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The Army Act, 1950

Central

An Act to consolidate and amend the law relating to the Government of the regular Army.

Act number
46 of 1950
Ministry
Ministry of Defence
Department
Department of Military Affairs
Enacted
20 May 1950

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

198 sections

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