Title : Attempt
State : Central
Year : 1950
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. View Complete Act List Judgments citing this sectionTitle : Abetment of Offences That Have Been Committed
State : Central
Year : 1950
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. View Complete Act List Judgments citing this sectionTitle : Alternative Punishments Awardable by Court-martial
State : Central
Year : 1950
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 slated in the said sections to be punishable, or, in lieu (hereof, 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. View Complete Act List Judgments citing this sectionTitle : Deductions from Pay and Allowances of Officers
State : Central
Year : 1950
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 ever)' 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..... View Complete Act List Judgments citing this sectionTitle : Liability of Offender Who Ceases to Be Subject to Act
State : Central
Year : 1950
(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. (2) No such persons 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..... View Complete Act List Judgments citing this sectionTitle : Commissions for Examination of Witnesses
State : Central
Year : 1950
(1) Whenever, in the course of atrial by court-martial, it appears to (he court that the examinationof a witness is necessary for the ends of justice, and that the attendance ofsuch witness cannot be procured without an amount of delay, expense orinconvenience which, in the circumstances of the case, would be unreasonable,such court may address the Judge-Advocate General in order thata commission to take the evidence of such witness may be issued. (2) TheJudge-Advocate General may then, if he thinks necessary, issue a commission toany district magistrate or magistrate of the first class, within the locallimits of whose jurisdiction such witness resides, to take the evidence of suchwitness. (3) Themagistrate or officer to whom the commission is issued, or, if he is thedistrict..... View Complete Act List Judgments citing this sectionTitle : Lunacy of Accused
State : Central
Year : 1950
(1) Whenever, in the course of a trial by 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 of 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 (he 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 sub-section (2) may, if he does not confirm the finding, take steps to..... View Complete Act List Judgments citing this sectionTitle : Special Provision as to Rank in Certain Cases
State : Central
Year : 1950
( 1) The Central Government may, by notification, direct that any person or class of persons subject to this Act under1[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 rank inferior to that of a non-commissioned officer. ____________________ 1. Substituted by Act 56 of 1974, sec. 3 and Sch. II, for "clause (i) of section 2". ..... View Complete Act List Judgments citing this sectionTitle : False Accusations
State : Central
Year : 1950
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. View Complete Act List Judgments citing this sectionTitle : Abetment of Offences Punishable with Death and Not Committed
State : Central
Year : 1950
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. View Complete Act List Judgments citing this section