ARMY RULES, 1954
These rules may be called the Army Rules, 1954.
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1. Vide S.R.O. 484, dated 27th November, 1954, published in the Gazette of India, Pt. II., Sec. 4, p. 291.
In these rules, unless the context otherwise requires,—
(a) “the Act” means the Army Act, 1950 (46 of 1950);
(b) “Appendix” means an appendix set forth in these rules;
(c) “Field Officer” includes an officer, not being a general officer, of any rank (including brevet rank) above the rank of Captain;
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(d) “proper military authority” when used in relation to any power, duty, act or matter, such military authority as, in pursuance of these rules or the regulations made under the Act or the usages of the service, exercises or performs that power or duty or is concerned with the act or matter;
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Any report or application directed by these rules to be made to a superior authority, or a proper military authority, shall be made in writing through the proper channel, unless the said authority, on account of military exigencies or otherwise, dispenses with the writing.
(1) The forms set forth in the appendices to these rules, with such variations as the circumstances of each case may require, may be used for the respective purposes therein mentioned, and if used, shall be sufficient, but a deviation from such forms shall not, by reason only of such deviation, render invalid any charge, warrant, order, proceedings or any other document relevant to these rules.
(2) Any omission of any such form shall not, by reason only of such omission, render any act or thing invalid.
(3) The directions in the notes to, and the instructions in, the forms shall duly complied with in all cases to which they relate, but any omission to comply with any such directions in the notes of instructions shall not, merely by reason of such omission, render any act or thing invalid.
Any power or jurisdiction to, and any act or thing to be done by, to or before any person holding any military office for the purpose of these rules may be exercised by, or done by, to or before any person for the time being authorised in that behalf according to the custom of the service.
In regard to any matter not specifically provided for in these rules, it shall be lawful for the competent authority to do such thing or take such action as appears to it to be just and proper.
The following persons shall be the “enrolling officers” for the purpose of section 13, namely:—
(a) all recruiting and assistant recruiting officers including officers of the Indian Navy or of the Air Force, who may be appointed as such,
(b) the officer commanding a regiment, battalion or training or regimental centre, and
(c) any extra assistant recruiting officer or other person who may be appointed as an “enrolling officer” by the Adjutant General.
All combatants, and other enrolled persons who may be selected to hold non-commissioned or acting non-commissioned rank shall when reported fit for duty, be attested in the manner provided in section 17.
(1) Every person required to be attested under section 16 shall make and subscribe an oath or affirmation in one of the following forms or in such other form to the same purport as the attesting officer ascertains to be in accordance with the religion of the person to be attested, or otherwise binding on his conscience.
Form of Oath
I, .........................., do swear in name of God that I will bear true faith and allegiance to the Constitution of India as by the law established and that I will, as in duty bound, honestly and faithfully serve in the regular Army of the Union of India and go wherever ordered by land, sea or air, and that I will observe and obey all commands of the President of the Union of India and the commands of any officer set over me even to the peril of my life.
Form
Where the Central Government by any general or special order published in the Official Gazette so directs, any person enrolled under this Act may, notwithstanding anything to the contrary contained in the conditions of service for which he is enrolled, be transferred to any corps or department by order of an authority exercising powers not less than those of an officer commanding a division.
(1) Every person enrolled under the Act shall, as soon as he becomes entitled under the conditions of his enrolment to be discharged, be so discharged with all convenient speed:
Provided that no person shall be entitled to such discharge, if the Central Government has, by notification suspended the said entitlement to discharge for the whole or a part of the regular Army.
(2) The discharge of a person, validly sanctioned by a competent authority, may, with the consent of the discharged person, be cancelled by any authority superior to the authority who sanctioned the discharge either without any conditions or subject to such conditions as such discharged person accepts.
(1) A certificate required to be furnished under the provisions of section 23 is hereinafter called a “discharge certificate”.
(2) A discharge certificate may be furnished either by personal delivery thereof by or on behalf of the commanding officer to the person dismissed, removed, discharged or released, or by the transmission of the same to such person by registered post.
(1) Each of the authorities specified in column 3 of the Table below, shall be the competent authority to discharge from service person subject to the Act specified in column 1 thereof on the grounds specified in column 2.
(2) Any power conferred by this rule on any of the aforesaid authorities shall also be exercisable by any other authority superior to it.
(2-A) Where the Central Government or the Chief of the Army Staff decides that any person or class of persons subject to the Act should be discharged from service, either unconditionally or on the fulfilment of certain specified conditions, then, notwithstanding anything contained in this rule, the Commanding Officer shall also be the competent authority to discharge from service such person or any person belonging to such class in accordance with the said decision.
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.—(1) When an officer does not appear at or, having appeared fails to qualify, at the retention examination or promotion examination or any other basic course or examination within the time or extended time specified in respect of that examination or course, the Chief of the Army Staff 2[or the Military Secretary] shall call upon the officer to show cause why he should not be compulsorily retired or removed from the service.
(2) In the event of the explanation being considered by the Chief of the Army Staff 2[or the Military Secretary] to be unsatisfactory, the matter shall be submitted to the Central Government for orders, together with the officer’s explanation and the recommendation of the Chief of the Army Staff 2[or the Military Secretary] as to whether the officer should be—
(a) called upon to retire; or
Section R.13(a) of the Army Rules, 1954, provides the legal framework for the termination of an officer’s service by the Central Government. It grants specific authority to discharge or dismiss officers under certain conditions, emphasizing the administrative nature of such actions outside judicial proceedings. This section is crucial in maintaining discipline and efficiency within the armed forces by enabling the competent authority to take administrative action against officers who are deemed undesirable or unfit for service.
Section R.13(a) authorizes the Central Government to terminate the service of an officer in the Army on grounds such as inefficiency, undesirable conduct, or other administrative reasons. The section specifies that such termination can be carried out without the necessity of a court-martial or judicial trial, provided the prescribed procedure is followed. It emphasizes the role of the competent authority in assessing the suitability of an officer and executing discharge orders accordingly.
The scope extends to officers serving in the Army who may be discharged for administrative reasons, including inefficiency or undesirable behavior. It applies to both permanent and temporary officers and covers various modes of termination, including dismissal, retirement, or release. The section provides a mechanism for maintaining discipline and operational efficiency without resorting to judicial processes.
While the section itself authorizes termination, it does not prescribe specific punishments like imprisonment or fines. Instead, it facilitates administrative discharge, which may be considered a form of punitive measure in cases of undesirable conduct or inefficiency. If misconduct is involved, other provisions of the Army Act or Rules may prescribe additional punishments.
This commentary synthesizes the legal framework and judicial perspectives surrounding Section R.13(a) of the Army Rules, 1954, highlighting its role in administrative discharge within the armed forces.
