Act Text
Preamble1 - Army Act, 1950
Section1 - Short title and commencement
Section2 - Persons subject to this Act
Section3 - Definitions: In this Act, unless the context otherwise requires,
Chapter2 - : SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES:
Section4 - Application of Act to certain forces under Central Government
Section5 - Application of Act to Forces of Part B States
Section6 - Special provision as to rank in certain cases
Section8 - Officers exercising powers in certain cases
Section9 - Power to declare person to be on active service: Notwithstanding anything contained in Cl
Chapter3 - : COMMISSION, APPOINTMENT AND ENROLMENT:
Section10 - Commission and appointment: The President may grant, to such person as he thinks fit, a commission as an officer, or as
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
Section13 - Procedure before enrolling officer: Upon the appearance before the prescribed enrolling officer of any person desirous
Section14 - Mode of enrolment: If, after complying with the provisions of
Section15 - Validity of enrolment: Every person who has for the space of three months been in receipt of pay as a person enrolled
Section16 - Persons to be attested: The following persons shall be attested, namely
Section17 - Mode of attestation
Chapter4 - : CONDITIONS OF SERVICE:
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 the Chief of the Army Staff and by other officers
Section21 - Power to modify certain fundamental rights in their application to person subject to this Act: Subject to the
Section22 - Retirement, release or discharge: Any person subject to this Act may be retired, released or discharged from the
Section23 - Certificate on termination of service: Every junior commissioned officer, warrant officer, or enrolled person who is
Section24 - Discharge or dismissal when out of India
Chapter5 - : 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
Section26 - Remedy of aggrieved persons other then officers
Section27 - Remedy of aggrieved officers: Any officer who deems himself wronged by his commanding officer or any superior officer
Section28 - Immunity from attachment: Neither the arms, clothes, equipment accoutrements or necessaries of any person subject to
Section29 - Immunity from wrest for debt
Section30 - Immunity of persons attending courts0martial from arrest
Section31 - Privileges of reservists: Every person belonging to the Indian Reserve Forces shall, when called out for or engaged in
Section32 - Priority in respect of army personnel's litigation
Section33 - Saving of rights and privileges under other laws: The rights and privileges specified in the preceding sections of this
Chapter6 - : 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,
Section38 - Desertion and aiding desertion
Section39 - Absence without leave: Any person subject to this Act who commits any of the following offences, that is to say,
Section40 - Striking or threatening superior officers: Any person subject to this Act who commits any of the following offences,
Section41 - 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 sujbect 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, junior commissioned officer or warrant officer who behaves in a manner unbecoming his
Section46 - Certain forms of disgraceful conduct: Any person subject to this Act who commits any of the following offences, that is
Section47 - Ill-treating a subordinate: Any officer, junior commissioned officer, warrant officer or non-commissioned officer who
Section48 - 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 connexion 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
Section53 - Extortion and corruption: Any person subject to this Act who commits any of the following offences, that is to say,
Section54 - Making away with equipment: 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 accusations: 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,
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, junior commissioned officer, warrant officer or non-commissioned officer who,
Section62 - Offences in relation to aircraft and flying: Any person subject to this Act who commits any of the following offences,
Section63 - Violation of good order and discipline: Any person subject to this Act who is guilty of any act or omission which,
Section64 - Miscellaneous offences: Any person subject to this Act who commits any of the following offences, that is to say,
Section65 - Attempt: Any person subject to this Act who attempts to commit any of the offences specified in
Section66 - Abetment of offences that have been committed: Any person subject to this Act Who abets the commission of any of the
Section67 - Abetment of offences punishable with death and not committed: Any person subject to this Act who abets the commission
Section68 - Abetment of offences punishable with imprisonment and not committed: Any person subject to this Act who abets the
Section69 - Civil Offences: Subject to the provisions of
Section70 - Civil offences not triable by court-martial: A person subject to this Act who commits an offence of murder against a
Section71 - Punishments awardable by courts-martial: Punishments may be inflicted in respect of offences committed by persons
Section72 - Alternative punishments awardable by court-martial: Subject to the provisions of this Act, a court-martial may, on
Section73 - Combination of punishments: A sentence of a court-martial may award in addition to, or without any one other
Section74 - Cashiering of officers: An officer shall be sentenced to be cashiered before he is awarded any of the punishments
Section77 - Result of certain punishments in the case of a warrant officer or non-commissioned officer: A warrant officer or a
