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Start Free TrialArmy Act, 1950 Section 65
Title: Attempt
State: Central
Year: 1950
Any person subject to this Act who attempts to commit any of the offences specified in sections 34 to 64 inclusive and in such attempt does any act towards the commission of the offence, shall, on conviction by court-martial, where no express provision is made by this Act for the punishment of such attempt, be liable, if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.
View Complete Act List Judgments citing this sectionArmy Act, 1950 Section 83
Title: Punishment of Officers, Junior Commissioned Officers and Warrant Officers by Brigade Commanders and Others
State: Central
Year: 1950
An officer having power not less than a brigade, or an equivalent commander or such other officer as is, with the consent of the Central Government specified by1[the Chief of the Army Staff] may, in the prescribed manner, proceed against an officer below the rank of a field officer, a junior commissioned officer or a warrant officer, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say,-- (a) severe reprimand or reprimand; (b) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. ______________________ 1 . Substituted b y Act 19 of 1955 , sec. 2 and Sch., for "the Commander-in-Chief.
View Complete Act List Judgments citing this sectionArmy Act, 1950 Section 90
Title: Deductions from Pay and Allowances of Officers
State: Central
Year: 1950
.....on a charge for an offence for which he is afterwards convicted by a criminal court or a court-martial or by an officer exercising authority under section 83 or section 84; (c) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay; (d) any sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by the court-martial by whom he is convicted of such offence, or by an officer exercising authority under section 83 or section 84; (e) all pay and allowances ordered by a court-martial1[***] to be forfeited or stopped; (f) any sum required to pay a fine awarded by a criminal court or a court-martial exercising jurisdiction under section 69; (g) any sum required to make good any loss, damage, or destruction of public or regimental property which, after due investigation, appears to the Central Government to have been occasioned by the wrongful act or negligence on the part of the officer; (h) all pay and allowances forfeited by order of the Central Government if the officer is found by a court of.....
View Complete Act List Judgments citing this sectionArmy Act, 1950 Section 89
Title: Collective Fines
State: Central
Year: 1950
(1) Whenever any weapon or part of a weapon forming part of the equipment of a half squadron, battery, company or other similar unit is lost or stolen, the officer commanding the army, army corps, division or independent brigade to which such unit belongs may, after obtaining the report of a court of inquiry, impose a collective fine upon the junior commissioned officers, warrant officers, non-commissioned officers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss or theft. (2) Such fine shall be assessed as a percentage on the pay of the individuals on whom it falls.
View Complete Act List Judgments citing this sectionArmy Act, 1950 Section 88
Title: Superior Military Authority
State: Central
Year: 1950
For the purpose of sections86 and 87, a"superior military authority" means-- (a)in (he case of punishments awarded by a commandingofficer, any officer superior in command to such commanding officer; (b)in the case of punishments awarded by any other authority, the CentralGovernment, 1 [the Chief of the Army Staff] or otherofficer specified by 1 [the Chief of the Army Staff]. _____________________ 1.Substituted by Act 19 of 1955,sec. 2 and Sch., for "theCommander-in-Chief".
View Complete Act List Judgments citing this sectionArmy Act, 1950 Section 87
Title: Review of Proceedings
State: Central
Year: 1950
If any punishment awarded under any of the sections 83, 84 and 85 appears to a superior military authority as defined in section 88 to be illegal, unjust or excessive, such authority may cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case.
View Complete Act List Judgments citing this sectionArmy Act, 1950 Section 86
Title: Transmission of Proceedings
State: Central
Year: 1950
In every case in which punishment has been awarded under any of the sections 83, 84 and 85, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment, to a superior military authority as defined in section 88.
View Complete Act List Judgments citing this sectionArmy Act, 1950 Section 85
Title: Punishment of Junior Commissioned Officers
State: Central
Year: 1950
A commanding officer or such other officer as is . with the consent of the Central Government, specified by1[the Chief of the Army Staff], may . in the prescribed manner, proceed against a junior commissioned officer who is charged with an offence under this Act.2[and award one or more of the following punishments, that is to say,-- (i) severe reprimand or reprimand: (ii) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good: Provided that the punishment specified in clause (i) shall not be awarded if the commanding officer or such other officer is below the rank of Colonel.] _____________________ 1 . Substituted b y Act 19 of 1955 , sec. 2 and Sch., for "the Commander-in-Chief". 2 . Substituted b y Act 37 of 1992 , sec. 6. f or certain words (w .e.f . 6 - 9 - 1992 ).
View Complete Act List Judgments citing this sectionArmy Act, 1950 Section 84
Title: Punishment of Officers, Junior Commissioned Officers and Warrant Officers by Area Commanders and Others
State: Central
Year: 1950
An officer having power not less than an area commander or an equivalent commander or an officer empowered to convene a general court-martial or such other officer as is, with the consent of the Central Government, specified by1[the Chief of the Army Staff] may, in the prescribed manner, proceed against an officer below the rank of lieutenant-colonel, a junior commissioned officer or a warrant officer, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say,-- (a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by a court-martial; (b) severe reprimand or reprimand; (c) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. ______________________ 1 . Substituted b y Act 19 of 1955 , sec. 2 and Sch., for "the Commander-in-Chief.
View Complete Act List Judgments citing this sectionArmy Act, 1950 Section 82
Title: Punishments in Addition to Those Specified in Section 80
State: Central
Year: 1950
1 [The Chief of the Army Staff]may, with the consent of the Central Government, specify such otherpunishments as may be awarded under section 80 in addition to or without anyof the punishments specified in the said section, and the extent to which such otherpunishments may be awarded. ______________________ 1.Substituted by Act 19 of 1955,sec. 2 and Sch., for "theCommander-in-Chief.
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