.—(1) When it is proposed to terminate the service of an officer under section 19 on account of misconduct, he shall be given an opportunity to show cause in the manner specified is sub-rule (2) against such action—
Provided that this sub-rule shall not apply—
(a) where the service is terminated on the ground of misconduct which has led to his conviction by a criminal court; or
(b) where the Central Government is satisfied that for reasons, to be recorded in writing, it is not expedient or reasonably practicable to give to the officer an opportunity of showing cause.
(2) When after considering the reports on an officer’s misconduct, the Central Government or the Chief of the Army Staff is satisfied that the trial of the officer by a co
(1) When the Chief of the Army Staff is satisfied that an officer is unfit to be retained in the service due to inefficiency, or physical disability, the officer—
(a) shall be so informed,
(b) shall be furnished with the particulars of all matters adverse to him, and
(c) shall be called upon to urge any reasons he may wish to put forward in favour of his retention in the service:
Provided that clauses (a), (b) and (c) shall not apply if the Central Government is satisfied that for reasons, to be recorded by it in writing, it is not expedient or reasonably practicable to comply with the provisions thereof:
Provided further that the Chief of the Army Staff may not furnish to the officer
(1) An officer who is found by a Medical Board to be permanently unfit for any form of military service, may be released from the service in accordance with the procedure laid down in this rule.
(2) The President of the Medical Board shall, immediately after the Medical Board has come to the conclusion that the officer is permanently unfit for any form of military service, issue, a notice specifying the nature of the disease or disability he is suffering from and the finding of the Medical Board and also intimating him that in view of the finding he may be released from the service; every such notice shall also specify that the officer may, within fifteen days of the date of receipt of the notice, prefer a petition against the finding of the Medical Board to the Chief of the Army Staff through the President of the Medical Board:
Provided
A person subject to the Act may be released from the service in accordance with the Release Regulations for the Army or in accordance with any other regulations, instructions or orders made in that behalf.]
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1. Subs. by S.R.O. 205, dated 12th July, 1961.
.—(1) Officers shall be retired from service under the orders of the Central Government, or the authorities specified in sub-rule (2), with effect from the afternoon of the last date of the month in which they—
(a) attain the age limits specified in sub-rule (5);or
(b) complete the tenures of appointment specified in sub-rule 5 (f) (ii) and (g) (ii) and sub-rule (6), whichever is earlier.
(2) The authorities referred to in sub-rule (1) shall be—
(a) the Director-General, Armed Forces Medical Services in respect of officers of the Army Medical Corps, Army Dental Corps and Military Nursing Service;
(b) the Additional Director-General, Remount and Veterinary Corps in respect of Of
The retirement of an officer at his own request before he becomes liable to 2[***]retirement under rule 16A shall require the sanction of the Central Government.
(2) An officer whose request to retire is granted may, before he is retired, apply to the Central Government for withdrawal of his request. The Central Government may, at its discretion, grant such withdrawal of his application.
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1. Ins. by S.R.O. 188, dated 4th June, 1979.
2. Omitted by S.R.O. 17(E), dated 6th December, 1993.
(1) An officer shall have no right to resign his commission but may submit an application to the Central Government to resign his commission. He shall not be relieved of his duties until the Central Government has accepted his resignation.
(2) An officer whose application to resign his commission has been accepted may, before he is relieved of his duties, apply to the Central Government for withdrawal of the said application. The Central Government may, at its discretion, grant withdrawal of his application.]
Save in the case where a person is dismissed or removed from service on the ground of conduct which has led to his conviction by a criminal court or a court-martial, no person shall be dismissed or removed under sub-section (1) or sub-section (3) of section 20; unless he has been informed of the particulars of the cause of action against him and allowed reasonable time to state in writing any reasons he may have to urge against his dismissal or removal from the service:
Provided that if in the opinion of the officer competent to order the dismissal or removal, it is not expedient or reasonably practicable to comply with the provisions of this rule, he may after certifying to that effect, order the dismissal or removal without complying with the procedure set out in this rule. All cases of dismissal or removal under this rule where the prescribed procedure has not been complied with
(1)The dismissal of an officer under section 19 or the retirement, resignation, release or removal of such officer shall take effect from the date specified in that behalf in the notification of such dismissal, retirement or removal in the Official Gazette.
(2) The dismissal of a person subject to the Act, other than an officer whose dismissal otherwise than by sentence of a court-martial is duly authorised or the discharge of a person so subject whose discharge, if duly authorised, shall be carried out by the commanding officer of such person with all convenient speed. The authority competent to authorise such dismissal or discharge may, when authorising the dismissal or discharge, specify any future date from which it shall take effect:
Provided that if no such date is specified the dismissal or discharge shall take effect from the dat
No person subject to the Act shall, without the express sanction of the Central Government—
(i) take official cognizance of, or assist or take any active part in, any society, institution or organisation, not recognised as part of the Armed Forces of the Union; unless it be of a recreational or religious nature in which case prior sanction of the superior officer shall be obtained;
(ii) be a member of, or be associated in any way with, any trade union or labour union, or any class of trade or labour unions.
(1) No person subject to the Act shall attend, address, or take part in any meeting or demonstration held for a party or any political purposes, or belong to or join or subscribe in the aid of, any political association or movement.
(2) No person subject to the Act shall issue an address to electors or in any other manner publicly announce himself or allow himself to be publicly announced as a candidate or as a prospective candidate for election to Parliament, the legislature of a State, or a local authority, or any other public body or act as a member of a candidate's election committee, or in any way actively promote or prosecute a candidate's interests
No person subject to the Act shall,--
(i) publish in any form whatever or communicate directly or indirectly to the press any matter in relation to a political question or on a service subject or containing any service information, or publish or cause to be published any book or letter or article or other document on such question or matter or containing such information without the prior sanction of the Central Government, or any officer specified by the Central Government in this behalf; or
(ii) deliver a lecture or wireless address on a matter relating to the political question or on a service subject or containing any information or views on any service subject without the prior sanction of the Central Government or any officer specified by the Central Government in this behalf.
Explanation.--For the purposes of this rule, the exp
(1) Every Charge against a person subject to the Act shall be heard by the Commanding Officer in the presence of the accused. The accused shall have full liberty to cross-examine any witness against him, and to call such witness and make such statement as may be necessary for his defence:
Provided that where the charge against the accused arises as a result of investigation by a Court of inquiry, wherein the provisions of rule 180 have been complied with in respect of that accused, the commanding officer may dispense with the procedure in sub-rule (1).
(2) The commanding officer shall dismiss a charge brought before him if, in his opinion the evidence does not show that an offence under the Act has been committed, and may do so if, he is satisfied that the charge ought not to be proceeded with:
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(1) Where the case is adjourned for the purpose of having the evidence reduced to waiting, at the adjourned hearing evidence of the witnesses who were present and gave evidence before the commanding officer, whether against or for the accused, and of any other person whose evidence appears to be relevant, shall be taken down in writing in the presence and hearing of the accused before the commanding officer or such officer as he directs.
(2) The accused may put in cross-examination such questions as he thinks fit to any witness, and the questions together with the answers thereto shall be added to the evidence recorded.
