THE ARMY ACT, 1950[PART I]

An Act to consolidate and amend the law relating to the government of the regular Army.

BE it enacted by Parliament as follows:-

CHAPTER I

PRELIMINARY

1.Short title and commencement.

1.Short title and commencement. (1) This Act may be called the
Army Act, 1950.

(2) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint in this behalf.

2.Persons subject to this Act.

2.Persons subject to this Act. (1) The following persons shall be subject to this Act wherever they may be, namely:-

(a) officers, junior commissioned officers and warrant officers of the regular Army;

(b) persons enrolled under this Act;

(c) persons belonging to the Indian Reserve Forces;

(d) persons belonging to the Indian Supplementary Reserve
Forces when called out for service or when carrying out the annual test;

(e) officers of the Territorial Army, when doing duty as such officers, and enrolled persons of the said Army when called out or embodied or attached to any regular forces, subject to such adaptations and modifications as may be made in the application of this Act to such persons under sub-
section (1) of section 9 of the Territorial Army Act, 1948.(56 of 1948.)

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1 This Act has been extended to-

Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3.and Sch. Assam Rifles as modified by S.R.O. 318, dated 6-12-1962, Gazette of India, Part II, Section 4, page 223.Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-
1963).

And brought into force in Dadra and Nagar Haveli by Reg. 6 of
1963, s.2 and Sch. I (w.e.f. 1-7-1965).

2 22nd July, 1950, see Notification No,. S.R.0 120, dated the
22nd July, 1950, Gazette of India, Pt. II, Sec. 4, p. 86.———————————————————————-

214.(f) persons holding commissions in the Army in India
Reserve of Officers, when ordered on any duty or service for which they are liable as members of such reserve forces;

(g) officers appointed to the Indian Regular Reserve of
Officers, when ordered on any duty or service for which they are liable as members of such reserve forces;

1* * * * *

(i) persons not otherwise subject to military law who, on active service, in camp, on the march or at any frontier post specified by the Central Government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of, the regular Army

(2) Every person subject to this Act under clauses (a) to 2[ (g)
of sub-section (1) shall remain so subject until duly retired, dis-
charged, released, removed, dismissed or cashiered from the service.

3.Definition.

3.Definition. In this Act, unless the context otherwise requires,-

(i) "active service", as applied to a person subject to this Act, means the time during which such person-

(a) is attached to, or forms part of, a force which is engaged in operations against an enemy, or

(b) is engaged in military operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or

(c) is attached to or forms part of a force which is in military occupation of a foreign country;

(ii) "civil offence" means an offence which is triable by a
Criminal Court ;

(iii) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act,
1894, (9 of 1894.) or under any other law for the time being in force ;

3[(iv)"Chief of the Army Staff" means the officer commanding the regular Army;]

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1 Cl. (h) omitted by the Adaption of Laws (No. 3) Order, 1956.2 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “(h)”

3 Subs. by Act 19 of 1955. s. 2 and Sch., for cl. (iv)
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215.(v) “commanding officer”, when used in any provision of this Act, 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 regular Army,or in the absence of any such regulations, by the custom of the service, to discharge with respect to that portion of the regular Army or that department, as the case may be, the functions of a commanding officer in regard to matters of the description referred to in that provision ;

(vi) “corps” means any separate body of persons subject to this Act, which is prescribed as a corps for the purposes of all or any of the provisions of this Act ;

(vii) “court-martial” means a court-martial held under this Act;

(viii)”Criminal Court” means a Court of ordinary criminal justice in any part of India 1* * * ;

(ix) “department” includes any division or branch of a department;

(x) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to military law to act ;

(xi) “the Forces” means the regular Army, Navy and Air Force or any part of any one or more of them ;

(xii) “junior commissioned officer” means a person commissioned, gazetted or in pay as a junior commissioned officer in the regular Army or the Indian Reserve Forces, and includes a person holding a junior commission in the Indian
Supplementary Reserve Forces. or the Territorial Army, 2 * *
* who is for the time being subject to this Act ;

(xiii) “military custody” means the arrest or confinement of a person according to the usages of the service and includes naval or air force custody;

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1 The words ” other than the State of Jammu and Kashmir” omitted by Act 13 of 1975, s. 3 (w.e.f. 25-1-1975).

