II. THE LAW RELATING TO THE ARMY
1. PRELIMINARY
CONTENTS
PARA
A. Introduction
[0006] Introduction
B. Short title and commencement
[0007] Short Title and commencement
C. Definitions and Meanings
[0008] Active service
[0009] Power to declare persons to be on active service
[0010] Civil offence
[0011] Civil prison
[0012] Chief of the Army Staff
[0013] Commanding officer
[0014] Officers exercising powers in certain cases
[0015] Corps
[0016] Court martial
[0017] Criminal court
[0018] Customs of the service: Exercise of power vested in holder of military office
[0019] Department
[0020] Enemy
[0021] Field Officer
[0022] The Forces
[0023] Junior commissioned officer
[0024] Military custody
[0025] Military reward
[0026] Non-commissioned officer
[0027] Notification
[0028] Offence
[0029] Officer
[0030] Prescribed
[0031] Proper military authority
[0032] Provost marshal
[0033] Reckonable commissioned service
[0034] Regular Army
[0035] Regulations
[0036] Superior officer
[0037] Warrant officer
[0038] Words and expression not defined
D. Persons subject to the Army Act
[0039] Persons subject to the Army Act
[0040] Territorial Army
[0041] Applicability of the Army Act to certain Forces under Central Government
[0042] Force
[0043] Special provisions as to rank in certain cases
[0044] Commanding officer of persons subject to military law under the Army Act 1950 s 2 (l)(i)
A. INTRODUCTION
[0006] Introduction The Indian Army Act 1950 constitutes a special law in force conferring a special jurisdiction on the court martial prescribing a special procedure for the trial of the offences under the Act. The Army Act 1950 and the Army Rules 1954 constitute a self-contained code specifying offences and the procedure for detention, custody and trial of the offenders by the court martial. Chapter VI of the Army Act 1950 comprising of sections 34 to 69 specify and define the various offences under the Act1.
B. SHORT TITLE AND COMMENCEMENT
[0007] Short title and commencement This statute covering the Army is the Army Act 19501. It came into force on 22 July 1950 by notification in the Official Gazette2.
C. DEFINITIONS AND MEANINGS
Certain words and terms that appear in the Army Act and the Army Rules will need to be understood as they are defined in the Army Act 1950 and the Amy Rules 1954.
[0008] Active service In the Army Act 1950, unless the context otherwise requires, âactive serviceâ, as applied to a person subject to the Army Act, means the time during which such person is attached to, or forms part of, a force which is engaged in operations against an enemy1; engaged in military operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy2; or attached to or forms part of a force which is in military occupation of a foreign country3.
[0009] Power to declare persons to be on active service Notwithstanding anything contained in the provisions of the Army Act 19501, the central government can, by a notification, declare any person or class of persons subject to the Army Act 1950 shall, with reference to any area in which they may be servingor with reference to any provision of the Army Act 1950 or of any other law for the time being in force, be deemed to be on active service within the meaning of that Act. The term âthey may be servingâ would cover not only persons actually engaged in performing duties of their respective offices on the date of commission of offence alleged against them but also persons on leave at relevant point of time. âServingâ would mean holding employment as distinguished from actually performing duties of service. The period of leave will also be included as âservingâ2 In order to ascertain whether the troops are on âactive serviceâ or not, regard must be had to all the circumstances involved. Where there is any doubt as to whether or not troops are on active service for the purposes of this provision, a declaration should be made under the Army Act 19503. The central government may issue notification under the Army Act 1950 s 9 and declare that any person or class of persons subject to the Army Act, serving in any particular country, place or area shall be deemed to be on active service. The Government of India has issued number of such notifications under the Army Act 1950 s 94. Army person injured in attack by miscreant while going to join duty has to be deemed to have received injury while in active service5.
[0010] Civil offence Unless the context otherwise requires, âcivil offenceâ means an offence1 which is triable by a Criminal Court2.
[0011] Civil prison Unless the context otherwise require, âcivil prisonâ means any jail or place used for the detention of any criminal prisoner under the Prisons Act 1894, or under any other law for the time being in force1.
[0012] Chief of the Army Staff Unless the context otherwise require, âchief of the army staffâ1 means the officer commanding the regular army2.