(3) The evidence of each witness after it has been recorded as provided in the rule when taken down, shall be read over to him, and shall be signed by him, or if he cannot write his name shall be attested by his mark and
(1) The evidence and statement (if any) taken down in writing in pursuance of rule 23 (hereinafter referred to as the “summary of evidence”), shall be considered by the commanding officer, who thereupon shall either—
(a) remand the accused for trial by a court-martial; or
(b) refer the case to the proper superior military authority; or
(c) if he thinks it desirable, re-hear the case and either dismiss the charge or dispose of it summarily.
(2) If the accused is remanded for trial by a court-martial, the commanding officer shall without unnecessary delay either assemble a summary court-martial (after referring to the officer empowered to convene a district court-martial when such reference is necessary) or apply to the proper mil
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(1) Where an officer, a Junior Commissioned Officer or a Warrant Officer is remanded for the disposal of a charge against him by an authority empowered under section 83, 84 or 85 to deal summarily with that charge, the summary of evidence 1[***] shall be delivered to him, free of charge, with a copy of the charge as soon as practicable after its preparation and in any case not less than-twenty four hours before the disposal.
(2) Where the authority empowered under section 83, 84 or 85, decides to deal summarily with a charge against an officer, junior commissioned officer or warrant officer, he shall unless he dismisses the charge, or unless the accused has consented in writing to dispense with the attendance of the witnesses, hear the evidence in the presence with the accused. The accused shall have full liberty to cross-examine any witness against him, and to call any witness and
.—(1) In every case where a person subject to the Act, who is not on active service, is in military custody for a period longer than eight days without a court-martial for his trial having been ordered to assemble, or without a punishment having been awarded him under section 80, the commanding officer shall make a report in the form specified in Appendix III to the officer empowered to convene a general or a district court-martial for the trial of such person. Such report shall be made to the authority mentioned in this rule at intervals of every eight days until a court-martial is ordered to assemble, or a punishment is awarded under section 80, or such person is released from custody as the case may be.
(2) A copy of every such report made on or after the forty-eighth day of such custody shall be sent by the commanding officer direct to the Deputy Judge Advocate General of the c
(1) A charge-sheet shall contain the whole issue or issues to be tried by a court-martial at one time.
(2) A charge means an accusation contained in a charge-sheet that a person subject to the Act has been guilty of an offence.
(3) A charge-sheet may contain one charge or several charges.
Every charge-sheet shall begin with the name and description of the person charged and state his number, rank, name and the corps or department (if any) to which he belongs. When the accused person does not belong to the regular Army, the charge-sheet shall show by the description of him, or directly by an express averment, that he is subject to the Act in respect of the offence charged.
.—(1) Each charge shall state one offence only and in no case shall an offence be described in the alternative in the same charge.
(2) Each charge shall be divided into two parts—
(a) statement of the offence; and
(b) statement of the particulars of the act, neglect or omission constituting the offence.
(3) The offence shall be stated, if not a civil offence, as nearly as practicable in the words of the Act, and if a civil offence, in such words as sufficiently describe in technical words.
(4) The particulars shall state such circumstances respecting the alleged offence as will enable the accused to know what act, neglect or omission is intended to be proved against him as constituting the o
The charge-sheet shall be signed by the commanding officer of the accused and shall contain the place and date of such signature.
(1) A charge-sheet shall not be invalid merely by reason of the fact that it contains any mistake in the name or description of the person charged, provided that he does not object to the charge-sheet during the trial, and that no substantial injustice has been done to the person charged.
(2) In the construction of a charge-sheet or charge, there shall be presumed in favour of supporting the same every proposition which may reasonably be presumed to be impliedly included though not expressed therein.
(1) Correspondence between the accused and his legal advisers shall not be liable to be censored. The accused shall inform his commanding officer of the names of such advisers and shall also inform him of any distinctive marks that such correspondence will bear.
(2) An accused person shall have the right to interview any witnesses whom he may wish to call in his defence. The provisions of rule 137 shall apply to procuring the attendance of such witnesses.
(3) If the accused so desires, the commanding officer of the accused shall take such steps as the circumstances of the case permit to obtain a written statement from a witness whom the accused may wish to call in his defence. The statement shall be obtained in a closed envelope which shall be given to the accused person unopened.
(4) If the a
(1) The accused before he is arraigned shall be informed by an officer of every charge for which he is to be tried and also that, on his giving the names of witnesses or whom he desires to call in his defence, reasonable steps will be taken for procuring their attendance, and those steps shall be taken accordingly.
The interval between his being so informed and his arraignment shall not be less than ninety-six hours or where the accused person is on active service less than twenty-four hours.
(2) The officer at the time of so informing the accused shall give him a copy of the charge-sheet and shall if necessary, read and explain to him the charges brought against him. If the accused desires to have it in a language which he understands, a translation thereof shall also be given to him.
(3) The
(1) Any number of accused persons may be charged jointly and tried together for an offence averred to have been committed by them collectively.
(2) Any number of accused persons, although not charged jointly, may be tried together for an offence averred to have been committed by one or more of them and to have been abetted by the other or others.
(3) Where the accused are so charged under sub-rules (1) and (2), any one or more of them may at the same time be charged with and tried for any other offence averred to have been committed individually or collectively, provided that all the said offences are based on the same facts, or form or are part of a series of offences of the same or similar character.
(4) In the cases mentioned above, notice of the intention to try the accused persons togethe
Where it appears to the officer convening a court-martial, or to the senior officer on the spot, that military exigencies, or the necessities of discipline render it impossible or inexpedient to observe any of the rules 23, 24, 1[***], 33 and 34 and sub-rule (2) of rule 95, he may, by order under his hand, make a declaration to that effect specifying the nature of such exigencies or necessities, and thereupon the trial or other proceedings shall be as valid as if the rule mentioned in such declaration had not been contained herein; and such declaration may be made with respect to any or all of the rules aforesaid in the case of the same court-martial:
Provided that the accused shall have full opportunity of making his defence, and shall be afforded every facility for preparing it which is practicable, having due regard to the said exigencies or necessities.
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(1)An officer before convening a general or district court-martial shall first satisfy himself that the charges to be tried by the court are for offences within the meaning of the Act, and that the evidence justifies a trial on those charges, and if not so satisfied, shall order the release of the accused, or refer the case to superior authority.
(2) He shall also satisfy himself that the case is a proper one to be tried by the kind of court-martial which he proposes to convene.
(3) The officer convening a court-martial shall appoint or detail the officers to form the court and, may also appoint, or detail such waiting officers as he thinks expedient. He may also, where he considers the services of an interpreter to be necessary, appoint or detail an interpreter to the court.
(4) The officer c
.—(1) If, before the accused is arraigned, the full number of officers detailed are not available to serve, by reason of non-eligibility, disqualification, challenge or otherwise, and if there are not a sufficient number of officers in waiting to take the place of those unable to serve, the court shall ordinarily adjourn for purpose of fresh members being appointed, but if the court is of opinion that in the interests of justice, and for the good of the service, it is inexpedient so to adjourn, it may, if not reduced in number below the legal minimum, proceed, after recording their reasons for so doing.
