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The Army Act, 1950

[Act No. 7 of 2014]

[17th July, 2014.]

Sections: Parteiculars:
Title The Army Act, 1950
Chapter I Preliminary
1. Short title and commencement
2. Persons subject to this Act
3. Definitions
Chapter II Special Provisions for The Application of Act in Certain Cases
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
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 enrolment
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. 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
Chapter VI Offences
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. III-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 accusation
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
Chapter VII Punishments
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
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 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 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.]
Chapter XI Procedure of Courts-Matrial
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
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 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
Chapter XIII Execution of Sentences
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
Chapter XIV Pardons, Remissions and Suspensions
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
Chapter XV Rules
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.]
195-196. [Omitted.]
The Schedule [Repealed.]

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