The Army Act,1950 (Bare Act)/ Universal Law Publishing

THE ARMY ACT, 1950
CHAPTER I
PRELIMINARY
1. Short title and commencement
2. Persons subject to this Act
3. Definitions
CHAPTER II
SPEQAL PROVISIONS FOR THE APPLICATION OF ACT IN
CERTAIN CASES
4. Application of Act to certain forces under Central Govenunent
5. [Rqjealed]
6. Special Provision as to rank in certain cases
7. Commanding officer of persons subject to military law imder
clause (i) of section 2
8. Officers exercising powers in certain cases
9. Power to declare persons to be on active service
CHAPTER III
COMMISSION, APPOINTMENT AND ENROLMENT 10. Commission and appointment 11. Ineligibility of aliens for enrolment 12. Ineligibility of females for enrolment or employment 13. Procedure before enrolling officer
14. Mode of eiuolment 15. Validity of enrolment
16. Persons to be attested
17. Mode of attestation
CHAPTER IV \
CONDITIONS OF SERVICE
18. Tenure of service under the Act 19. Termination of service by Central Government 20. Dismissal, removal or reduction by the Chief of the Army Staff and by other officers 21. Power to modify certain fundamental rights in their application to persons subject to this Act 22. Retirement, release or discharge
23. Certificate on termination of service 24. Discharge or dismissal when out of India
CHAPTER V
SERVICE PRIVILEGES 25. Authorised deductions only to be made from pay 26. Remedy of aggrieved persons other than officers 27. Remedy of aggrieved officers 28. Immunity from attachment

29. Immunity from arrest for debt 30. Iinmunity of persons attending court-martial from arrest 31. Privileges of reservists 32. Priority in respect of army personnel's litigation 33. Saving of rights and privileges under other laws
CHAPTER VI
OFFENCES 34 Offences in relation to the enemy and punishable witli death . 35 Offences in relation to the enemy and not punishable with death 36. Offences punishable more severely on active service than at other times 37. Mutiny 38. Desertion and aiding desertion 39. Absence without leave 40. Striking or threatening superior officers 41. Disobedience to superior officer 42. Insubordination and obstruction 43. Fraudulent enrolment 44. False answers on enrolment 45. Unbecoming conduct 46. Certain forms of disgraceful conduct 47. Ill-treating a subordinate
48. Intoxication 49. Permitting escape of person in custody 50. Irregularity in connection with arrest or confinement 51. Escape from custody 52. Offences in respect of property 53. Extortion and corruption 54. Making away with equipment 55. Injury to property 56. False accusations 57. Falsifying official documents and false declaration 58. Signing in blank and failure to report 59. Offences relating to courts-martial
60. False evidence 61. Unlawful detention of pay 62. Offences in relation to aircraft and flying 63. Violation of good order and discipline 64. Miscellaneous offences 65. Attempt 66 Abetment of offences that have been committed 67. Abetment of offences punishable with death and 68. Abetment of offences punishable with imprisonment and c 69. Civil offences 70. Civil offences not triable by yjj PUNISHMENTS
71. P.inishmenls .ward,bfe by 72. i^Uernative punisliments awardab y 73. Combination of punisliments 74. Cashiering of officers

