The ARMY ACT, 1950

PRELIMINARY

Section 1 — Short title and commencement.

(1) This Act may be called the Army Act, 1950.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf.

Browse all 197 sections
  1. 1.Short title and commencement.
  2. 2.Persons subject to this Act.
  3. 3.Definitions.
  4. 4.Application of Act to certain forces under Central Government.
  5. 5.[Omitted.]
  6. 6.Special provision as to rank in certain cases.
  7. 7.Commanding officer of persons subject to military law under clause (i) of section 2.
  8. 8.Officers exercising powers in certain cases.
  9. 9.Power to declare persons to be on active service.
  10. 10.Commission and appointment.
  11. 11.Ineligibility of aliens for enrolment.
  12. 12.Ineligibility of females for enrolment or employment.
  13. 13.Procedure before enrolling officer.
  14. 14.Mode of enrolment.
  15. 15.Validity of enrolment.
  16. 16.Persons to be attested.
  17. 17.Mode of attestation.
  18. 18.Tenure of service under the Act.
  19. 19.Termination of service by Central Government.
  20. 20.Dismissal, removal or reduction by the Chief of the Army Staff and by other officers.
  21. 21.Power to modify certain fundamental rights in their application to persons subject to this Act.
  22. 22.Retirement, release or discharge.
  23. 23.Certificate on termination of service.
  24. 24.Discharge or dismissal when out of India.
  25. 25.Authorised deductions only to be made from pay.
  26. 26.Remedy of aggrieved persons other than officers.
  27. 27.Remedy of aggrieved officers.
  28. 28.Immunity from attachment.
  29. 29.Immunity from arrest for debt.
  30. 30.Immunity of persons attending courts-martial from arrest.
  31. 31.Privileges of reservists.
  32. 32.Priority in respect of army personnel‟s litigation.
  33. 33.Saving of rights and privileges under other laws.
  34. 34.Offences in relation to the enemy and punishable with death.
  35. 35.Offences in relation to the enemy and not punishable with death.
  36. 36.Offences punishable more severely on active service than at other times.
  37. 37.Mutiny.
  38. 38.Desertion and aiding desertion.
  39. 39.Absence without leave.
  40. 40.Striking or threatening superior officers.
  41. 41.Disobedience to superior officer.
  42. 42.Insubordination and obstruction.
  43. 43.Fraudulent enrolment.
  44. 44.False answers on enrolment.
  45. 45.Unbecoming conduct.
  46. 46.Certain forms of disgraceful conduct.
  47. 47.Ill-treating a subordinate.
  48. 48.Intoxication.
  49. 49.Permitting escape of person in custody.
  50. 50.Irregularity in connection with arrest or confinement.
  51. 51.Escape from custody.
  52. 52.Offences in respect of property.
  53. 53.Extortion and corruption.
  54. 54.Making away with equipment.
  55. 55.Injury to property.
  56. 56.False accusations.
  57. 57.Falsifying official documents and false declaration.
  58. 58.Signing in blank and failure to report.
  59. 59.Offences relating to courts-martial.
  60. 60.False evidence.
  61. 61.Unlawful detention of pay.
  62. 62.Offences in relation to aircraft and flying.
  63. 63.Violation of good order and discipline.
  64. 64.Miscellaneous offences.
  65. 65.Attempt.
  66. 66.Abetment of offences that have been committed.
  67. 67.Abetment of offences punishable with death and not committed.
  68. 68.Abetment of offences punishable with imprisonment and not committed.
  69. 69.Civil offences.
  70. 70.Civil offence not triable by court-martial.
  71. 71.Punishments awardable by courts-martial.
  72. 72.Alternative punishments awardable by court-martial.
  73. 73.Combination of punishments.
  74. 74.Cashiering of officers.
  75. 75.[Omitted.]
  76. 76.[Omitted.]
  77. 77.Result of certain punishments in the case of a warrant officer or non-commissioned officer.
  78. 78.Retention in the ranks of a person convicted on active service.
  79. 79.Punishments otherwise than by court-martial.
  80. 80.Punishment of persons other than officers, junior commissioned officers and warrant officers.
  81. 81.Limit of punishments under section 80.
  82. 82.Punishments in addition to those specified in section 80.
  83. 83.Punishment of officers, junior commissioned officers and warrant officers by brigade commanders and others.
  84. 84.Punishment of officers, junior commissioned officers and warrant officers by area commanders and others.
  85. 85.Punishment of junior commissioned officers.
  86. 86.Transmission of proceedings.
  87. 87.Review of proceedings.
  88. 88.Superior military authority.
  89. 89.Collective fines.
  90. 90.Deductions from pay and allowances of officers.
  91. 91.Deductions from pay and allowances of persons other than officers.
  92. 92.Computation of time of absence or custody.
  93. 93.Pay and allowances during trial.
  94. 94.Limit of certain deductions.
  95. 95.Deduction from public money due to a person.
  96. 96.Pay and allowances of prisoner of war during inquiry into his conduct.
  97. 97.Remission of deductions.
  98. 98.Provision for dependants of prisoner of war from remitted deductions.
  99. 99.Provision for dependants of prisoner war from his pay and allowances.
