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Report No. 169

2.4. Government of India Act, 1833, and the "Articles of War".-

By section 73 of the Government of India Act, 1833 (3 and 4 Will. IV, C. 85) the power to legislate for the whole Indian Army was restricted to the Governor-General of Council and laws so made were given general application to all Indian Officers and soldiers wherever serving. Under the powers conferred upon it by the Act of 1833 the Indian Legislature, for the first time, provided a common code for the Indian officers and soldiers in 1845, "Articles of War" being enacted for them by the Governor General in Council as Act XX of that year.

This Act was shortly after repealed and replaced by Act XIX of 1847 which, having been frequently amended (Acts of Governor General in Council VI of 1850, XXXVI of 1850, III of 1854, X of 1856, VIII of 1857, )XII of 1857, and VI of 1860 in the intervening period) was in turn repealed by Act XXXIX of 1861. This was repealed by Act V of 1869 ("The Indian Articles of War") which replaced it. The preamble to this Act indicates that for the first time recognition was granted to the existence of what are commonly known as "followers" and Act V was equally made applicable to them.



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