75. [Omitted] ,76. [Omitted] 77. Result of certain punishments in the case of a warrant officer or non<ominissioned officer 78. Retention in the ranks of a person convicted on active service. 79. Punishments otherwise than by court-martial 80. Punishment of persons other than officers, junior commissioned officers and warrant officers 81. Limit of punishments under section 80 82. Punishments in addition to those specified in section 80 83. Punishment of officers, junior commissioned officers and warrant officers by brigade commanders and others 84. Punishment of officers, junior commissioned officers and warrant officers by area commanders and others 85. Punishment of junior cotrunissioned officers 86. Transmission of proceedings 87. Review of proceedings 88. Superior military authority
89. Collective fines
CHAPTER VIII
PENAL DEDUCTIONS 90. Deductions from pay and allowances of officers 91. Deductions from pay and allowances of persons other than officers 92. Computation of time of absence or custody 93. Pay and allowances during trial
94. Limit of certain deductions 95. Deduction from public money due to a person 96. Pay and allowances of prisoner of war during inquiry into his conduct
97. Remission of deductions 98. Provision for dependants of prisoner of war from remitted deductions 99. Provision for dependants of prisoner of war from his pay and allowances 100. Period during which a person is deemed to be a prisoner of war CHAPTER IX
ARREST AND PROCEEDINGS BEFORE TRIAL
101. Custody of offenders 102. Duty of commanding officer in regard to detention 103. Interval between committal and court-martial 104. Arrest by civil authorities 105. Capture of deserters 106. Inquiry into absence without leave
107. Provost-marshals
CHAPTER X
COURTS-MARTIAL
108. Kinds of courts-martial 109. Power to convene a general court-martial 110. Power to convene a district court-martial 111. Contents of warrants issued imder sections 109 and 110 112. Power to convene a summary general court-martial 113. Composition of general court-martial 114. Composition of district court-martial 115. Composition of summary general court-martial

116. Summary court-martial
117. Dissolution of courts-martial 118. Powers of general and summary general courts-martial
119. Powers of district courts-martial 120. Powers of siunmary courts-martial
121. Prohibition of second trial 122. Period of limitation for trial 123. Liability of offender who ceases to be subject to Act
124. Place of trial Choice between criminal court and court-martial Power of criminal court to require delivery of offender [Omitted] CHAPTER XI PROCEDURE OF COURTS-MARTIAL
Presiding officer 129. Judge-advocate 130. Challenges 131. Oaths of member, judge-advocate and witness 132. Voting by members 133. General rule as to evidence 134. Judicial notice 135. Sununoning witnesses 136. "Documents exempted from production 137. Commissions for examination of witnesses Examination of a witness on commission Conviction of offence not charged Presumption as to signatures
Enrolment paper 142. Presumption as to certain documents 143. Reference by accused to Government officer 144. Evidence of previous convictions and general character 145. Lunacy of accused 146. Subsequent fitness of lunatic accused for trial 147. Transmission to Central Government of orders under secUon 148. Release of lunatic accused. 149. Delivery of lunatic accused to relatives 150 Order for custody and disposal of property pending tria Orier to, disposal ot proper^ rsgarding which oHen« » 152 Powers of court-martial in relation to proceedmgs under tins Act . CHAPTER XII CONFIRMATION AND REVISION 153 Finding and sentence not valid, unless confirmed • 154 Power to confirm finding and sentence of general court-martial 155. Power to eonfirm finding and sentence of district court-mar 156 Limitation of powers of confirming authority • _ 157. Power to confirm finding and sentence of summary gener , 158 Power of confirming authority to mitigate, remit or commu 159! Confirming of findings and sentences on board a slup • • 160 Revision of finding or sentence 161. Finding and sentence of a summary court-martial

Transmission of proceedings of summary courts-martial Alteration of finding or sentence in certain cases Remedy against order, finding or sentence of court-martial Annulment of proceedings
CHAPTER XIII
EXECUTION OF SENTENCES
Form of sentence of death Commencement of sentence of transportation or imprisonment Execution of sentence of transportationExecution of sentence of imprisonment Period of custody undergone by the officer or person to be set off against the inprisonment Temporary custody of offender Execution of sentence of imprisonment in special cases Conveyance of prisoner from place to place Communication of certain orders to prison officers
Execution of sentence of fine Establishment and regulation of military prisons Informality or error in the order or warrant Power to make rules in respect of prisons and prisoners Restriction of rule-making power in regard to corporal punishment
CHAPTER XIV
PARDONS, REMISSIONS AND SUSPENSIONS
Pardon and remission Cancellation of conditional pardon, release on parole or remission
Reduction of warrant officer or non-commissioned officer Suspension of sentence of transportation or imprisonment Orders pending suspension . Release on suspension Computation of period of suspension Order after suspension Reconsideration of case after suspension Fresh sentence after suspension Scope of power of suspension Effect of suspension and remission on dismissal
CHAPTER XV
RULES
Power to make rules Power to make regulations Publication of rules and regulations in Gazette Rules and Regulations to be laid before Parliamant [Repealed] CHAPTER XVI [Repealedl [Repealed] [Repealed]
THE SCHEDULE.— [Repealed]

