Title : Power to Confirm Finding and Sentence of Summary General Court-martial
State : Central
Year : 1950
The findings and sentences of summary general courts-martial may be confirmed by the convening officer or if he so directs, by an authority superior to him. View Complete Act List Judgments citing this sectionTitle : Revision of Finding or Sentence
State : Central
Year : 1950
(1) Any finding or sentence of a court-martial which requires confirmation may be once revised by order of the confirming authority and on such revision, the court, if so directed by the confirming authority, may take additional evidence. (2) The court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent. (3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general court-martial, it still consists of five officers, or, if a summary general or district court-martial, of three officers. View Complete Act List Judgments citing this sectionTitle : Transmission of Proceedings of Summary Courts-martial
State : Central
Year : 1950
The proceedings of even' summary court-martial shall without delay be forwarded to the officer commanding the division or brigade within which the trial was held, or to the prescribed officer; and such officer, or1[the Chief of the Army Staff], or any officer empowered in this behalf by1[the Chief of the Army Staff], may, for reasons based on the merits of the case, but not any merely technical grounds, set aside the proceedings or reduce the sentence to any other sentence which the court might have passed. _____________________ 1 . Substituted b y Act 19 of 1955 , sec. 2 and Sch., for "the Commander-in-Chief'". View Complete Act List Judgments citing this sectionTitle : Form of Sentence of Death
State : Central
Year : 1950
In awarding a sentence of death a court-martial shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to dead. View Complete Act List Judgments citing this sectionTitle : Temporary Custody of Offender
State : Central
Year : 1950
Where a sentence of transportation or imprisonment is directed to be undergone in a civil prison the offender may be kept in a military prison or in military custody or in any other fit place, till such time as it is possible to send him to a civil prison. View Complete Act List Judgments citing this sectionTitle : Conveyance of Prisoner from Place to Place
State : Central
Year : 1950
A person under sentence of transportation or imprisonment may, during this conveyance from place to place, or when on board ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal. View Complete Act List Judgments citing this sectionTitle : Computation of Period of Suspension
State : Central
Year : 1950
Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence. View Complete Act List Judgments citing this sectionTitle : Power to Modify Certain Fundamental Rights in their Application to Persons Subject of This Act
State : Central
Year : 1950
Subject to the provisions of any law for the time being in force relating to the regular Army or to any branch thereof, the Central Government may, by notification, make rules restricting to such extent and in such manner as may be necessary the right of any person subject to this Act-- (a) to be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions, or any society, institution or association or any class of institution or associations; (b) to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes; (c) to communicate with the press or to publish or cause to be published any book, letter or other document. View Complete Act List Judgments citing this sectionTitle : Order for Disposal of Property Regarding Which Offence is Committed
State : Central
Year : 1950
(1) After the conclusion of trial before anycourt-martial the court or the officer confirming the finding or sentence ofsuch court-martial, or any authority superior to such officer, or, in the caseof a court-martial whose finding or sentence does not require confirmation, theofficer commanding the army, army corps, division or brigadewithin which the trial was held, may make such order as it or he thinks fitfor the disposal by destruction, confiscation, delivery to any person claimingto be entitled to possession thereof, or otherwise, of any property ordocument produced before the court or in its custody, or regarding which anyoffence appears to have been committed or which has been used for thecommission of any offence. (2) Whereany order has been made under sub-section(1)in respect..... View Complete Act List Judgments citing this sectionTitle : Officers Exercising Powers in Certain Cases
State : Central
Year : 1950
(1) Whenever persons subject to this Act are serving under an officer commanding any military organisation, not in this section specifically named and being in the opinion of the Central Government not less than a brigade, that Government may prescribe the officer by whom the powers, which under this Act may be exercised by officers commanding armies, army corps, divisions and brigades, shall, as regards such persons, be exercised. (2) The Central Government may confer such powers, either absolutely or subject to such restrictions, reservations, exceptions and conditions, as it may think fit. View Complete Act List Judgments citing this section