Title : Execution of Sentence of Fine
State : Central
Year : 1950
When a sentence of fine is imposed by a court-martial under section 69 whether the trial was held within India or not, a copy of such sentence, signed and certified by the confirming officer, or where no confirmation is required, by the officer holding the trial may be sent to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the1[Code of Criminal Procedure, 1973 ( 2 of 1974)] or any corresponding law in force in2[ the State of Jammu and Kashmir] for the levy of fines as if it were a sentence of fine imposed by such magistrate. _____________________ 1 . Substituted by Act 37 of 1992 , sec. 14 , for "Code of Criminal Procedure" 1898 ( 5 of 1898 ) (w .e.f . 6 - 9 - 1992 .) 2 . Substituted b y the..... View Complete Act List Judgments citing this sectionTitle : Offences in Relation to the Enemy and Punishable with Death
State : Central
Year : 1950
Any person subject to this Act who commits any of the following offences, that is to say,-- (a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit any of the said acts; or (b) intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy; or (c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or (d) treacherously holds correspondence with, or communicates intelligence..... View Complete Act List Judgments citing this sectionTitle : Disobedience to Superior Officer
State : Central
Year : 1950
(1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by court-martial, if he commits such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he commits such offence..... View Complete Act List Judgments citing this sectionTitle : Insubordination and Obstruction
State : Central
Year : 1950
Any person subject to this Act who commits any of the following offences, that is to say,-- (a) being concerned in any quarrel, affray, or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or (b) Uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or (c) resists an escort whose duty it is to apprehend him or to have him in charge; or (d) breaks out of barracks, camp or quarters; or (e) neglects to obey any general, local or other order; or (f) impedes the provost-marshal or any person lawfully acting on his behalf, or when called upon, refuses to assist in..... View Complete Act List Judgments citing this sectionTitle : Permitting Escape of Person in Custody
State : Central
Year : 1950
Any person subject to this Act who commits any of the following offences, that is to say,-- (a) when in command of a guard, picquet, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed; or (b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard, shall, on conviction by court-martial, be liable, if he has acted wilfully to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment..... View Complete Act List Judgments citing this sectionTitle : Offences in Relation to Aircraft and Flying
State : Central
Year : 1950
Any person subject to this Act who commits any of the following offences, that is to say,-- (a) wilfully or without reasonable excuse damages, destroys or loses any aircraft or aircraft material belonging to the Government; or (b) is guilty of any act or neglect likely to cause such damage, destruction or loss; or (c) without lawful authority disposes of any aircraft or aircraft material belonging to the Government; or (d) is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person; or (e) during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration, by or under the authority of a neutral..... View Complete Act List Judgments citing this sectionTitle : Punishment of Persons Other Than Officers, Junior Commissioned Officers and Warrant Officers
State : Central
Year : 1950
Subject to the provisions of section81, a commanding officer or such otherofficer as is, with the consent of the Central Government, specified by 1 [the Chiefof the Army Staff], may, in the prescribed manner, proceed against a person subject tothis Act otherwise than as an officer, junior commissionedofficer or warrant officer who is charged with an offence under this Act andaward such person, to the extent prescribed, one or more of the followingpunishments, that is to say,-- (a)imprisonment in military custody up to twenty-eight days; (b)detention up to twenty-eight days; (c)confinement to the lines upto twenty-eight days; (d)extra guards or duties; (e)deprivation of a position of the nature of an appointment or of corps orworking pay, and in the case of non-commissioned..... View Complete Act List Judgments citing this sectionTitle : Provision for Dependants of Prisoner of War from Remitted Deductions
State : Central
Year : 1950
In the case of all persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under clause (h) of section 90 or clause (a) of section 91, but in respect of whom a remission has been made under section 97, it shall be lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for any dependants of such persons, and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances. View Complete Act List Judgments citing this sectionTitle : Duty of Commanding Officer in Regard to Detention
State : Central
Year : 1950
(1) It shall be the duly of every commanding officer to lake care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service. (2) The case of every person being detained in custody beyond a period of forty-eight hours, and the reason thereof, shall be reported by the Commanding Officer to the General or other officer to whom application would be made to convene a general or district court-martial for the trial of the person charged. (3) In reckoning the period of forty-eight hours specified in sub-section (1),..... View Complete Act List Judgments citing this sectionTitle : Evidence of Previous Convictions and General Character
State : Central
Year : 1950
(1) When any person subject to this Act has been convicted by a court-martial of any offence, such court-martial may inquire into, and receive and record evidence of any previous convictions of such person, either by a court-martial or by a criminal court, or any previous award of punishment under any of the sections 80, 83, 84 and 85, and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, court-martial books or other official records; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a..... View Complete Act List Judgments citing this section