Section78 - Retention in the ranks of a person convicted on active service: When, on active service, any enrolled person has been
Section79 - Punishments otherwise than by court-martial: Punishments may also be inflicted in respect of offences committed by
Section80 - Punishment of person other than officers, Junior commissioned officers and warrant officers: Subject to the provisions
Section81 - Limit of punishments under
Section82 - Punishments in addition to those specified in
Section83 - Punishment of officers, junior commissioned officers and warrant officers by brigade commanders and others: An officer
Section84 - Punishment of officers, junior commissioned officers and warrant officers by area commanders and others: An officer
Section85 - Punishment of junior commissioned officers: A commanding officer or such other officer as is,-with the consent of the
Section86 - Transmission of proceedings: In every case in which punishment has been awarded under any of the
Section87 - Review of proceedings: If any punishment awarded under any of the
Section88 - Superior military authority: For the purposes of
Section89 - Collective fines
Chapter8 - : PENAL DEDUCTIONS:
Section90 - Deductions from pay and allowances of officers: The following penal deductions may be made from the pay and allowances
Section91 - Deductions from pay and allowances of persons other than officers: Subject to the provisions of
Section92 - Computation of time of absence or custody: For the purposes of clauses
Section93 - Pay and allowances during trial: In the case of any person subject to this Act who is in custody or under suspension
Section94 - Limit of certain deductions: The total deductions from the pay and allowances of a person made under clauses
Section95 - Deduction from public money due to a person: Any sum authorised by this Act to be deducted from the pay and allowances
Section96 - Pay and allowances of prisoner of war during inquiry into his conduct: Where the conduct of any person subject to this
Section97 - Remission of deductions: Any deduction from pay and allowances authorised by this Act may be remitted in such manner
Section98 - Provision for dependants of prisoner of war from remitted deductions: In the case of all persons subject to this Act,
Section99 - Provision for dependants of prisoner of war from his pay and allowances: It shall be lawful for proper provision to be
Section100 - Period during which a person is seemed to be a prisoner of war: For the purposes of
Chapter9 - : ARREST AND PROCEEDINGS BEFORE TRIAL:
Section101 - Custody of offenders
Section102 - Duty of commanding officer in regard to detention
Section103 - Interval between committal and court-martial: In every case where any such person as is mentioned in
Section104 - Arrest by civil authorities: Whenever any person subject to this Act, who is accused of any offence under this Act, is
Section105 - Capture of deserters
Section106 - Inquiry into absence without leave
Section107 - Provost-marshals
Chapter10 - : COURTS-MARTIAL:
Section108 - Kinds of courts-martial: For the purposes of this Act there shall be four kinds of courts-martial, that is to say,
Section109 - Power to convene a general court-martial: A general court-martial may be convened by the Central Government or [the
Section110 - Power convene a district court-martial: A district court-martial may be convened by an officer having power to convene
Section111 - Contents of warrants Issued under sections 109 and 110: A warrant issued under
Section112 - Power to convene a summary general court-martial: The following authorities shall have power to convene a summary
Section113 - Composition of general court-martial: A general court-martial shall consist of not less than five officers, each of
Section114 - Composition of district court-martial: A district court-martial shall consist of not less than three officers, each of
Section115 - Composition of summary general court-martial: A summary general court- martial shall consist of not less than three
Section116 - Summary court-martial
Section117 - Dissolution of courts-martial
Section118 - Powers of general and summary general courts-martial: A general or summary general court-martial shall have power to
Section119 - Power to district courts-martial: A district court-martial shall have power to try any person subject to this Act other
Section120 - Powers of summary courts-martial
Section121 - Prohibition of second trial: When any person subject to this Act has been acquitted or convicted of anoffence by a
Section122 - Period of limitation for trial
Section123 - Liability of offender who ceases to be subject to Act
Section124 - Place of trial: Any person subject to this Act who commits any offence against it may be tried and punished for such
Section125 - Choice between criminal court and court-martial: When a criminal court and a court-martial have each jurisdiction in
Section126 - Power to criminal court to require delivery of offender
Section127 - [***]: CHAPTER 11: PROCEDURE OF COURTS-MARTIAL
Section128 - Presiding officer: At every general, district or summary general court-martial the senior member shall be the presiding
Section129 - Judge advocate: Every general court-martial shall, and eyery district or summary general court-martial may, be attended
Section130 - Challenges
Section131 - Oaths of member, Judge advocate and witness
Section132 - Voting by members
Section133 - General rule as to evidence: The Indian Evidence Act, 1872, shall, subject to the provisions of this Act, apply to all
Section134 - Judicial notice: A court-martial may take Judicial notice of any matter within the general military knowledge of the
Section135 - Summoning witnesses
Section136 - Documents exempted from production