2 The words “or a junior or equivalent commission in the land forces of a Part B State” omitted by the Adaptation of Laws (No. 3)
Order, 1956,
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216.(xiv) “military reward” includes any gratuity or annuity for long service or good conduct, good service pay or pension, and any other military pecuniary reward;

(xv) ” non-commissioned officer” means a person holding a non-commissioned rank or an acting non-commissioned rank in the regular Army or the Indian Reserve Forces, and includes a non-commissioned officer or acting noncommissioned officer of the Indian Supplementary Reserve Forces or the Territorial
Army, 1* * * who is for the time being subject to this Act;

(xvi) “notification” means a notification published in the Official Gazette;

(xvii) “offence” means any act or omission punishable under this Act and includes a civil offence as hereinbefore defined;

(xviii)”officer” means a person commissioned, gazetted are in pay as an officer in the regular Army, and includes-

(a) an officer of the Indian Reserve Forces;

(b) an officer holding a commission in the Territorial
Army granted by the President with designation of rank corresponding to that of an officer of the regular Army who is for the time being subject to this Act ;

(c) an officer of the Army in India Reserve of
Officers who is for the time being subject to this Act;

(d) an officer of the Indian Regular Reserve of
Officers who is for the time being subject to this Act;

2* * * * * *

(f) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the Navy or Air Force;

but does not include a junior commissioned officer, warrant officer, petty officer or non-commissioned officer;

(xix) “prescribed” means prescribed by rules made under this Act;

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1 The words “or the land forces of a Part B State” omitted, by the Adaptation of Laws (No. 3) Order. 1956.2 Sub-clause (e) omitted, ibid,
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217.(xx) “provost-marshal” means a person appointed as such under section 107 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf;

(xxi) “regular Army” means officers, junior commissioned officers, warrant officers, non-commissioned officers and other enrolled persons who, by their commission, warrant, terms of enrolment or otherwise, are liable to warrant, terms of enrolment or otherwise, are liable to Union in any part of the world, including persons belonging to the Reserve Forces and the Territorial Army when called out on permanent service;

(xxii) “regulation” includes a regulation made under this
Act;

(xxiii) “superior officer”, when used in relation to a person subject to this Act, includes a junior commissioned officer, warrant officer and a non-commissioned officer, and, as regards persons placed under his orders, an officer, warrant officer, petty officer and non-commissioned officer of the Navy or Air Force;

(xxiv) “warrant officer” means a person appointed, gazetted or in pay as a warrant officer of the regular Army or of the Indian Reserve Forces, and includes a warrant officer of the Indian Supplementary Reserve Forces or of the
Territorial Army 1* * * who is for the time being subject to this Act;

(xxv) 2[all words (except the word "India")] and expressions used but not defined in this Act and defined in the Indian Penal Code (45 of 1860) shall be deemed to have the meanings assigned to them in that Code.

CHAPTER II

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES

4.Application of Act to certain forces under Central Government.

4.Application of Act to certain forces under Central Government.
(1) The Central Government may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any force raised and maintained in India under the authority of that
Government, 3* * * and suspend the operation of any other enactment for the time being applicable to the said force.

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1 The words “or of the land forces of a Part B State” omitted by the Adaptation of Laws (No. 3) Order, 1956.2 Subs. by Act 13 of 1975, s. 3. for “all words” (w.e.f. 25-1-
1975).

3 The words “including any force maintained by a Part B State”
omitted by the Adaptation of Laws (No. 3) Order, 1956.———————————————————————-

218.(2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the regular Army the same or equivalent rank as the aforesaid persons hold for the time being in the said force.

(3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by or are in the service of or are followers of or accompany any portion of the said force as they have effect in respect of persons subject to this Act under 1[clause
(i) of sub-section (1) of section (2)].

(4) While any of the provisions of this Act apply to the said force, the Central Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.

