Bare Act Search Results

Army Act, 1950 Chapter IX

Title: Arrest and Proceedings Before Trial

State: Central

Year: 1950

.....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 or department a record of the declaration. (2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter. Section 107 - Provost-marshals ( 1) Provost-marshals may be appointed by1[the Chief of the Army Staff] or by any prescribed officer. ( 2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the regular Army. ( 3) A provost-marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with an offence, and may also carry into effect any.....

Air Force Act, 1950 Chapter IX

Title: Arrest and Proceedings Before Trial

State: Central

Year: 1950

.....of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or nedessaries, 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 unit to which the person belongs shall enter in the court-martial book of the unit a record of declaration. (2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter. Section 108 - Provost-marshals (1) Provost-marshals may be appointed by1[the Chief of the Air Staff], or by any prescribed officer. (2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the Air Force. (3) A provost-marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the.....

Constitution of India Article 22

Title: Protection Against Arrest and Detention in Certain Cases

State: Central

Year: 1950

.....shall afford him (he earliest opportunity of making a representation against the order. (6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose. (7) Parliament may by law prescribe- (a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4); (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4). ________________________ 1. On the enforcement of section 3 of the Constitution (Forty-fourth Amendment) Act, 1978, article 22 shall stand amended as directed in section 3 of that Act. For the text of section 3 of that Act,

Army Act, 1950 Section 50

Title: Irregularity in Connection with Arrest or Confinement

State: Central

Year: 1950

Any person subject to this Act who commits any of the following offences that is to say,-- (a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or (b) having committed a person to military custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

Air Force Act, 1950 Section 50

Title: Irregularity in Connection with Arrest or Confinement

State: Central

Year: 1950

Any person subject to this Act who commits any of the following offences, that is to say,-- (a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or (b) having committed a person to air force custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

Army Act, 1950 Section 29

Title: Immunity from Arrest for Debt

State: Central

Year: 1950

(1) No person subject to this Act shall, so long as he belongs to the Forces, be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer. (2) The judge of any such court or the said officer may-examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section and may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process. (3) For the recovery of such costs no court-fee shall be payable by the complainant.

Army Act, 1950 Section 30

Title: Immunity of Persons Attending Courts-martial from Arrest

State: Central

Year: 1950

(1) No presiding officer or member of a court-martial, no judge-advocate, no party to any proceeding before a court-martial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a court-martial shall, while proceeding to, attending, or returning from, a court-martial, be liable to arrest under civil or revenue process. (2) If any such person is arrested under any such process, he may be discharged by order of the court-martial.

Air Force Act, 1950 Section 29

Title: Immunity from Arrest for Debt

State: Central

Year: 1950

(1) No person subject to this Act shall, so long as he belongs to the Forces; be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer. (2) The judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section, and may, by warrant under his hand, discharge the person, and award reasonable costs to the complaint who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process. (3) For the recovery of such costs no court-fee shall be payable by the complainant.

Air Force Act, 1950 Section 30

Title: Immunity of Persons Attending Courts-martial from Arrest

State: Central

Year: 1950

(1) No presiding officer or member of a court-martial, no judge advocate, no party to any proceeding before a court-martial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a court-martial shall, while proceeding to, attending, or returning from, a court-martial, be liable to arrest under civil or revenue process. (2) If any such person is arrested under any such process, he may be discharged by order of the court-martial.

Air Force Act, 1950 Complete Act

State: Central

Year: 1950

.....or confinement of a person according to the usages of the service and includes military or naval custody: (vi) "air force law" means the law enacted by this Act and the rules made there under and includes the usages of the service; (vii) "air force reward" includes any gratuity or annuity for long service or good conduct, badge pay or pension, and any other air force pecuniary reward; (viii) "airman" means any person subject to this Act other than an officer; (ix) "air officer" means any officer of the Air Force above the rank of group captain; (x) "air signal" means any signal intended for the guidance of aircraft, whether given by flag, ground signal, light, wind indicator or in any manner whatsoever: (xi) "Chief Legal Adviser" means a person appointed as such by5[the Chief of the Air Staff] to give advice on matters relating to air force law and to perform such other duties of a legal character as may arise in connection therewith; (xii) "civil offence" means an offence which is triable by a criminal court; (xiii) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894-, or under any other law for the time.....