THE ARMY RULES, 1954
CHAPTER I
PRELIMINARY
1. Short title
2. Definitions 3. Reports and applications 4. Forms in Appendices 5. Exercise of power vested in holder of military office 6. Cases unprovided for
CHAPTER II
ENROLMENT AND ATTESTATION
7. Enrolling officers
8. Persons to be attested
9. Oath or affirmation to be taken on attestation 10. Transfer from one corps or department to another CHAPTER III
DISMISSAL, DISCHARGE, ETC. 11. Discliarge not to be delayed 12. Discharge Certificate 13. Authorities empowered to authorise discharge - 13A. Termination of service of an officer by the Central Government on his failure to qualify at an examination or course 14. Termination of service by the Central Government on
account of misconduct 15. Termination of service by the Central Goverrunent on grounds other than misconduct ISA. Release on medical grounds
16. Release
16A. Retirement of officers
16B. Retirement of an officer at his own request 16C. Registration of Commission 17. Dismissal or removal by Chief of Uie Army Staff and by other officers 18. Date from wluch retirement, resignation, removal, release, discharge or dismissal otherwise tlian by sentence of court-martial takes effect CHAPTER IV RESTRICTIONS OF FUNDAMENTAL RIGHTS
19. Unauthorised organisation 20. Political and non-military activities 21. Communications to the press, lectures, etc. CHAPTER V INVESTIGATION OF CHARGES AND TRIAL BY COURT-MARTIAL SECTION 1—INVESTIGATION OF CHARGES AND REMAND FOR TRIAL Power of Commanding Officers 22. Hearing of Charge 23. Procedure for taking down tlie summary of evidence • ••
24. Remand of accused
25. [Omitted] • 26. Summary disposal of charges against officer, Jumor Commissioned Officer or Warrant Officer

Delay reports
Framing Charges
Charge-sheet and charge Commencement of charge-sheet Contents of charge Signature on charge-sheet Validity of charge-sheet Preparation for defence by accused person Right of accused to prepare defence Warning of accused for trial
Joint trial of several accused persons Suspei\sion of rules on the ground of military exigencies or the necessities of discipline
SECTION 2—GENERAL AND DISTRICT COURTS-MARTIAL Convening of Court Convening of General and District Court-martial Adjournment for insufficient number of officers Ineligibility and disqualification of officers for court-martial Composition of General Court-martial Procedure at Trial—Constitution of Court Inquiry by court as to legal constitution Inquiry by court as to amenability of accused and validity of charge
Procedure at Trial—Cballange and Swearing Appearance of prosecutor and accused Proceedings for challenges of members of court Swearing or affirming of members Swearing or affirming of judge-advocate and other officers
Persons to administer oaths and affirmations Prosecution, Defence and Summing-up Arraignment of accused Objection by accused to charge Amendment of charge Special plea to the jurisdiction General plea of "Guilty" or "Not Guilty"
Plea in bar Procedure after plea of "Guilty" Withdrawal of plea of "Not Guilty" subject to compliance with sub-rules (2) and (4) of rule 52 Plea of "Not Guilty", applicafion for adjoununent, and case for the prosecution
Plea of no Case
Examination of the accused and defence witnesses
Closing addresses [Omitted] Summing up by the judge-advocate Finding and Sentence Consideration of findings Form, record and announcement of finding Procedure on acquittal
Procedure on conviction
Sentence