(2) If the court adjourns for the purpose of the appointment of fresh members, whether under these rules or otherwise the convening officer may, if he thinks fit, convene another court.
(1) An officer is not eligible for serving on a court-martial if he is not subject to the Act.
(2) An officer is disqualified for serving on a general or district court-martial if he—
(a) is an officer who convened the court; or
(b) is the prosecutor or a witness for the prosecution; or
(c) investigated the charges before trial, or took down the summary of evidence, or was a member of a court of inquiry respecting the matters on which the charges against the accused are founded, or was the squadron, battery, company, or other commander, who made preliminary inquiry into the case, or was a member of a previous court-martial which tried the accused in respect of the same offence; or
(1) A general court-martial shall be composed, as far as seems to the convening officer practicable, of officers of different corps or departments, and in no case exclusive of officers of the corps or department to which the accused belongs.
(2) The members of a court-martial for the trial of an officer shall be of a rank not lower than that of the officer unless, in the opinion of the convening officer, officers of such rank are not (having due regard to the exigencies of the public service) available. Such opinion shall be recorded in the convening order.
(3) In no case shall an officer below the rank of captain be a member of court-martial for the trial of
(1) On the court-assembling, the order convening the court shall be laid before it together with the charge-sheet and the summary of evidence or a true copy thereof, and also the ranks, names and corps of the officers appointed to serve on the court; and the court shall satisfy itself that it is legally constituted; that is to say—
(a) that, so far as the court can ascertain, the court has been convened in accordance with the provisions of the Act and these rules;
(b) that the court consists of a number of officers, not less than the minimum required by law and, save as mentioned in rule 38, not less than the number detailed;
(c) that each of the officers so assembled is eligible and not disqualified for serving on that court-martial; and
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(1) If the court is satisfied that the requirements of rule 41 have been complied with, it shall further satisfy itself in respect of each charge about to be brought before it—
(a) that it appears to be laid against a person subject to the Act, and subject to the jurisdiction of the court, and
(b) that each charge discloses an offence under the Act and is framed in accordance with these rules, and is so explicit as to enable the accused readily to understand what he has to answer.
(2) The court, if not satisfied on the above matters, shall report its opinion to the convening authority and may adjourn for that purpose.
When the court has satisfied itself that the provisions of rules 41 and 42 have been complied with, it shall cause the accused to be brought before the court, and the prosecutor, who must be a person subject to the Act, shall take his due place in the court.
The order convening the court and the names of the presiding officer and the members of the court shall then be read over to the accused and he shall be asked, as required by section 130, whether he has any objection to being tried by any officer sitting on the court. Any such objection shall be disposed of in accordance with the provisions of the aforesaid section:
Provided that—
(a) the accused shall state the names of all the officers constituting the court in respect of whom he has objection, before any objection is disposed of,
(b) the accused may call any person to give evidence in support of his objection and such person may be questioned by the accused and by the court,
(c) if more than one officer is objected to, the ob
As soon as the court is constituted with the proper number of officers who are not objected to, or objections in respect of whom have been over-ruled, an oath or affirmation shall be administered to every member in forms or in such other form to the same purport as the court ascertains to be according to his religion or otherwise binding on his conscience.
Form of Oath
“ I,.......................,swear by Almighty God that I will well and truly try the accused (or accused persons) before the court according to the evidence, and that I will duly administer justice according to the Army Act without partiality, favour or affection and if any doubt shall arise, then, according to my conscience, the best of my understanding and the custom of war in the like cases; and I do further swear that I will not on any account at any time, whatsoever,
After the members of the court are all sworn or have made affirmation, an oath or affirmation shall be administered to the following persons or such of them as are present at the court-martial, in such of the following forms as shall be appropriate, or in such other form to the same purport as the court ascertains to be according to the religion or otherwise binding on the conscience of the person to be sworn or affirmed:—
(A) Judge Advocate
Form of Oath
“I,.........................,swear by Almighty God that I will to the best of my ability carry out the duties of Judge Advocate in accordance with the Army Act, and the rules made thereunder and without partiality, favour or affection, and I do further swear that I will not on any account, at any time whatsoever, disclose or discover the vote
All oaths and affirmations shall be administered by the Judge-Advocate (if any), a member of the court, or some other person empowered by the court to administer such oath or affirmation.
(1) After the members of the court and other persons are sworn or affirmed as abovementioned, the accused shall be arraigned on the charges against him.
(2) The charges upon which the accused is arraigned shall be read and, if necessary, translated to him, and he shall be required to plead separately to each charge.
The accused, when required to plead to any charge, may object to the charge on the ground that it does not disclose an offence under the Act, or is not in accordance with these rules. The court after hearing any submission which may be made by the prosecutor or by or on behalf of the accused, shall consider the objection in closed court and shall either disallow it and proceed with the trial, or allow it and adjourn to report to the convening authority or, if it is in doubt, it may adjourn to consult the convening authority.
(1) At any time during the trial, if it appears to the court that there is any mistake in the name or description of the accused in the charge-sheet, the court may amend the charge-sheet so as to correct that mistake.
(2) If, on the trial of any charge, it appears to the court at any time before it has begun to examine the witnesses, that in the interest of justice any addition to, omission from, or alteration in, the charge is required, it may report its opinion to the convening authority, and may, adjourn and the convening authority may either direct the new trial to be commenced, or amend the charge, and order the trial to proceed with such amended charge after due notice to the accused.
.—(1) The accused, before pleading to a charge, may offer a special plea to the general jurisdiction of the court, and if he does so, and the court considers that anything stated in such plea shows that the court has no jurisdiction it shall receive any evidence offered in support, together with any evidence offered by the prosecutor in disproof or qualification thereof, and, any address by or on behalf of the accused and reply by the prosecutor in reference thereto.
(2) If the court overrules the special plea, it shall proceed with the trial.
(3) If the court allows the special plea, it shall record its decision, and the reasons for it, and report it to the convening authority and adjourn; such decision, shall not require any confirmation, and the convening authority shall either forthwith convene another court for the trial of the accu
The Army Rules, 1954, provide a framework for the conduct and discipline of personnel in the Indian Army. Rule 51 specifically addresses the procedural aspect of offering a special plea regarding the jurisdiction of the court before an accused pleads to a charge.
Section R.51 allows an accused individual, prior to entering a plea to a charge, to present a special plea challenging the general jurisdiction of the court. This provision is crucial as it ensures that the accused can contest the authority of the court before proceeding with the trial.
The scope of Section R.51 is limited to jurisdictional challenges. It does not extend to other defenses or arguments related to the substance of the charges against the accused. This section is a procedural safeguard that upholds the integrity of the judicial process within military courts.
