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 : Dissolution of Courts-martial
State : Central
Year : 1950
(1) If a court-martial after the commencement of a trial reduced below the minimum number of officers required by this Act, it shall be dissolved. (2) If on account of the illness of the judge-advocate or of the accused before the finding, it is impossible to continue the trial, a court-martial shall be dissolved. (3) The officer who convened a court-martial may dissolve such court-martial if it appears to him that military exigencies or the necessities of discipline render it impossible or inexpedient to continue the said court-martial. (4) Where a court-martial is dissolved under this section, the accused may be tried again. 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 : Summoning Witnesses
State : Central
Year : 1950
( 1) The convening officer, the presiding officer of a court-martial,1[or courts of inquiry], the judge-advocate or the commanding officer of the accused person may, by summons under his hand, require (he attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or oilier thing. ( 2) In the case of witness amenable to military authority, the summons shall be sent to his commanding officer, and such officer shall serve it upon him accordingly. ( 3) In the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be or reside, and such magistrate shall give effect lo the summons as if the witness were required in the court of such magistrate. ( 4) When a witness is..... View Complete Act List Judgments citing this sectionTitle : Release of Lunatic Accused
State : Central
Year : 1950
Where any person is in custody under subsection (4) of section 145 or under detention under sub-section (5) of that section-- (a) if such person is in custody under the said sub-section (4), on the report of a medical officer, or (b) if such person is detained under the said sub-section (5), on a certificate from any of the authorities mentioned in clause (b) of section 146 that, in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the Central Government may order that such person be released or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum. 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