Section List

46/1950 - The Army Act, 1950 ▶

Act Number: 46

Act Name: The Army Act, 1950

Year: 1950

Enactment Date: 1950-05-20

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

Section Number	Title	Actions
1	Short title and commencement.
2	Persons subject to this Act.
3	Definitions.
4	Application of Act to certain forces under Central Government.
5	[Omitted.].
6	Special provision as to rank in certain cases.
7	Commanding officer of persons subject to military law under clause (i) of section 2.
8	Officers exercising powers in certain cases.
9	Power to declare persons to be on active service.
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 enrolment.
15	Validity of enrolment.
16	Persons to be attested.
17	Mode of attestation.
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.
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	Immunity of persons attending courts-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.
34	Offences in relation to the enemy and punishable with 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 not committed.
68	Abetment of offences punishable with imprisonment and not committed.
69	Civil offences.
70	Civil offence not triable by court-martial.
71	Punishments awardable by courts-martial.
72	Alternative punishments awardable by court-martial.
73	Combination of punishments.
74	Cashiering of officers.
75	[Omitted.].
76	[Omitted.].
77	Result of certain punishments in the case of a warrant officer or non-commissioned 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 commissioned officers.
86	Transmission of proceedings.
87	Review of proceedings.
88	Superior military authority.
89	Collective fines.
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 war from his pay and allowances.
100	Period during which a person is deemed to be a prisoner of war.
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.
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 under 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 summary 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.
125	Choice between criminal court and court-martial.
126	Power of criminal court to require delivery of offender.
127	[Omitted.].
128	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	Summoning witnesses.
136	Documents exempted from production.
137	Commissions for examination of witnesses.
138	Examination of a witness on commission.
139	Conviction of offence not charged.
140	Presumption as to signatures.
141	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 section 146.
148	Release of lunatic accused.
149	Delivery of lunatic accused to relatives.
150	Order for custody and disposal of property pending trial.
151	Order for disposal of property regarding which offence is committed.
152	Powers of court-martial in relation to proceedings under this Act.
153	Finding and sentence not valid, unless confirmed.
154	Power to confirm finding and sentence of general court-martial.
155	Power to confirm finding and sentence of district court-martial.
156	Limitation of powers of confirming authority.
157	Power to confirm finding and sentence of summary general court-martial.
158	Power of confirming authority to mitigate, remit or commute sentences.
159	Confirming of findings and sentences on board a ship.
160	Revision of finding or sentence.
161	Finding and sentence of a summary court-martial.
162	Transmission of proceedings of summary court-martial.
163	Alteration of finding or sentence in certain cases.
164	Remedy against order, finding or sentence of court-martial.
165	Annulment of proceedings.
166	Form of sentence of death.
167	Commencement of sentence of transportation or imprisonment.
168	Execution of sentence of transportation.
169	Execution of sentence of imprisonment.
169A	Period of custody undergone by the officer or person to be set off against the imprisonment.
170	Temporary custody of offender.
171	Execution of sentence of imprisonment in special cases.
172	Conveyance of prisoner from place to place.
173	Communication of certain orders to prison officers.
174	Execution of sentence of fine.
175	Establishment and regulation of military prisons.
176	Informality or error in the order or warrant.
177	Power to make rules in respect of prisons and prisoners.
178	Restriction of rulemaking power in regard to corporal punishment.
179	Pardon and remission.
180	Cancellation of conditional pardon, release on parole or remission.
181	Reduction of warrant officer or non-commissioned officer.
182	Suspension of sentence of transportation or imprisonment.
183	Orders pending suspension.
184	Release on suspension.
185	Computation of period of suspension.
186	Order after suspension.
187	Reconsideration of case after suspension.
188	Fresh sentences after suspension.
189	Scope of power of suspension.
190	Effect of suspension and remission on dismissal.
191	Power to make rules.
192	Power to make regulations.
193	Publication of rules and regulations in Gazette.
193A	Rules and regulations to be laid before Parliament.
194	[Repealed.].
195	[Omitted.].
196	[Omitted.].