5. [Application of Act to forces of Part B States.] Rep. by the
Adaptation of Laws (No. 3) Order, 1956.

6.Special provision as to rank in certain cases. (1) The Central
Government may, by notification, direct that any persons or class of persons subject to this Act under 1 [clause (i), of sub-section (1) of section 2] shall be so subject as officers, junior commissioned officers, warrant officers or non-commissioned officers and may authorise any officer to give a like direction and to cancel such direction.

(2) All persons subject to this Act other than officers, junior commissioned officers, warrant officers and non-commissioned officers shall, if they are not persons in respect of whom a notification or direction under sub-section (1) is in force, be deemed to be of a rank inferior to that of a non-commissioned officer.

7.Commanding officer of persons subject to military law under clause (i)of section 2.7.Commanding officer of persons subject to military law under clause (i) of section 2. (1) Every person subject to this Act under
1[clause (i) of subsection (1) of section 2] shall, for the purposes of this Act, be deemed to be under the commanding officer of the corps, department of detachment, if any, to which he is attached, and, if he is not so attached, under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person for the time being is serving, or any other prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the force.

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1 Subs. by Act 56 of 1974, s.3 and Sch. II, for ” clause (i) of section”.
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218A

(2) An officer commanding a force shall not place a person subject to this Act under 1[clause (i) of sub-section (1) of section
2] under the command of an officer of rank inferior to that of such person, if there is present at the place where such person is any officer of a higher rank under whose command he can be placed.

8.Officers exercising powers in certain cases. (1) Whenever persons subject to this Act are serving under an officer commanding any military Organisation, not in this section specifically named and being in the opinion of the Central Government not less than a brigade, that Government may prescribe the officer by whom the powers, which under this Act may be exercised by officers commanding armies, army corps, divisions and brigades, shall, as regards such, persons, be exercised.

(2) The Central Government may confer such powers, either absolutely or subject to such restrictions, reservations, exceptions and conditions, as it may think fit.

9.Power to declare persons to be on active service.
Notwithstanding anything contained in clause (i) of section 3, the
Central Government may, by notification, declare that any person or class of persons subject to this Act shall, with reference to any

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1 Subs. by Act 58 of 1974, s. 3 and Sch. II, for “clause (i) of section 2″.
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219.area in which they may be serving or with reference to any provision of this Act or of any other law for the time being in force, be deemed to be on active service within the meaning of this Act.

CHAPTER III

COMMISSION, APPOINTMENT AND ENROLMENT

10.Commission and appointment. The President may grant, to such person as he thinks fit, a commission as, an officer, or as a junior commissioned officer or appoint any person, as a warrant officer of the regular Army.

11.Ineligibility of aliens for enrolment. No person who is not a citizen of India shall, except with the consent of the Central
Government signified in writing, be enrolled in the regular Army:

Provided that nothing contained in this section shall bar the enrolment of the subjects of Nepal in the regular Army.

12.Ineligibility of females for enrolment or employment. No female shall be eligible for enrolment or employment in the regular
Army, except in such corps, department, branch or other body forming part of, or attached to any portion of, the regular Army as the
Central Government may, by notification in the Official Gazette, specify in this behalf:

Provided that nothing contained in this section shall affect the provisions of any law for the time being in force providing for the raising and maintenance of any service auxiliary to the regular Army
,or any branch thereof in which females are eligible for enrolment or employment.

13.Procedure before enrolling officer.

13.Procedure before enrolling officer. Upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of the service for which he is to be enrolled; and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after having cautioned him that if he makes a false answer to any such question, he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question.

14.Mode of enrolment.

14.Mode of enrolment. If, after complying with the provisions of section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall also cause such person to sign the enrolment paper, and such person shall thereupon be deemed to be enrolled.

220.15.Validity of enrolment.

15.Validity of enrolment. Every person who has for the space of three months been in receipt of pay as a person enrolled under this
Act and been borne on the rolls of any corps or department shall be deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever ; and if any person, in receipt of such pay and borne on the rolls as aforesaid, claims his discharge before the expiry of three months from his enrolment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as an enrolled person under this Act or invalidate any proceeding, act or thing taken or done prior to his discharge.