There are no direct punishments associated with Rule 51 itself, as it pertains to procedural rights rather than offenses. However, if the plea is found to be without merit, the trial will proceed, and the accused may face the consequences of the charges against them.
(1) If no special plea to general jurisdiction of the court is offered, or if such plea being offered, is overruled, or is dealt with by a special decision under sub-rule (4) of rule 51, the accused person’s plea “Guilty” or “Not Guilty” (or if he refuses to plead, or does not plead intelligibly either one or the other a plea of “Not Guilty”) shall be recorded on each charge.
(2) If an accused person pleads “Guilty”, that plea shall be recorded as the finding of the court; but before it is recorded, the presiding officer or judge-advocate, on behalf of the court, shall ascertain that the accused understands the nature of the charge to which he has pleaded guilty and shall inform him of the general effect of that plea, and in particular of the meaning of the charge to which he has pleaded guilty, and of the difference in procedure which will be made by the plea of guilty, and shall
(1) The accused, at the time of his general plea of “ Guilty” or “Not Guilty” to a charge for an offence, may offer a plea in bar of trial on the ground that—
(a) he has been previously convicted or acquitted of the offence by a competent criminal court or by a court-martial, or has been dealt with summarily under sections 80, 83, 84 and 85, as the case may be, for the offence, or that a charge in respect of the offence has been dismissed as provided in sub-rule (2) of rule 22; or
(b) the offence has been pardoned or condoned by competent military authority;
1[(c) the period of limitation for trial as laid down in section 122 has expired.]
(2) If he offers such plea in bar, the court shall record it as well as his general plea,
(1) Upon the record of the plea of "Guilty”, if there are other charges in the same charge-sheet to which the plea is “Not Guilty”, the trial shall first proceed with respect to the latter charges, and after the finding on those charges, shall proceed with the charges on which a plea of “Guilty” has been entered, but if they are alternative charges, the court may either proceed with respect to all the charges as if the accused had not pleaded “Guilty” to any charge or may subject to sub-rule (2), instead of trying him, record a finding of "Guilty" upon any one of the alternative charges to which he has pleaded “ Guilty” and a finding of “Not Guilty” upon all the other alternative charges.
(2) Where alternative charges are preferred and the accused pleads “Not Guilty” to the charge which alleges the more serious offence and “Guilty” to the other, the court shall try him as if he had
The accused may, if he thinks fit, at any time during the trial, withdraw his plea of “Not Guilty”, and plead “Guilty”, and in such case the court will at once, subject to a compliance with sub-rules (2) and (4) of rule 52, record a plea and finding of “Guilty”, and shall, so far as is necessary, proceed in manner directed by rule 54.
VAfter the plea of “ Not Guilty” to any charge is recorded, the trial shall proceed as follows, that is to say,—
(1) the court shall ask the accused whether he wishes to apply for an adjournment on the ground that any of the rules relating to procedure before trial have not been complied with, and that he has been prejudiced thereby or on the ground that he has not had sufficient opportunity for preparing his defence, and shall record his answer;
(2) if the accused shall make any such application, the court shall hear any statement of evidence which he may desire to adduce in support thereof, and any statement of the prosecutor or evidence in answer thereto; and if it shall appear to the court that the accused has been prejudiced by any non-compliance with any of such rules relating to procedure or that he has not had sufficient opportu
(1) At the close of the case for the prosecution, the accused may offer a plea that the evidence given on behalf of the prosecution, in respect of any one or more charges, has not established a prima facie case against him and that he should not, therefore, be called upon to make his defence to that charge or charges.
(2) Where the accused takes such a plea, the prosecutor may address the court in answer thereto and the accused may reply.
(3) The court shall consider the plea in closed court and shall not allow the plea unless satisfied that—
(a) the prosecution has not established a prima facie case on the charge or charges as laid; and
(b) it is not open to it on the evidence adduced to make a special finding either under section 139 or sub-rule (
(1) At the close of the case for prosecution, the accused may offer a plea that the evidence given on behalf of the prosecution, in respect of any one or more charges, has not established a prima facie case against him and that he should not, therefore, be called upon for his defence.
(2) Where the accused takes such a plea, the prosecutor may address the court in answer thereto and the accused may reply.
(3) The Court shall consider the plea in closed court and shall not allow the plea unless satisfied that
(a) the prosecution has not established a prima facie case on the charge or charges as laid; and
(b) it is not open to it on the evidence adduced to make a special finding either under section 139 or sub-rule (4) of rule 62.
&
After the examination of the witnesses, the prosecutor may make a closing address and the accused or his counsel or the defending officer, as the case may be, shall be entitled to reply:
Provided that where any point of law is raised by the accused, the prosecutor may, with the permission of the court, make his submission with regard to that point.].
[Deleted]
.—(1) The judge-advocate (if any) shall sum up in open court the evidence and advise the court upon the law relating to the case.
(2) After the summing up of the judge-advocate, no other address shall be allowed.
(1) The court shall deliberate on its finding in closed court in the presence of the judge-advocate.
(2) The opinion of each member of the court as to the finding shall be given by word of mouth on each charge separately.
1[(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 of "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 these 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].
(2) Where the court is of opinion as regards any charge that the facts proved do not disclose the offence charged or any offence of which he might under the Act legally be found guilty on the charge as laid, the court shall acquit the accused of that charge.
(3) If the court doubts as regards any charge whether the fact
If the finding on all the charges is “Not Guilty”, the presiding officer shall date and sign the finding and such signature shall authenticate the whole of the proceedings, and the proceedings upon being signed by the judge-advocate (if any) shall be at once transmitted for confirmation.
.—(1) If the finding on any charge is “Guilty” then, for the guidance of the court in determining its sentence, and of the confirming authority in considering the sentence, the court, before deliberating on its sentence, shall, whenever possible, take evidence of and record the general character, age, service, rank and any recognised acts of gallantry or distinguished conduct of the accused, any previous convictions of the accused either by a court-martial or a criminal court any previous punishments awarded to him by an officer exercising authority under section 80, 83, 84, or 85, as the case may be, the length of time he has been in arrest or in confinement on any previous sentence, and any military decoration, or military reward, of which he may be in possession or to which he is entitled.
(2) Evidence on the above matters may be given by a witness verifying a statement which co
The Court shall award a single sentence in respect of all the offences of which the accused is found guilty, and such sentence shall be deemed to be awarded in respect of the offence in each charge in respect of which it can be legally given and not to be awarded in respect of any offence in a charge in respect of which it cannot be legally given.
(1) If the court makes a recommendation to mercy, it shall give its reasons for its recommendation.
(2) The number of opinions by which the recommendation to mercy mentioned in this rule, or any question relative thereto, is adopted or rejected, may be entered in the proceedings.
(1) The sentence together with any recommendation to mercy and the reasons for any such recommendation will be announced forthwith in open court. The sentence will be announced as subject to confirmation.
