SENTENCES ON BOARD A SHIP - When any person subject to this Act is tried and sentenced by a
Chapter28 - REVISION OF FINDING OR SENTENCE
Section160 - ALTERATION OF FINDING OR SENTENCE IN CERTAIN CASES
Section161 - REMEDY AGAINST ORDER, FINDING OR SENTENCE OF COURT MARTIAL
Section162 - ANNULMENT OF PROCEEDINGS - The Central Government, 29[the Chief of the Air Staff) or any prescribed officer may annul
Section163 - FORM OF SENTENCE OF DEATH - In awarding a sentence of death, a court- martial shall, in its discretion, direct that the
Section164 - COMMENCEMENT OF SENTENCE OF TRANSPORTATION OR IMPRISONMENT - When- ever any person is sentenced by a court-martial
Section165 - EXECUTION OF SENTENCE OF TRANSPORTATION - Whenever any sentence of transportation is passed under this Act or whenever
Chapter29 - EXECUTION OF SENTENCE OF IMPRISONMENT
Section167 - TEMPORARY CUSTODY OF OFFENDER - Where a sentence of transportation or- imprisonment is directed to be undergone in a
Section168 - EXECUTION OF SENTENCE OF IMPRISONMENT IN SPECIAL CASES - Whenever, in the opinion of an air or other officer commanding
Section169 - CONVEYANCE OF PRISONER FROM PLACE TO PLACE - A person under sentence of transportation or imprisonment may, during his
Section170 - EXECUTION OF SENTENCE OF DETENTION - Whenever any sentence of detention is passed under this Act, or whenever any
Section171 - COMMUNICATION OF CERTAIN ORDERS TO PRISON OFFICERS - Whenever an order is duly made under this Act setting aside or
Section172 - EXECUTION OF SENTENCE OF FINE - When a sentence of fine is imposed by a court-martial under section 71-whether the
Section173 - ESTABLISHMENT AND REGULATION OF AIR FORCE PRISONS - The Central Government may set apart any building or part of a
Section174 - INFORMALITY OR ERROR IN THE ORDER OR WARRANTS - Whenever a person is sentenced to transportation, imprisonment or
Section175 - POWER TO MAKE RULES IN RESPECT OF PRISONS AND PRISONERS - The Central Government may make rules providing
Section176 - RESTRICTION OF RULE MAKING POWER IN RESPECT TO CORPORAL PUNISHMENT - Rules made under section 175-shall not authorise
Section177 - PARDON AND REMISSION - When any person subject to this Act has been convicted by a court-martial of any offence, the
Section178 - CANCELLATION OF CONDITIONAL PARDON, RELEASE ON PAROLE OR REMISSION
Section179 - REDUCTION OF WARRANT OFFICER OR NON COMMISSIONED OFFICER - When under the provisions of section 79-awarrant officer or
Section180 - SUSPENSION OF SENTENCE OF TRANSPORTATION, IMPRISONMENT OR DETENTION
Section181 - ORDERS PENDING SUSPENSION - A confirming officer may, when confirming any sentence referred to in section 180-, direct
Section182 - RELEASE ON SUSPENSION - Where a sentence is suspended under section 180-, the offender shall forthwith be released from
Section183 - COMPUTATION OF PERIOD OF SUSPENSION - Any period during which the sentence is under suspension shall be reckoned as
Section184 - ORDER AFTER SUSPENSION - The authority or officer specified in section 180-, at any time while a sentence is suspended,
Chapter30 - RECONSIDERATION OF CASE AFTER SUSPENSION
Section186 - FRESH SENTENCE AFTER SUSPENSION Where an offender, while a sentence on him is suspended under this Act, is sentenced
Section187 - SCOPE OF POWER OF SUSPENSION - The powers conferred by sections 180-and 184 shall be in addition to and not in
Section188 - EFFECT OF SUSPENSION AND REMISSION ON DISMISSAL
Chapter31 - POWER TO MAKE RULES
Section190 - POWER TO MAKE REGULATIONS - The Central Government may make regulations for all or any of the purposes of this Act
Section191 - PUBLICATION OF RULES AND REGULATIONS IN GAZETTE - All rules and regulations made under this Act shall be published in
Section191A - LAYING OF RULES AND REGULATIONS BEFORE PARLIAMENT - Every rule and every regulation made under this Act shall be laid,
Section192 - REPEAL - [Repealed by the Repealing and Amending Act,
Section193 - DEFINITION OF "BRITISH OFFICER "
Section194 - POWERS OF BRITISH OFFICER - A British officer shall have all the powers conferred by this Act on an officer of
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