[0013] Commanding officer Unless the context otherwise requires, the term âcommanding officerâ, when used in any provision of the Army Act 1950, with reference to any separate portion of the regular army or to any department thereof, means the officer whose duty it is under the regulations of the army, or by the custom of the service, to discharge with respect to that portion of the regular army or that department, the functions of a commanding officer in regard to matters of the description referred to in that provision1. The commanding officer of a person subject to the Army Act 1950 is either: (a) The officer who has been appointed by higher authority to be a commanding officer to exercise his power as such2; or (b) Where no appointment has been made, the officer who is, for the time being, in immediate command of: (i) The unit to which the person belongs or is attached to3; or (ii) any detachment or a distinct sizeable separate portion of a unit with which the person is for the time being serving, and in respect of which it is the duty of such officer, under the regulations for the army or by the custom of the service, to discharge the functions of a commanding officer4.
[0014] Officers exercising powers in certain cases Whenever persons subject to the Army Act 1950 are serving under an officer commanding any military organisation not specifically named under the Act and not less than a brigade, the Government may prescribe the officer by whom the powers under the Army Act as regards such persons shall be exercised1. The Central Government may confer such powers, either absolutely or subject to certain restrictions and reservations2.
[0015] Corps Unless the context otherwise requires, âcorpsâ means any separate body of persons subject to the Army Act 1950, which is prescribed as a corps for the purposes of any of the provisions of the Army Act 19501.
(1) Each of the following separate bodies of persons subject to the Army Act 1950 shall be a âcorpsâ for the purposes of Chapter III and s 43(a) of the Army Act 1950 and of the Army Rules 1954 Chapters II and III of, (except r 13) namely:
(a) Presidentâs Body Guard.
(b) The Armoured Corps, Horsed Cavalry Regiments, including Training Centres and non-combatants,
(c) The Regiment of Artillery.
(d) The Corps of Engineers including non-combatants,
(e) The Corps of Signals including non-combatants.
(f) Each regiment or each ungrouped battalion (as the case may be) of Infantry, or in the case of grouped Gorkha Regiments, each group of Infantry including non-combatants.
(g) Each parachute battalion.
(h) The Army Service Corps (including postal).
(i) The Remount, Veterinary & Farm Corps.
(j) The Army Medical Corps.
(k) The Army Dental Corps.
(1) The Army Ordnance Corps.
(m) The Corps of Electrical & Mechanical Engineers.
(n) The Technical Development Establishments.
(o) The Intelligence Corps.
(p) The Corps of Military Police.
(q) The Pioneer Corps.
(r) The Defence Security Corps.
(s) The Army Education Corps.
(r) The Army Physical Training Corps.
(u) The General Service Corps.
(v) The Frontier Defence Corps.
(w) Each Boys Battalion.
(x) Gorkha Boys Company.
(y) Any other separate body of persons subject to the Army Act 1950, employed on any service and not attached to any of the above corps or to any department.
(2) Every unit in which a court-martial book is maintained shall be a âcorpsâ for the purposes of the Army Act 1950 s 106 and the Army Rules 1954 r 1832.
(3) For the purposes of every other provision of the Army Act 1950 and of the Army Rules 1954, each of the following separate bodies shall be âcorpsâ:
(a) Every battalion.
(b) Every company which does not form part of battalion.
(c) Every regiment of cavalry, armoured corps or artillery.
(d) Every squadron or battery which does not form part of regiment of cavalry, armoured corps or artillery.
(e) Every school of instruction, training centre, or regimental centre,
(f) Every other separate unit composed wholly or partly of persons subject to the Army Act 19503.
[0016] Court martial Unless the context otherwise requires, âcourt martialâ, means a court martial held under the Army Act 19501. A court martial is a criminal court within the meaning of the Code of Criminal Procedure 19732. The trial by court martial under the Army Act, 1950 shall be deemed to be a judicial proceeding within the meaning of the Indian Penal Code 1860 ss 193 and 228 and the court martial shall be deemed to a court within the meaning of the Code of Criminal Procedure 1973 ss 345 and 3463. For the purpose of the Army Act 1950, there are four kinds of court martial; general court martial, district court martial, summary general court martial and summary court martial4. Court martial are ad hoc bodies constituted every time a trial is to be held. They could be constituted by the central gove...