16.Persons to be attested. The following persons shall be attested, namely:-

(a) all persons enrolled as combatants ;

(b) all persons selected to hold a non-commissioned or acting non-commissioned rank; and

(c) all other persons subject to this Act as may be prescribed by the Central Government.

17.Mode of attestation.

17.Mode of attestation. (1) When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer in front of his corps or such portion thereof or such members of his department as may be present, or by any other prescribed person.

(2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will bear true allegiance to the Constitution of India as by law established, and that he will serve in the regular Army and go wherever he is ordered by land, sea or air, and that he will obey all commands of any officer set over him, even to the peril of his life.

(3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper, and authenticated by the signature of the officer administering the oath or affirmation.

CHAPTER IV

CONDITIONS OF SERVICE

18.Tenure of service under the Act. Every person subject to this
Act shall hold office during the pleasure of the President.

19.Termination of service by Central Government. Subject to the provisions of this Act and the rules and regulations made thereunder the Central Government may dismiss, or remove from the service, any person subject to this Act.

20.Dismissal, removal or reduction by the Chief of the Army Staff and by other officers. (1) 1[The Chief of the Army Staff ] may dismiss or remove from the service any person subject to this Act other than an officer.

(2) 1[The Chief of the Army Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer.

(3) An officer having power not less than a brigade or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a junior commissioned officer.

(4) Any such officer as is mentioned in sub-section (3) may reduce to a lower grade or rank or the ranks, any warrant officer or any noncommissioned officer under his command.

(5) A warrant officer reduced to the ranks under this section shall not, however, be required to serve in the ranks as a sepoy.

(6) The commanding officer of an acting non-commissioned officer may order him to revert to his permanent grade as a non-commissioned officer, or if he has no permanent grade above the ranks, to the ranks.

(7) The exercise of any power under this section shall be subject to the said provisions contained in this Act and the rules and regula-
tions made thereunder.

21.Power to modify certain fundamental rights in their application topersons subject to this Act.

21.Power to modify certain fundamental rights in their application to persons subject to this Act. Subject to the provisions of any law for the time being in force relating to the regular Army or to any branch thereof, the Central Government may, by notification, make rules restricting to such extent and in such manner as may be necessary the right of any person subject to this Act-

(a) to be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions or any society, institution or association, or any class of societies, institutions or associations

(b) to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes

(c) to communicate with the press or to publish or cause to be published any book, letter or other document.

22.Retirement, release or discharge.

22.Retirement, release or discharge. Any person subject to this
Act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed.

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1 Subs. by Act 19 of 1955, s. 2 and Sch., for “The Commander-in-
Chief”.
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222.23.Certificate on termination of service.

23.Certificate on termination of service. Every junior commissioned officer, warrant officer, or enrolled person who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother tongue of such person and also in the
English language setting forth-

(a) the authority terminating his service

(b) the cause for such termination ; and

(c) the full period of his service in the regular Army.

24.Discharge or dismissal when out of India.

24.Discharge or dismissal when out of India. (1) Any person enrolled under this Act who is entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of India, and requests to be sent to India, shall, before being discharged, be sent to India with all convenient speed.

(2) Any person enrolled under this Act who is dismissed from the service and who, when he is so dismissed, is serving out of India, shall be sent to India with all convenient speed.

(3) Where any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with any other punishment, such other punishment, or, in the case of a sentence of transportation or imprisonment, a portion of such sentence may be inflicted before he is sent to India.

(4) For the purposes of this section, the word ” discharge ”
shall include release, and the word ” dismissal ” shall include removal.

CHAPTER V

SERVICE PRIVILEGES

25.Authorised deductions only to be made from pay. The pay of every person subject to this Act due to him as such under any regulation for the time being in force shall be paid without any deduction other than the deductions authorised by or under this or any other Act.

26.Remedy of aggrieved persons other than officers.