Recommendation of mercy Armouncement of sentence and signing and transmission of proceedings Confirmation and Revision
Revision Review of court-martial proceedings
Confirmation Promulgation Mitigation of sentence on partial confirmation Confirmation notwithstanding informality in or excess of punishment Member or prosecutor not to confirm proceedings Proceedings of General and District Court-Martial Seating of members Responsibility of presiding officer Power of court over address of prosecutor and accused Procedure on trial of accused persons together Separate charge-sheets Sitting in closed court Courts-martial to be public:
Hours of sitting Continuity of trial and adjournment of court Suspension of trial Proceedings on death or illness of accused Death, retirement or absence of presiding officer Presence throughout of aU members of court Taking of opinions of members of court Procedure on incidental questions Swearing of court to try several accused persons Swearing of interpreter and shorthand writer Evidence when to be translated Record in proceedings of transactions of court-marbal Custody and inspection of proceedings Transmission of proceedings after finding counsel Defending Officer, Friend of Accused and Counsel Defending officer and friend of accused .Uow.d in general and distrlc. couris-nr.rbal Requirements for appearance of counsel Counsel for prosecution Counsel for accused General rules as to counsel Qualifications of counsel Judge-Advocate
Disqualification of judge-advocate Invalidity in the appointment of judge-advoca e Substitute on death, illness or absence of judge-a Powers and duties of judge-advocate mARTIAL SECTION 3—SUMMARY COURT-MA
Proceedings Evidence when to be translated
Assembly Swearing or affirming of court and interpreter
110. Swearing of court to try several accused persons 111. Arraignment of accused 112. Objection by accused to charge 113. Amendment of charge 114. Special pleas 115. General plea of "Guilty" or "Not Guilty" 116. Procedure after plea of "Guilty" 117. Withdrawal of plea of "Not Guilty" 118. Procedure after plea of "Not Guilty" 119. Witnesses in reply to defence
120. Verdict " 121. Form and record of finding 122. Procedure on acquittal
123. Procedure on conviction
124>- Sentence 125. Signing of proceedings 126. Charges in different charge-sheets 127. Clearing of court 128. Adjournment
129. Friend of accused 130. "Memorandum to be attached to proceedings 131. Promulgation 132. Promulgation to be deferred in certain circumstances' 133. Review of proceedings
SECTION 4—GENERAL PROVISIONS
Witnesses and Evidence 134. Calling of all prosecutor's witnesses 135. Calling of witness whose evidence is not contained in summary
136. List of witnesses of accused 137. Procuring attendance of witnesses 138. Procedure when essential witness is absent '■ 139. Witlidrawal of witnesses from court 140. Oath or affirmation to be administered to witnesses . t 141. Mode of questioning witness . » 142. Questions to witnesses by court or judge-advocate 143. Re-calling of witnesses and calling of witnesses in reply Addresses 144. Addresses Insanity 145. Finding of insanity Preservation of Proceedings 146. Preservation of proceedings 147. Right of person tried to copies of proceedings 147A. Copy of proceedings not to be given in certain cases 148. Loss of proceedings Irregular procedure when no injustice is done 149. Validity of irregular procedure in certain cases Offences of witnesses and others 150. Offences of witnesses and others SECTION 5—SUMMARY GENERAL COURTS-MARTIAL 151. Convening the court and record of proceedings

152. Charge 153. Trial of several accused persons 154. Challenges 155. Swearing or affirming the court, judge-advocate, etc. 156. Arraignment 157. Plea of jurisdiction 158. Evidence
159. Defence 160. Record of the evidence and defence 161. Finding and sentence 162. Signing and transmission of proceedings 163. Adjournment 164. Application of rules ,65. Evidence of OF SENTENCES
166. Committal warrants 167. Warrants under section 173 168. Sentence of cashiering or dismissal 169. Custody of person under sentence of deat 170. Opportunity for petition against sentence of death 170A. Death warrant 170B. Execution of sentence of death 171 Procedure or commutation of sentence of deatn 171. 1 roceaure o SECTION 7 [Omitted]
-172 to 176. [Omitted]
CHAPTER VI COURTS OF INQUIRY

