Title : Arrest by Civil Authorities
State : Central
Year : 1950
Wherever 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. View Complete Act List Judgments citing this sectionTitle : Capture of Deserters
State : Central
Year : 1950
(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..... View Complete Act List Judgments citing this sectionTitle : Inquiry into Absence Without Leave
State : Central
Year : 1950
(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..... View Complete Act List Judgments citing this sectionTitle : Contents of Warrants Issued Under Sections 109 and 110
State : Central
Year : 1950
A warrant issued under section 109 or section 110 may contain such restrictions, reservations or conditions as the officer issuing it may think fit. View Complete Act List Judgments citing this sectionTitle : Powers of District Courts-martial
State : Central
Year : 1950
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. View Complete Act List Judgments citing this sectionTitle : General Rule as to Evidence
State : Central
Year : 1950
The Indian Evidence Act. 1872 (1 of 1872), shall, subject to the provisions of this Act, apply to all proceedings before a court-martial. View Complete Act List Judgments citing this sectionTitle : Examination of a Witness on Commission
State : Central
Year : 1950
(1) The prosecutor 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 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..... View Complete Act List Judgments citing this sectionTitle : Delivery of Lunatic Accused to Relatives
State : Central
Year : 1950
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. View Complete Act List Judgments citing this sectionTitle : Power of Confirming Authority to Mitigate, Remit or Commute Sentences
State : Central
Year : 1950
( 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 transportation awarded by the court.1 ________________ 1. See. IPC Sec. 53 A. View Complete Act List Judgments citing this sectionTitle : Informality or Error in the Order or Warrant
State : Central
Year : 1950
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. View Complete Act List Judgments citing this section