26.Remedy of aggrieved persons other than officers. (1) Any person subject to this Act other than an officer who deems himself wronged by any superior or other officer may, if not attached to a troop or company, complain to the officer under whose command or orders he is serving ; and may, if attached to a troop or company, complain to the officer commanding the same.

(2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved person may complain to such officers next superior officer.

(3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress

223.to the complainant; or, when necessary, refer the complaint to superior authority.

(4) Every such complaint shall be preferred in such manner as may from time to time be specified by the proper authority.

(5) The Central Government may revise any decision by 1[the
Chief of the Army Staff] under sub-section (2), but, subject thereto, the decision of 1 [the Chief of the Army Staff ] shall be final.

27.Remedy of aggrieved officers.

27.Remedy of aggrieved officers. Any officer who deems himself wronged by his commanding officer or any superior officer and who on due application made to his commanding officer does not receive the redress to which he considers himself entitled, may complain to the
Central Government in such manner as may from time to time be specified by the proper authority.

28.Immunity from attachment.

28.Immunity from attachment. Neither the arms, clothes, equipment, accoutrements or necessaries of any person subject to this
Act, nor any animal used by him for the discharge of his duty, shall be seized, nor shall the pay and allowances of any such person or any part thereof be attached, by direction of any civil or revenue court or any revenue officer in satisfaction of any decree or order enforceable against him.

29.Immunity from arrest for debt.

29.Immunity from arrest for debt. (1) No person subject to this
Act shall, so long as he belongs to the Forces, be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer.

(2) The judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section and may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process.

(3) For the recovery of such costs no court-fee shall be payable by the complainant.

30.

Immunity of persons attending courts-martial from arrest.

30.Immunity of persons attending courts-martial from arrest. (1)
No presiding officer or member of a court-martial, no judge advocate, no party to any proceeding before a court-martial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a court-martial shall, while proceeding to, attending or returning from, a court-martial, be liable to arrest under civil or revenue process.

(2) If any such person is arrested under any such process, he may be discharged by order of the court-martial.

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1 Subs. by Act 19 of 1955, s. 2 and sch. for ” the Commander-in-
Chief”.
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224.31.Privileges of reservists.

31.Privileges of reservists. Every person belonging to the Indian
Reserve Forces shall, when called out for or engaged in or returning from, training or service, be entitled to all the privileges accorded by sections 28 and 29 to a person subject to this Act.

32.Priority in respect of army personnels litigation.

32.Priority in respect of army personnels litigation. (1) On the presentation to any court by or on behalf of any person subject to this Act of a certificate from the proper military authority of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for.

(2) The certificate from the proper military authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for.

(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority for the hearing of his case.

(4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself.

(5) If in any case a question arises as to the proper military authority qualified to grant such certificate as aforesaid, such question shall at once be referred by the court to an officer having power not less than a brigade or equivalent commander whose decision shall be final.

33.Saving of rights and privileges under other laws.

33.Saving of rights and privileges under other laws. The rights and privileges specified in the preceding sections of this Chapter shall be in addition to, and not in derogation of, any other rights and privileges conferred on persons subject to this Act or on members of the regular Army, Navy and Air Force generally by any other law for the time being in force.

CHAPTER VI

OFFENCES

34.Offences in relation to the enemy and punishable with death.
Any person subject to this Act who commits any of the following offences, that is to say,-

(a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which

225.it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit any of the said acts ; or

(b) intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy; or

(c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice ; or

(d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union; or

(e) directly or indirectly assists the enemy with money, arms., ammunition, stores or supplies ; or

(f) treacherously or through cowardice sends a flag of truce to the enemy ; or

(g) in time of war or during any military operation, intentionally occasions a false alarm in action, camp, garrison or quarters, or spreads reports calculated to create alarm or despondency ; or

(h) in time of action leaves his commanding officer or his post, guard, picquet, patrol or party without being regularly relieved or without leave ; or

(i) having been made a prisoner of war, voluntarily serves with or aids the enemy ; or

(j) knowingly harbours or protects an enemy not being a prisoner ; or

(k) being a sentry in time of war or alarm, sleeps upon his post or is intoxicated ; or

(l) knowingly does any act calculated to imperil the success of the military, naval or air forces of India or any forces co-operating therewith or any part of such forces;

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.

