Army Act, 1950

The Army Act, 1950

सेना अधिनियम, 1950

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	1950-46
Act Number:	46
Enactment Date:	1950-05-20
Act Year:	1950
Short Title:	The Army Act, 1950
Hindi Title:	सेना अधिनियम, 1950
Long Title:	An Act to consolidate and amend the law relating to the Government of the regular Army.
Ministry:	Ministry of Defence
Department:	Department of Military Affairs
Enforcement Date:	22-07-1950
Notification:	22nd July, 1950, vide notification No. S.R.O. 120, dated the 22nd July, 1950, see Gazette of India, Part II, s. 4.
Last Updated:	28-01-2019


Schedule 1. THE SCHEDULE. Order Appendix Forms

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Show all section The Army Act, 1950

CHAPTER I

PRELIMINARY

CHAPER II

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES

CHAPTER III

COMMISSION, APPOINTMENT AND ENROLMENT

CHAPTER IV

CONDITIONS OF SERVICE

CHAPTER V

SERVICE PRIVILEGES

CHAPTER VI

OFFENCES

CHAPTER VII

PUNISHMENTS

CHAPTER VIII

PENAL DEDUCTIONS

CHAPTER IX

ARREST AND PROCEEDINGS BEFORE TRIAL

CHAPTER X

COURTS-MARTIAL

CHAPTER XI

PROCEDURE OF COURTS-MARTIAL

CHAPTER XII

CONFIRMATION AND REVISION

CHAPTER XIII

EXECUTION OF SENTENCES

CHAPTER XIV

PARDONS, REMISSIONS AND SUSPENSIONS

CHAPTER XV

RULES


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


Schedule 1. THE SCHEDULE. Order Appendix Forms

Schedule 1. THE SCHEDULE.