(2) Upon the court awarding the sentence, the presiding officer shall date and sign the sentence and such signature shall authenticate the whole of the proceedings and the proceedings upon being signed by the Judge-Advocate (if any), shall at once be transmitted
(1) Where the finding is sent back for revision under section 160 the court shall reassemble in open court the revision order shall be read, and if the court is directed to take fresh evidence, such evidence shall also be taken in open court.
(2) Except where the court is directed to take fresh-evidence, no fresh evidence shall be adduced.
(3) The court may, on a request from the prosecutor, in the interest of justice, allow a witness to be called or re-called for the purpose of rebutting any material statement made by a witness for the defence during revision.
(4) After the revision order has been read in open court whether the revision is of finding or sentence and the evidence, if any, in accordance with sub-rules (1),(2) and (3) has been taken, the prosecutor and the accused shall be given
The proceedings of a general court-martial shall be submitted by the judge-advocate at the trial for review to the deputy or assistant judge-advocate general of the command who shall then forward it to the confirming officer. The proceedings of a district court-martial shall be sent by the presiding officer or the judge-advocate direct to the confirming officer who must, in all cases, where the sentence is dismissal or above, seek advice of the deputy or assistant judge-advocate general of the command before confirmation.
Upon receiving the proceedings of a general or district court-martial, the confirming authority may confirm or refuse confirmation, or, reserve confirmation for superior authority, and the confirmation, non-confirmation, or reservation shall be entered in and form part of the proceedings.
The charge, finding, and sentence, and any recommendation to mercy shall, together with the confirmation or non-confirmation of the proceedings, be promulgated in such manner as the confirming authority may direct; and if no direction is given, according to the custom of the service. Until promulgation has been effected, confirmation is not complete and the finding and sentence shall not be held to have been confirmed until they have been promulgated.
.—(1) Where a sentence has been awarded by a court-martial in respect of offences in several charges, and the confirming authority confirms the finding on some but not on all of such charges, that authority shall take into consideration the fact of such non-confirmation, and shall if it seems just, mitigate, remit, or commute the punishment awarded according as it seems just, having regard to the offences in the charges in respect of the findings which are confirmed.
(2) Where a sentence has been awarded by a court-martial in respect of offences in several charges and has been confirmed, and any one or such charges the finding thereon is found to be invalid, the authority having power to mitigate, remit, or commute the punishment awarded by the sentence shall take into consideration the fact of such invalidity, and if it seems just, mitigate, remit or commute the punishment awarded
If the sentence of a court-martial is informally expressed, the confirming authority may, in confirming the sentence, vary the form so that it shall be properly expressed; and if the punishment awarded by the sentence in excess of the punishment authorised by law, the confirming authority may vary the sentence so that the sentence shall not be in excess of the punishment authorised by law; and the confirming authority may confirm the finding and the sentence, as so varied, of the court-martial.
A member of a court-martial, or an officer who has acted as a prosecutor at a court-martial, shall not confirm the finding or sentence of that court-martial, and where such member or prosecutor becomes confirming officer, he shall refer the finding or sentence of the court-martial to a superior authority competent to confirm the findings and sentences of the like description of court-martial.
The members of a court-martial shall take their seats according to their army rank.
(1) The presiding officer is responsible for the trial being conducted in proper order, and in accordance with the Act, rules made thereunder and in a manner befitting a court of justice.
(2) It is the duty of the presiding officer to see that justice is administered, that the accused has a fair trial, and that he does not suffer any disadvantage in consequence of his position as a person under trial, or of his ignorance, or of his incapacity to examine or cross-examine witnesses, or otherwise.
.—(1) It is the duty of the prosecutor to assist the court in the administration of justice, to behave impartially, to bring the whole of the transaction before the court, and not to take any unfair advantage of, or suppress any evidence in favour of, the accused.
(2) The prosecutor may not refer to any matter, not relevant to the charge or charges then before the court, and it is the duty of the court to stop him from so doing and also restrain any undue violence of language or want of fairness or moderation on the part of the prosecutor.
(3) The court shall allow great latitude to the accused in making his defence; he must abstain from any remarks contemptuous or disrespectful towards the court, and from coarse and insulting language towards others, but he may for the purposes of his defence impeach the evidence and the motives of the
Where two or more accused persons are tried together and any evidence as to the facts of the case is tendered by any one or more of them, the evidence and addresses on the part of or on behalf of all the accused persons shall be taken before the prosecutor replies, and the prosecutor shall make one address only in reply as regards all the accused persons.
(1) The convening officer may direct any charges against an accused person to be inserted in different charge-sheets, and when he so directs, the accused shall be arraigned and until after the finding tried, upon each charge-sheet separately, and the procedure in rules 48 to 62, both inclusive, shall, until after finding, be followed in respect of each of charge-sheet, as if it contained the whole of the charges against the accused.
(2) The trials upon the several charge-sheets shall be in such order as the convening officer directs.
(3) When the court have tried the accused upon all the charge-sheets they shall, in the case of the finding being “Not Guilty” on all the charges, proceed, as directed by rule 63, and in case of the finding on any one or more of the charges being “Guilty” proceed as directed by rules 54 and 64 to 67, both in
(1) A court-martial shall, where it is so directed by these rules, and may in any other case on any deliberation amongst the members, sit in closed court.
(2) No person shall be present in closed court except the members of the court, the judge-advocate (if any) and any officers under instruction.
(3) For the purpose of giving effect to the foregoing provisions of this rule, the court-martial may either retire or cause the place where they sit to be cleared of all other persons not entitled to be present.
(4) Except as hereinbefore mentioned all proceedings, including the view of any place, shall be in open court and in the presence of the accused subject to sub-rule (5).
(5) The court shall have the power to exclude from the court any witness who h
Subject to rule 80, the place in which a court-martial is held for the purpose of trying an offence under the Act shall be deemed to be an open court to which the public generally may have access, so far as the same can conveniently contain them:
Provided that if the court is satisfied that it is necessary or expedient in the public interest or for the ends of justice so to do, the court may at any stage of the trial of any particular case order that the public generally or any portion thereof or any particular person shall not have access to, or be or remain in, the place in which the court held.]
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1. Ins. by S.R.O. 55, dated 22nd February, 1985.
(1) A court-martial may sit at such times and for such period between the hours of six in the morning and six in the afternoon as may be directed by the proper superior military authority, and so far as no such direction extends, as the court from time to time determines but no court shall sit for more than six hours in any one day.
(2) If the court consider it necessary to continue the trial after six in the afternoon or to sit for more than six hours in any one day, it may do so but if it does so, should record in the proceedings the reason for so doing.
(3) In cases requiring an immediate example or when the convening officer certifies under his hand that it is expedient for the public service, trials may be held at any hour.
(4) If the court or the convening officer or other superior milit
(1) When a court is once assembled and the accused has been arraigned, the court shall continue the trial from day to day, in accordance with rule 81, unless it appears to the court that an adjournment is necessary for the ends of justice or that such continuance is impracticable.