  100. 100.Period during which a person is deemed to be a prisoner of war.
  101. 101.Custody of offenders.
  102. 102.Duty of commanding officer in regard to detention.
  103. 103.Interval between committal and court-martial.
  104. 104.Arrest by civil authorities.
  105. 105.Capture of deserters.
  106. 106.Inquiry into absence without leave.
  107. 107.Provost-marshals.
  108. 108.Kinds of courts-martial.
  109. 109.Power to convene a general court-martial.
  110. 110.Power to convene a district court-martial.
  111. 111.Contents of warrants issued under sections 109 and 110.
  112. 112.Power to convene a summary general court-martial.
  113. 113.Composition of general court-martial.
  114. 114.Composition of district court-martial.
  115. 115.Composition of summary general court-martial.
  116. 116.Summary court-martial.
  117. 117.Dissolution of courts-martial.
  118. 118.Powers of general and summary general courts-martial.
  119. 119.Powers of district courts-martial.
  120. 120.Powers of summary courts-martial.
  121. 121.Prohibition of second trial.
  122. 122.Period of limitation for trial.
  123. 123.Liability of offender who ceases to be subject to Act.
  124. 124.Place of trial.
  125. 125.Choice between criminal court and court-martial.
  126. 126.Power of criminal court to require delivery of offender.
  127. 127.[Omitted.]
  128. 128.Presiding officer.
  129. 129.Judge advocate.
  130. 130.Challenges.
  131. 131.Oaths of member, judge advocate and witness.
  132. 132.Voting by members.
  133. 133.General rule as to evidence.
  134. 134.Judicial notice.
  135. 135.Summoning witnesses.
  136. 136.Documents exempted from production.
  137. 137.Commissions for examination of witnesses.
  138. 138.Examination of a witness on commission.
  139. 139.Conviction of offence not charged.
  140. 140.Presumption as to signatures.
  141. 141.Enrolment paper.
  142. 142.Presumption as to certain documents.
  143. 143.Reference by accused to Government officer.
  144. 144.Evidence of previous convictions and general character.
  145. 145.Lunacy of accused.
  146. 146.Subsequent fitness of lunatic accused for trial.
  147. 147.Transmission to Central Government of orders under section 146.
  148. 148.Release of lunatic accused.
  149. 149.Delivery of lunatic accused to relatives.
  150. 150.Order for custody and disposal of property pending trial.
  151. 151.Order for disposal of property regarding which offence is committed.
  152. 152.Powers of court-martial in relation to proceedings under this Act.
  153. 153.Finding and sentence not valid, unless confirmed.
  154. 154.Power to confirm finding and sentence of general court-martial.
  155. 155.Power to confirm finding and sentence of district court-martial.
  156. 156.Limitation of powers of confirming authority.
  157. 157.Power to confirm finding and sentence of summary general court-martial.
  158. 158.Power of confirming authority to mitigate, remit or commute sentences.
  159. 159.Confirming of findings and sentences on board a ship.
  160. 160.Revision of finding or sentence.
  161. 161.Finding and sentence of a summary court-martial.
  162. 162.Transmission of proceedings of summary court-martial.
  163. 163.Alteration of finding or sentence in certain cases.
  164. 164.Remedy against order, finding or sentence of court-martial.
  165. 165.Annulment of proceedings.
  166. 166.Form of sentence of death.
  167. 167.Commencement of sentence of transportation or imprisonment.
  168. 168.Execution of sentence of transportation.
  169. 169.Execution of sentence of imprisonment.
  170. 169A.Period of custody undergone by the officer or person to be set off against the imprisonment.
  171. 170.Temporary custody of offender.
  172. 171.Execution of sentence of imprisonment in special cases.
  173. 172.Conveyance of prisoner from place to place.
  174. 173.Communication of certain orders to prison officers.
  175. 174.Execution of sentence of fine.
  176. 175.Establishment and regulation of military prisons.
  177. 176.Informality or error in the order or warrant.
  178. 177.Power to make rules in respect of prisons and prisoners.
  179. 178.Restriction of rulemaking power in regard to corporal punishment.
  180. 179.Pardon and remission.
  181. 180.Cancellation of conditional pardon, release on parole or remission.
  182. 181.Reduction of warrant officer or non-commissioned officer.
  183. 182.Suspension of sentence of transportation or imprisonment.
  184. 183.Orders pending suspension.
  185. 184.Release on suspension.
  186. 185.Computation of period of suspension.
  187. 186.Order after suspension.
  188. 187.Reconsideration of case after suspension.
  189. 188.Fresh sentences after suspension.
  190. 189.Scope of power of suspension.
  191. 190.Effect of suspension and remission on dismissal.
  192. 191.Power to make rules.
  193. 192.Power to make regulations.
  194. 193.Publication of rules and regulations in Gazette.
  195. 193A.Rules and regulations to be laid before Parliament.
  196. 194.[Repealed.]
  197. SCH-THE SCHEDULE.—[Repealed.].THE SCHEDULE.—[Repealed.]