Courts of Inquiry Members of court not to be sworn or affirmed SuS when character of a person snbiect to the Act is Involved Evidences when to be taken on oath or affirmation Proceedings of court of inquiry not admissible in evidence
Court of inquiry when rifles, etc., are lost or stolen • Collective fines may be imposed prescribed officers, authorities and other MATTERS 'Corps' prescribed under section 3 (vi) Conditions prescribed under section 3(xviii)(0 Prescribed officer under section 7(1) Prescribed form under section 13 Prescribed officer under section 78 Prescribed extent of 91 (i) Prescribed officer under sechons 90 (i) and 91 (ij Prescribed officer under section 93 Prescribed authorities under section 97 Prescribed authorities under sections 98 and 99 Prescribed officer under section 107(1) Prescribed officer under section 125 Prescribed officer under section 142 Prescribed manner of custody and prescribe under sections 145 and 146 Prescribed officer under section 162

201. Prescribed officer under section 164 (2) • • • ^22 202. Prescribed officer under section 165 • • • 122 203. Prescribed officer under section 169 • • • 122 204. Prescribed officer under section 179 • • • 122 Authorised Deductions 205. Authorised deductions • • • 123 APPENDIX I.—Enrolment Forms • • • 123 FORM NO. I.—Combatants • • • 123 FORM NO. II.—All Non-Combatants, including followers . . . 131 APPENDIX II.—Forms of Charges • ■ • 136 PART I.—Commencement of Charge-sheet . . . 136 PARXn.—Illustration of Charge-sheet . . • 137 PART III.—Statement of Offences . . • 138 PART IV.—Specimen Charges . . • 158 APPENDIX///.—PART I(A).—Form of application for a Court-martial . . 182 PART 1(B).—Forms for assembly of Courts-martial . . 184 PART 1(C).—Forms of proceedings of Court-martial . . 185 APPENDIX /v.—PART I . . . 227 FORM 1.— Form for use at summary trials of Officers, JCOs and WOs under sections 83 to 85 of the Army Act 227 FORM 2.— Form for use at summary trials of Officers, JCOs and WOs under sections 83 to 85 of the Army Act . . • 228 PART II.—Warrants under sections 168,169(2) and 173 of the Army Act • 229 FORM A.— Warrant of commitment for use when a prisoner is sentenced " " for life imprisonment • • 229 FORM B.— Warrant of commitment for use when a prisoner is sentenced to imprisonment which is to be undergone in a civil prison. . 230 FORM C.— Warrant of commitment for use when a prisoner is sentenced to imprisonment which is to be undergone in a military prison . 231 FORM D.— Warrant for use. when a prisoner is pardoned or his trial set aside, or when the whole sentence, or the unexpired portion tliereof, is remitted • • • 232 FORM E.— Warrant for use when a sentence of imprisonment for life is reduced by superior authority to one of a shorter period of the same • • 233 FORM F.— Warrant for use when a sentence of imprisonment is reduced by superior authority or when one of imprisonment for life is to one of imprisonment • • 233 FORM G.— Warrant for use when prisoner is to be delivered into military custody • • • 234 APPENDIX v.—Warrant under Army Rules, 169,170A and 171 . . ' . 235 FORM H.— Warrant committing to civil prison custody a person sentenced to death • • 235 FORM I.— Warrant to obtain person sentenced to death from civil prison custody in order to carry out such sentence . . 235 FORM lA.—Warrant of execution of sentence of death by Military Authorities • • • 236 FORM IB.— Warrant of execution of sentence of death in civil prison . 237 FORM J.— Warrant for use when the sentence of a person under sentence of death and committed to custody in a civil prison is commuted to a sentence of imprisonment for life 238 FORM K.— Warrant for use when the sentence of a person under sentence of death and committed to custody in a civil prison is commuted to a sentence of imprisonment to be served in the same prison . 239 FORM L.— Warrant for use when a person who, after having been sentenced to death, has been committed to custody in a civil prison is to be delivered into military custody for a purpose other than carrying out the sentence of death .