(2) A court may adjourn from time to time and from place to place and may, when necessary, view any place.
(3) The senior officer on the spot may also, for military exigencies, adjourn or prolong the adjournment of the court.
(4) A court-martial, in the absence of a judge-advocate (if such has been appointed for that court-martial) shall not proceed, and shall adjourn.
(5) If the time to which an adjournment is made is not specified, the adjournment shall be until further
(1) Where, in consequence of anything arising while the court is sitting, the court is unable by reason of dissolution as specified in section 117, or otherwise, to continue the trial, the presiding officer or, in his absence, the senior member, present, will immediately report the facts to the convening authority.
(2) Where a court-martial is dissolved before the finding, or, in case of a finding of guilty, before award of the sentence, the entire proceedings before the court-martial shall be null and the accused may be tried before another court-martial.
In case of the death of the accused, or of such illness of the accused as renders it impossible to continue the trial, the court shall ascertain the facts of the death or illness by evidence, and record the same and adjourn, and transmit the proceedings to the convening authority.
In the case of the death, retirement on challenge or unavoidable absence of the presiding officer, the next senior shall take the place of the presiding officer and the trial shall proceed if the court is still composed of not less than the minimum number of officers of which it is required by law to consist.
(1) A member of a court who has been absent while any part of the evidence on the trial of an accused person is taken, shall take no further part in the trial by that court of that person, but the court will not be affected unless it is reduced below the legal minimum.
(2) An officer shall not be added to a court-martial after the accused has been arraigned.
.—(1) Every member of a court must give his opinion by word of mouth on every question which the court has to decide, and must give his opinion as to the sentence, notwithstanding that he has given his opinion in favour of acquittal.
(2) The opinion of the members of the court shall be taken in succession, beginning with the member lowest in rank.
If any objection is raised on any matter of law, evidence, or procedure by the prosecutor or by or on behalf of the accused during the trial, the prosecutor or the accused or counsel or the defending officer (as the case may be) shall have a right to answer the same and the person raising the objection shall have a right of reply.
(1) A court may be sworn or affirmed at one time to try any number of accused persons then present before it, whether those persons are to be tried collectively or separately, and each accused person shall have power to object to the members of the court, and shall be asked separately whether he objects to any members.
(2) In the case of several accused persons to be tried separately, the court, upon one of those persons objecting to a member, may, according as it thinks fit, proceed to determine that objection or postpone the case of that person and swear or affirm the members of the court for the trial of the others alone.
(3) In the case of several accused persons to be tried separately, the court when sworn or affirmed, shall proceed with one case postponing the other cases, and taking them afterwards in succession.
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.—(1) At any time during the trial an impartial person may, if the court thinks it necessary and shall, if either the prosecutor or the accused requests it on any reasonable ground, be sworn or affirm to act as interpreter.
(2) An impartial person may at any time of the trial, if the court thinks it desirable, be sworn or affirm to act as a shorthand writer.
(3) Before a person is sworn or affirmed as an interpreter or shorthand writer the accused shall be informed of the person who is proposed to be sworn or affirmed, and may object to the person as not being impartial or for any reasonable course; and the court, if it thinks that the objection is reasonable, shall not swear or affirm that person as interpreter or shorthand writer.
When any evidence is given in a language which any of the officers composing the court, the judge-advocate, the prosecutor or the accused, or his defending officer or counsel does not understand, that evidence shall be interpreted to such officer or person in a language which he does understand. If an interpreter in such language has been appointed by the convening officer, and duly sworn or affirmed, the evidence shall be interpreted by him. If no such interpreter has been appointed and sworn or affirmed, an impartial person shall be sworn or affirmed by the court as required by rule 90. When documents are put in for purpose of formal proof, it shall be in the discretion of the court to cause as much to be interpreted as appears necessary.
(1) At a court-martial the judge-advocate, or, if there is none, the presiding officer shall record, or cause to be recorded in the Hindi or English language, all transactions of that Court, and shall be responsible for the accuracy of the record (in these rules referred to as the proceedings); and if the judge-advocate is called as a witness by the accused, the presiding officer shall be responsible for the accuracy of the record in the proceedings of the evidence of the judge-advocate.
(2) The evidence shall be taken down in a narrative form in as nearly as possible the words used, but in any case when the prosecutor, the accused person, the judge-advocate, or the Court considers it material, the question and answer shall be taken down verbatim.
(3) Where an objection has been taken to any question or to the administration of any evide
The proceedings shall be deemed to be in the custody of the judge-advocate (if any), or, if there is none, of the presiding officer but may, with proper precaution for their safety, be inspected by the members of the court, the prosecutor and accused, respectively, at all reasonable time before the court is closed to consider the finding.
The proceedings shall be at once sent by the person having the custody thereof to such person as may be directed by the order convening the court, or, in default of any such direction, to the confirming officer.
(1) At any general or district court-martial, 1[an accused person] may be represented by any officer subject to the Act who shall be called "the defending officer" or assisted by any person whose services he may be able to procure and who shall be called "the friend of the accused”.
(2) It shall be the duty of the convening officer to ascertain whether an accused person 2[***] desires to have a defending officer assigned to represent him at his trial and, if he does so desire, the convening officer shall use his best endeavours to ensure that the accused shall be so represented by a suitable officer. If owing to military exigencies, or for any other reason, there shall in the opinion of the convening officer, be no such officer available for the purpose, the convening officer shall give a written notice to the presiding officer of the court-martial, and such notice shall be attache
In every general and district courts-martial, counsel shall be allowed to appear on behalf of the prosecutor as well as the accused:
Provided the convening officer may declare that it is not expedient to allow the appearance of counsel thereat and such declaration may be made as regards all general and district courts-martial held in any particular place or as regards any particular general or district court-martial, and may be made subject to such reservation as to cases on active service, or otherwise, as deemed expedient.]
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1. Subs. by S.R.O. 17(E), dated 6th December, 1993.
.—(1) An accused person intending to be represented by a counsel shall give to his commanding officer or to the convening officer the earliest practicable notice of such intention and, if no sufficient notice has been given, the court may, if it thinks fit, on the application of the prosecutor, adjourn to enable him to obtain, a counsel on behalf of the prosecutor at the trial.
(2) If the convening officer so directs, counsel may appear on behalf of the prosecutor, but in that case, unless the notice referred to in sub-rule (1) has been given by the accused, notice of the direction for counsel to appear shall be given to the accused at such time (not in any case less than seven days) before the trial, as would, in the opinion of the court, have enabled the accused to obtain counsel to assist him at the trial.
(3) The counsel, who appears
The counsel appearing on behalf of the prosecutor shall have the same duty as the prosecutor, and is subject to be stopped or restrained by the court in the manner provided in sub-rule (2) of rule 77.
The counsel appearing on behalf of the accused has the like rights, and is under the like obligations as are specified to sub-rule (3) of rule 77 in the case of the accused.