35.Offences in relation to the enemy and not punishable with death.

35.Offences in relation to the enemy and not punishable with death. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) is taken prisoner, by want of due precaution, or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so; or

226.(b) without due authority holds correspondence with or communicates intelligence to the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his commanding or other superior officer; or

(c) without due authority sends a flag of truce to the enemy;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

36.Offences punishable more severely on active service than at othertimes.

36.Offences punishable more severely on active service than at other times. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) forces a safeguard, or forces or uses criminal force to a sentry ; or

(b) breaks into any house or other place in search of plunder; or

(c) being a sentry sleeps upon his post, or is intoxicated;
or

(d) without orders from his superior officer leaves his guard, picquet, patrol or post ; or

(e) intentionally or through neglect occasions a false alarm in camp, garrison, or quarters ; or spreads reports calculated to create unnecessary alarm or despondency ; or

(f) makes known the parole, watchword or countersign to any person not entitled to receive it ; or knowingly gives a parole, watchword or countersign different from what he received ;

shall, on conviction by court-martial,

if he commits any such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

if he commits any such offence when not on active service, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

37.Mutiny.

37.Mutiny. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) begins, incites, causes, or conspires with any other persons to cause any mutiny in the military, naval or air forces of India or any forces co-operating therewith ; or

(b) joins in any such mutiny ; or

227.(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same ; or

(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer; or

(e) endeavours to seduce any person in the military, naval.
or air forces of India from his duty or allegiance to the
Union;

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.

38.Desertion and aiding desertion.

38.Desertion and aiding desertion. (1) Any person subject to this
Act who deserts or attempts to desert the service shall, on conviction by court-martial,

if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and

if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who, knowingly harbours any such deserter shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

39.Absence without leave.

39.Absence without leave. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) absents himself without leave; or

(b) without sufficient cause overstays leave granted to him;
or

(c) being on leave of absence and having received information from proper authority that any corps, or portion of a corps, or any department, to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay ; or

(d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty ;
or

228.(e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march ; or

(f) when in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer ; or

(g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

40.

Striking or threatening superior officers.

40.Striking or threatening superior officers. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) uses criminal force to or assaults his superior officer ; or

(b) uses threatening language to such officer ; or

(c) uses insubordinate language to such officer;

shall, on conviction by court-martial,

if such officer is at the time in the execution of his office or, if the offence is committed on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned:

Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five years.

41.Disobedience to superior officer.

41.Disobedience to superior officer. (1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise shall on conviction by court-
martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who disobeys any lawful com-
mand given by his superior officer shall, on conviction by court-
martial,

if he commits such offence when on active service, be liable to suffer imprisonment for a term which may extend to

229.fourteen years or such less punishment as is in this Act mentioned ; and

if he commits such offence when not on active service, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

42.Insubordination and obstruction.

42.Insubordination and obstruction. Any person subject to this
Act who commits any of the following offences, that is to say,-

(a) being concerned in any quarrel, affray, or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer ; or

(b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or

(c) resists an escort whose duty it is to apprehend him or to have him in charge ; or

(d) breaks out of barracks, camp or quarters ; or

(e) neglects to obey any general, local or other order; or

(f) impedes the provost-marshal or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a provost-marshal or any person lawfully acting on his behalf ; or

(g) uses criminal force to or assaults any person bringing provisions or supplies to the forces ;

shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend, in the case of the offences specified in clauses (d) and (e) to two years, and in the case of the offences specified in the other clauses to ten years or such less punishment as is in this Act mentioned.

43.Fraudulent enrolment.

43.Fraudulent enrolment. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) without having obtained a regular discharge from the corps or department to which he belongs, or otherwise fulfilled the conditions enabling him to enrol or enter, enrols himself in, or enters the same or any other corps or department or any part of the naval or air forces of India or the Territorial Army; or

(b) is concerned in the enrolment in any part of the Forces of any person when he knows or has reason to believe such

230

person to be so circumstanced that by enrolling he commits an offence against this Act ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

44.False answers on enrolment.

