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Report No. 169

Chapter IV

Relevant Statutory Provisions

4.1. In the year 1992, Parliament enacted the Army (Amendment) Act, 1992, being Act No. 37 of 1992. Several provisions of the Army Act were amended but no provisions were made as recommended by the Supreme Court in Prithi Pal Singh. However, under SRO 17E dated December 6,1993, sub-rule (1) or rule 62 of the Army Rules was amended obliging the tribunal to give brief reasons in support of its decision. The amendment reads:-

"(1) The finding on every charge upon which the accused is arraigned shall be recorded and, except as provided in these rules, shall be recorded as finding as 'Guilty' or of 'Not Guilty'. After recording the finding on each charge, the court shall give brief reasons in support thereof. The judge advocate or, if there is none, the presiding officer shall record or cause to be recorded such brief reasons in the proceedings. The above record shall be signed and dated by the presiding officer and the judge advocate, if any."

4.2. Inexplicably, similar amendment has not been effected in respect of courts martial under the Navy and Air Force Acts.



Amendment of Army, Navy and AIR Force Acts Back




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