Title : 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 : Prohibition of Second Trial
State : Central
Year : 1950
When any person subject to this Act has been acquitted or convicted of an offence by a court-martial or by a criminal court, or has been dealt with under any of the sections 80, 83, 84 and 85, he shall not be liable to be tried again for the same offence by a court-martial or dealt with under the said sections. View Complete Act List Judgments citing this sectionTitle : Omitted
State : Central
Year : 1950
1[* * *] ___________________ 1 . Section 127 omitted by Act 37 of 1992 , sec. 11 (vv .e.f 6 - 9 - 1992 ). View Complete Act List Judgments citing this sectionTitle : Documents Exempted from Production
State : Central
Year : 1950
(1) Nothing in section 135 shall be deemed to affect the operation of sections 123 and 124 of the Indian Evidence Act, 1872, (1 of 1872), or (o apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. (2) If any document in such custody is, in the opinion of any district magistrate, chief presidency magistrate, High Court or Court of Session, wanted for the purpose of any court-martial, such magistrate or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate or court may direct. (3) If any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he..... View Complete Act List Judgments citing this sectionTitle : Period of Custody Undergone by the Officer or Person to Be Set off Against the Imprisonment
State : Central
Year : 1950
1[ 169 A. Period of custody undergone by the officer or person to be set off against the imprisonment When a person or officer subject to this Act is sentenced by a court-martial to a term of imprisonment, not being an imprisonment in default of payment of fine, the period spent by him in civil or military custody during investigation, inquiry or trial of the same case, and before the date of order of such sentence, shall be set off against the term of imprisonment imposed upon him, and the liability of such person or officer to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of the term of imprisonment imposed upon him.] _____________________ 1 . Inserted b y Act 37 of 1992 , sec. 17 (w .e.f 6 - 9 1992 ). View Complete Act List Judgments citing this sectionTitle : 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 : Power to Make Rules
State : Central
Year : 1950
(1) The Central Government may make rules1for the purpose of carrying into effect the provisions of this Act. (2) Without prejudice to the generality of the power conferred by sub-section (I), the rules made thereunder may provide for-- (a) the removal, retirement, release or discharge from the service of persons subject to this Act; (b) the amout and incidence of fines to be imposed under section 89; 2[***] (d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts; (e) the convening and constituting of courts-martial and the appointment of porosecutors at trials by courts-martial; (f) the adjournment, dissolution and sitting of courts-martial; (g) the procedure to be..... View Complete Act List Judgments citing this sectionTitle : Rules and Regulations to Be Laid Before Parliament
State : Central
Year : 1950
1[ 193 A. Rules and regulations to be laid before Parliament Every rule and every regulation made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be..... 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 : Desertion and Aiding Desertion
State : Central
Year : 1950
(1) Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by court-martial, if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and if he commits the offence under any other' circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who, knowingly harbours any such deserter shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (3) Any person subject to this Act, who, being cognizant of any..... View Complete Act List Judgments citing this section