44.False answers on enrolment. Any person having become subject to this Act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

45.Unbecoming conduct.

45.Unbecoming conduct. Any officer, junior commissioned officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and, if he is a junior commissioned officer or a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned.

46.Certain forms of disgraceful conduct.

46.Certain forms of disgraceful conduct. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or

(b) malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or

(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

47.Ill-treating a subordinate.

47.Ill-treating a subordinate. Any officer, junior commissioned officer, warrant officer or non-commissioned officer who uses criminal force to or otherwise illtreats any person subject to this Act, being his subordinate in rank or position, shall, on conviction by court-
martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

48.Intoxication.

48.Intoxication. (1) Any person subject to this Act who is found in a state of intoxication, whether on duty or not, shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned ; and, if he is not an

231.officer, be liable, subject to the provisions of sub-section (2), to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

(2) Where an offence of being intoxicated is committed by a person other than an officer when not on active service or not on duty, the period of imprisonment awarded shall not exceed six months.

49.Permitting escape of person in custody.

49.Permitting escape of person in custody. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) when in command of a guard, picquet, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed; or

(b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard ;

shall, on conviction by court-martial, be liable, if he has acted wilfully to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned;
and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this
Act mentioned.

50.

Irregularity in connection with arrest or confinement.

50.Irregularity in connection with arrest or confinement. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation ; or

(b) having committed a person to military custody fails without reasonable cause to deliver at the time of such com-
mittal, or as soon as practicable, and in any case within forty-eight hours. thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

51.Escape from custody.

51.Escape from custody. Any person subject to this Act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

232.52.Offences in respect of property.

52. Offences in respect of property. Any person subject to this
Act who commits any of the following offences, that is to say,-

(a) commits theft of any property belonging to the
Government, or to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law ; or

(b) dishonestly misappropriates or converts to his own use any such property ; or

(c) commits criminal breach of trust in respect of any such property ; or

(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b)
and (c) has been committed, knowing or having reason to believe the commission of such offence; or

(e) wilfully destroys or injures any property of the
Government entrusted to him ; or

(f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person;

shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

53.Extortion and corruption.

53. Extortion and corruption. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) commits extortion ; or

(b) without proper authority exacts from any person money, provisions or service ;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

54.Making away with equipment.

54. Making away with equipment. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments. tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him; or

(b) loses by neglect anything mentioned in clause (a) ; or

(c) sells, pawns, destroys or defaces any medal or decoration granted to him ;

233.shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend in the case of the offences specified in clause (a) to ten years, and in the case of the offences specified in the other clauses to five years, or such less punishment as is in this Act mentioned.

55.Injury to property.

55. Injury to property. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) destroys or injures any property mentioned in clause
(a) of section 54 or any property belonging to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law, or serving with, or attached to, the regular Army; or

(b) commits any act which causes damage to, or destruction of, any property of the Government by fire; or

(c) kills, injures, makes away with, ill-treats or loses any, animal entrusted to him;

shall, on conviction by court-martial, be liable, if he has acted wil-
fully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned ; and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this
Act mentioned.

56.False accusations.

56. False accusations. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false ; or

(b) in making a complaint under section 26 or section 27.makes any statement affecting the character of any person subject to this Act, knowing or having reason to believe such statement to be false or knowingly and wilfully suppresses any material facts;

shall, on conviction by court-martial be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

57.Falsifying official documents and false declaration.

57. Falsifying official documents and false declaration. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes,

234.
or is privy to the making of any false or fraudulent statement; or

(b) in any document of the description mentioned in clause
(a) knowingly makes, or is privy to the making of, any omission, with intent to defraud ; or

(c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce ; or

(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration;
or

(e) obtains for himself, or for any other person, any pension,allowance or other advantage or privilege by a state-
ment which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement ;

shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

58.Signing in blank and failure to report.

