Title : Civil Offences
State : Central
Year : 1950
Subject to the provisions of section 70, any person subject to this Act who at any place in or beyond India, commits any civil offence, shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section, shall be liable to be tried by a court-martial and, on conviction, be punishable as follows, that is to say,-- (a) if the offence is one which would be punishable under any law in force in India with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and (b) in any other case, he shall be liable to suffer any punishment, other than whipping, assigned for the offence by the law in force in India, or..... View Complete Act List Judgments citing this sectionTitle : Limit of Punishments Under Section 80
State : Central
Year : 1950
1 [***] (2) In thecase of an award of two or more of the punishments specified in clauses (a),(b), (c) and (d) of the said section, the punishment specified in clause (c) orclause (d) shall take effect only at the end of the punishmentspecified in clause (a) or clause (b). (3) When twoor more of the punishments specified in the said clauses (a), (b) and (c) areawarded to a person conjointly, or when already undergoing one or more of thesaid punishments, the whole extent of the punishments shall notexceed in the aggregate forty-two days. (4) Thepunishments specified in clauses 2 [(a), (b) and (c)] of section80 shallnot be awarded to any person who is of the rank of non-commissioned officer orwas, at the time of committing the offence for which he is punished, of suchrank. (5)..... View Complete Act List Judgments citing this sectionTitle : Powers of Summary Courts-martial
State : Central
Year : 1950
(1) Subject to the provisions of subsection (2), a summary court-martial may try any offence punishable under this Act. (2) When there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a district court-martial or on active service a summary general court-martial for the trial of the alleged offender, an officer holding a summary court-martial shall not try without such reference any offence punishable under any of the sections 34, 37 and 69, or any offence against the officer holding the court. (3) A summary court-martial may try any person subject to this Act and under the command of the officer holding the court, except an officer, junior commissioned officer or warrant officer. (4) A summary..... View Complete Act List Judgments citing this sectionTitle : Conviction of Offence Not Charged
State : Central
Year : 1950
(1) A person charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave. (2) A person charged before a court-martial with attempting to desert may be found guilty of being absent without leave. (3) A person charged before a court-martial with using criminal force may be found guilty of assault. (4) A person charged before a court-martial with using threatening language may be found guilt)' of using insubordinate language. (5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b), (c) and (d) of section 52 may be found guilty of any other of these offences with which he might have been charged. (6) A person charged before a court-martial with an offence punishable under..... View Complete Act List Judgments citing this sectionTitle : Powers of Court-martial in Relation to Proceedings Under This Act
State : Central
Year : 1950
Any trial by a court-martial under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code ( 45 of 1860) and the court-martial shall be deemed to be a court within the meaning of1[sections 345 and 346 of the Code of Criminal Procedure, I 973 ( 2 of 1974)]. ______________________ 1 . Substituted b y Act 37 of 1992 , sec. 16 , for "section 480 and 482 of the Code of Criminal Procedure, 1898 ( 5 of 1898 )" (vv .e.f . 6 - 9 - 1992 ). View Complete Act List Judgments citing this sectionTitle : Fresh Sentence After Suspension
State : Central
Year : 1950
Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then-- (a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently; (b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or military custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and (c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 186 or section 187, continue to be suspended. ..... View Complete Act List Judgments citing this sectionTitle : Commanding Officer of Persons Subject to Military Law Under Clause (I) of Section 2
State : Central
Year : 1950
( 1) Every person subject to this Act under 1[clause (i) of sub-section ( 1) of section 2] shall, for the purposes of this Act, be deemed to be under the commanding officer of the corps, department or detachment, if any, to which he is attached, and, if he is not so attached, under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person for the time being is serving, or any other prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the force. ( 2) An officer commanding a force shall not place a person subject to this Act under1[clause (i) of sub-section ( 1) of section 2] under the command of an officer of rank inferior to that of..... View Complete Act List Judgments citing this sectionTitle : Deductions from Pay and Allowances of Persons Other Than Officers
State : Central
Year : 1950
Subject to theprovisions of section 94 the following penal deductions may be made fromthe pay and allowances of a person subject to this Act other thanan officer, that is to say,-- (a)all pay and allowances for every day of absence either on desertion or withoutleave, or as a prisoner of war, and for every day of transportation orimprisonment awarded by a criminal court, a court-martial or an officerexercising authority under section 80, 1 [***]; (b)all pay and allowances for every day while he is in custody on a charge for anoffence of which he is afterwards convicted by a criminal court or acourt-martial, or on a charge of absence without leave for which he isafterwards awarded imprisonment 2 [***] by an officer exercisingauthority under section 80; (c)all pay and allowances for..... View Complete Act List Judgments citing this sectionState : Central
Year : 1950
ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950 ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950 40 of 1950 28th April,1950 An Act to provide for the disposal of the private property of persons subject to the Army Act 1950 or the Air Force Act. 1950, who die or desert or are ascertained to be of unsound mind or while on active service are officially reported to be missing. Be it enacted by Parliament as follows :- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT. (1) This Act may be called The Army and Air Force (Disposal of Private Property) Act, 1950. (2) It extends1to the whole of India, and applies to citizens of India and persons subject to the Army Act.1950, or the Air Force Act. 1950, wherever they may be, (3) It shall come into force..... List Judgments citing this sectionTitle : Army Act, 1950
State : Central
Year : 1950
THE ARMY ACT, 1950 [Act, No. 46 of 1950] [20th May, 1950] PREAMBLE An Act to consolidate and amend the law relating to the government of the regular Army. Be it enacted by Parliament as follows:-- View Complete Act List Judgments citing this section