Section137 - Commissions for examination of witnesses
Section138 - Examination of a witness on commission
Section139 - Conviction of offence not charged
Section140 - Presumption as to signatures: In any proceeding under this Act, any application, certificate, warrant, reply or other
Section141 - Enrolment paper
Section142 - Presumption as to certain documents
Section143 - Reference by accused to Government officer
Section144 - Evidence of previous convictions and general character
Section145 - Lunacy of accused
Section146 - Subsequent fitness of lunatic accused for trial: Where any accused person, having been found by reason of unsoundness
Section147 - Transmission to Central Government of orders under
Section148 - Release of lunatic accused: Where any person is in custody under sub-section
Section149 - Delivery of lunatic accused to relatives: Where any relative or friend of any person who is in custody under sub-section
Section150 - Order for custody and disposal of property pending trial: When any property regarding which any offence appears to have
Section151 - Order for disposal of property regarding which offence is committed
Section152 - Powers of court-martial in relation to proceedings under this Act: Any trial by a court-martial under the provisions of
Chapter12 - : CONFIRMATION AND REVISION:
Section153 - Finding and sentence not valid, unless confirmed: No finding or sentence of a general, district or summary general
Section154 - Power to confirm finding and sentence of general court-martial: The findings and sentences of general court-martial may
Section155 - Power to confirm finding and sentence of district court-martial: The findings and sentences of district courts-martial
Section156 - Limitation of powers of confirming authority: A warrant issued under
Section157 - Power to confirm finding and sentence of summary general court-martial: The findings and sentences of summary general
Section158 - Power of confirming authority to mitigate, remit or commute sentences
Section159 - Confirming of findings and sentences on board a ship: When any person subject to this Act is tried and sentenced by a
Section160 - Revision of finding or sentence
Section161 - Finding and sentence of a summary court-martial
Section162 - Transmission of proceedings of summary courts-martial: The proceedings of every summary court-martial shall without
Section163 - Alteration of finding or sentence in certain cases
Section164 - Remedy, against order, finding or sentence of court-martial
Section165 - Annulment of proceedings: The Central Government, [the Chief of the Army Staff) or any prescribed officer may annul the
Chapter13 - : EXECUTION OF SENTENCES:
Section166 - Form of sentence of death: In awarding a sentence of death a court-martial shall, in its discretion, direct that the
Section167 - Commencement of sentence of transportation or imprisonment: Whenever any person is sentenced by a court-martial under
Section168 - Execution of sentence of transportation: Whenever any sentence of transportation is passed under this Act or whenever
Section169 - Execution of sentence of imprisonment
Section169A - Period of custody undergone by the officer or person to be set off against the imprisonment: When a person or officer
Section170 - Temporary custody of offender: Where a sentence of transportation or imprisonment is directed to be undergone in acivil
Section171 - Execution of sentence of imprisonment in special cases: Whenever, in the opinion of an officer commanding an army. army
Section172 - Conveyance of prisoner from place to place: A person under sentence of transportation or imprisonment may during his
Section173 - communication of certain orders to prison officers: Whenever an order is duly made under this Act setting aside or
Section174 - Execution of sentence of fine: When a sentence of fine is imposed by a court- martial under
Section175 - Establishment and regulation of military prisons: The Central Government may set apart any building or part of a
Section176 - Informality or error in the order or warrant: Whenever any person is sentenced to transportation or imprisonment under
Section178 - Restriction of rule-making power in regard to corporal punishment: Rules made under
Chapter14 - : PARDONS, REMISSIONS AND SUSPENSIONS:
Section179 - Pardon and remission: When any person subject to this Act has been convicted by a court-martial of any offence, the
Section180 - Cancellation of conditional pardon, release on parole or remission
Section181 - Reduction of warrant officer or non-commissioned officer: When under the provisions of
Section182 - Suspension of sentence of transportation or imprisonment
Section183 - Order pending suspension
Section184 - Release on suspension: Where a sentence is suspended under
Section185 - Computation of period of suspension: Any period during which the sentence is under suspension shall be reckoned as part
Section186 - Order after suspension: The authority or officer specified in
Section187 - Reconsideration of case after suspension
Section188 - Fresh sentence after suspension: Where an offender, while a sentence on him is suspended under this Act, is sentenced
Section189 - Scope of power of suspension: The powers conferred by
Section190 - Effect of suspension and remission on dismissal
Chapter15 - : RULES:
Section191 - Power to make rules
Section193 - Publication of rules and regulations in gazette: All rules, and regulations made under this Act shall be published in
Section193A - Rules and regulations to be laid before Parliament: [ Every rule and every regulation made by the Central Government
Section194 - Repeals: [Repealed by the Repealing and Amending Act. 1957
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