58. Signing in blank and failure to report. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any, .property of the Government fraudulently leaves in blank any material part for which his signature is a voucher ; or

(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send ;

shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

59.Offences relating to courts-martial.

59. Offences relating to courts-martial. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) being duly summoned or ordered to attend as a witness before a court martial, wilfully or without reasonable excuse, makes default in attending; or

(b) refuses to take an oath or make an affirmation legally required by a court-martial to be taken or made; or

235.

(c) refuses to produce or deliver any document in his power or control legally required by a court-martial to be produced or delivered by him; or

(d) refuses when a witness to answer any question which he is by law bound to answer ; or

(e) is guilty of contempt of court-martial by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court;

shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend to three years or such less punishment as is in this Act mentioned.

60.

False evidence.

60. False evidence. Any person subject to this Act who, having been duly sworn or affirmed before any court-martial or other court competent under this Act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

61.Unlawful detention of pay.

61. Unlawful detention of pay. Any officer, junior commissioned officer, warrant officer or non-commissioned officer who, having received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due, shall, on conviction by court-
martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

62.Offences in relation to aircraft and flying.

62. Offences in relation to aircraft and flying. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) wilfully or without reasonable excuse damages, destroys or loses any aircraft or aircraft material belonging to the
Government: or

(b) is guilty of any act or neglect likely to cause such damage, destruction or loss ; or

(c) without lawful authority disposes of any aircraft or aircraft material belonging to the Government; or

(d) is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person ; or

(e) during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration, by or under the authority of a neutral State, or the destruction in a neutral State of any aircraft, belonging to the Government

236.
shall, on conviction by court-martial, be liable, if he has acted wil-
fully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned, and, in any other case, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

63.Violation of good order and discipline.

63. Violation of good order and discipline. Any person subject to this Act who is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and military discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

64.Miscellaneous offences.

64. Miscellaneous offences. Any person subject to this Act who commits any of the following offences, that is to say,-

(a) being in command at any post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority ; or

(b) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person ; or

(c) attempts to commit suicide, and in such attempt does any act towards the commission of such offence; or

(d) being below the rank of warrant officer, when off duty, appears without proper authority, in or about camp or cantonments, or in or about, or when going to or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon; or

(e) directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service ; or

(f) commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving ;

shall, on conviction by court-martial, be liable to suffer imprison-
ment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

237.
65.Attempt.

65. Attempt. Any person subject to this Act who attempts to commit any of the offences specified in sections 34 to 64 inclusive and in such attempt does any act towards the commission of the offence, shall, on conviction by court-martial, where no express provision is made by this Act for the punishment of such attempt, be liable,

if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.

66.Abetment of offences that have been committed.

66. Abetment of offences that have been committed. Any person subject to this Act who abets the commission of any of the offences specified in sections 34 to 64 inclusive shall, on conviction by court-martial, if the Act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this Act mentioned.

67.Abetment of offences punishable with death and not committed.

67. Abetment of offences punishable with death and not committed. Any person subject to this Act who abets the commission of any of the offences punishable with death under sections 34, 37 and sub-section (1) of section 38 shall, on conviction by court-
martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

68.Abetment of offences punishable with imprisonment and not committed.

68. Abetment of offences punishable with imprisonment and not committed. Any person subject to this Act who abets the commission of any of the offences specified in sections 34 to 64 inclusive and punishable with imprisonment shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.

69.Civil offences.

69. Civil offences. Subject to the provisions of section 70, any person subject to this Act who at any place in or beyond India commits any civil

238.offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section, shall be liable to be tried by a court-martial and, on conviction, be punishable as follows, that is to say,-

(a) if the offence is one which would be punishable under any law in force in India with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and

(b) in any other case, he shall be liable to suffer any punishment, other than whipping, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned.

70.

Civil offence not triable by court-martial.

70. Civil offence not triable by court-martial. A person subject to this Act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this Act and shall not be tried by a court-martial, unless he commits any of the said offences-

(a) while on active service, or

(b) at any place outside India, or

(c) at a frontier post specified by the Central Government by notification in this behalf.

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