Counsel, whether appearing on behalf of the prosecutor or of the accused, shall conform strictly to these rules and to the rules of criminal courts in India relating to the examination, cross-examination, and re-examination of witnesses, and relating to the duties of a counsel.
(1) Neither the prosecutor nor the accused has any right to object to any counsel if properly qualified.
(2) Counsel shall be deemed properly qualified if he is a legal practitioner authorised to practise with right of audience in a Court of Sessions in India, or if, he is recognised by the convening officer in any other country where the trial is held as having in that part, rights and duties similar to those of such legal practitioner in India and as being subject to punishment or disability for a breach of professional rules.
An officer who is disqualified for sitting on a court-martial, shall be disqualified for acting as a judge-advocate at that court-martial.
A court-martial shall not be invalid merely by reasons of any invalidity in the appointment of the judge-advocate officiating thereat, in whatever manner appointed, if a fit person has been appointed and the subsequent approval of the Judge-Advocate- General or Deputy Judge-Advocate General obtained, but this rule shall not relieve from responsibility the person who made the invalid appointment.
If the judge-advocate dies, or from illness or from any cause whatever is unable to attend, the court shall adjourn, and the presiding officer shall report the circumstances to the convening authority; and a fit person not disqualified to be judge-advocate may be appointed by that authority, who shall be sworn, or affirmed, and act as judge-advocate for the residue of the trial, or until the judge-advocate returns.
The powers and duties of a judge-advocate are as follows:—
(1) The prosecutor and the accused, respectively, are, at all times after the judge-advocate is named to act on the court, entitled to his opinion on any question of law relative to the charge or trial, whether he is in or out of court, subject, when he is in court, to the permission of the court.
(2) At a court-martial, he represents the Judge-Advocate-General.
(3) He is responsible for informing the court of any informality or irregularity in the proceedings. Whether consulted or not, he shall inform the convening officer and the court of any informality of defect in the charge, or in the constitution of the court, and shall give his advice on any matter before the court.
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(1) The officer holding the trial hereinafter called the court, shall record, or cause to be recorded 1[in the Hindi or English language], the transactions of every summary court-martial.
(2) The evidence shall be taken down in a narrative form in as nearly as possible the words used; but in any case where the court considers it material, the question and answer shall be taken down verbatim.
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1. Subs. by S.R.O. 17(E), dated 6th December, 1993.
When any evidence is given in a language which the court or the accused does not understand, that evidence shall be interpreted to the court or officers or junior commissioned officers attending the proceedings in accordance with sub-section (2) of section 116 or the accused as the case may be in a language which it or he does understand. The court shall, for this purpose, either appoint an interpreter, or shall itself take the oath or affirmation prescribed for an interpreter at a summary court-martial. When documents are put in for the purpose of formal proof, it shall be in discretion of the court to cause as much to be interpreted as appears necessary.
When the court, the interpreter (if any), and the officers or junior commissioned officers attending the trial are assembled, the accused shall be brought before the court, and the oaths or affirmation prescribed in rule 109 taken by the persons therein mentioned.
(1) The court shall make oath or affirmation in one of the following forms or in such other form to the same purport as may be according to its religion or otherwise binding on its conscience.
Form of Oath
“I,............................,swear by Almighty God that I will well and truly try the accused (or accused persons) before the court according to the evidence, and that I will duly administer justice according to the Army Act without partiality, favour or affection; and if any doubt shall arise, then according to my conscience, the best of my understanding and custom of war in the like cases.”
Form of Affirmation
“I,..............................,do solemnly, sincerely and truly declare and affirm that I will well and truly try the accused (or a
(1) A summary court-martial may be sworn or affirmed at one time to try any number of accused persons then present before it whether those persons are to be tried collectively or separately.
(2) In the case of several accused persons to be tried separately, the court, when sworn or affirmed, shall proceed with one case postponing the other cases and taking them afterwards in succession.
(3) Where several accused persons are tried separately upon charges arising out of the same transaction, the court may, if it considers it to be desirable in the interests of justice, postpone consideration of any sentence to be awarded to any one or more such accused persons until the trials of all such accused persons have been completed.
.—(1) After the course and interpreter (if any) are sworn or affirmed as above mentioned, the accused shall be arraigned on the charges against him.
(2) The charges on which the accused is arraigned shall be read and, if necessary, translated to him, and he shall be required to plead separately to each charge.
The accused when required to plead to any charge, may object of the charge on the ground that it does not disclose an offence under the Act, or is not in accordance with these rules.
.—(1) At any time during the trial if it appears to the court that there is any mistake in the name or description of the accused in the charge-sheet, it may amend the charge-sheet so as to correct that mistake.
(2) If on the trial of any charge it appears to the court at any time before it has begun to examine the witnesses, that in the interests of justice any addition to, omission from, or alteration in, the charge is required, it may amend such charge and may, after due notice to the accused, and with the sanction of the officer empowered to convene a district court-martial or on active service a summary general court-martial for the trial of the accused if the amended charge requires such sanction, proceed with the trial on such amended charge.
If a special plea to the general jurisdiction of the court, or a plea in bar of trial, is offered by the accused, the procedure laid down for general and district courts-martial when disposing of such pleas shall, so far as may be applicable, be followed, but no finding by a summary court-martial on either of such pleas shall require confirmation.
(1) The accused person’s plea—“Guilty” or “Not Guilty” (or if he refuses to plead, or does not plead intelligible either one or the other, a plea of “Not Guilty”)—shall be recorded on each charge.
(2) If an accused person pleads “Guilty”, that plea shall be recorded as the finding of the court; but before it is recorded, the court shall ascertain that the accused understands the nature of the charge to which he has pleaded guilty and shall inform him of the general effect of that plea, and in particular of the meaning of the charge to which he has pleaded guilty and of the difference in procedure which will be made by the plea of guilty, and shall advise him to withdraw that plea if it appears from the summary of evidence (if any) or otherwise that the accused ought to plead not guilty.
1[(2A) Where an accused pleads "Guilty", such plea
(1) Upon the record of the plea of “Guilty”,. if there are other charges in the same charge-sheet to which the plea is “Not Guilty”, the trial shall first proceed with respect to the latter charges, and, after the finding of these charges, shall proceed with the charges on which a plea of “Guilty” has been entered; but if they are alternative charges, the court may either proceed with respect to all the charges as if the accused had not pleaded “Guilty” to any charge, or may, instead of trying him, record a finding upon any one of the alternative charges to which he has pleaded “Guilty” and a finding of “Not Guilty” upon all the other alternative charges.
(2) After the record of the plea of “Guilty” on a charge (if the trial does not proceed on any other charges), the court shall read the summary of evidence, and annex it to the proceedings or if there is no such summary, shall tak
The accused may, if he thinks fit, at any time during the trial withdraw his plea of "Not Guilty” and plead “Guilty”, and in such case the court shall at once, subject to a compliance with sub-rule (2) of rule 115, record a plea and finding of “Guilty”, and shall, so far as may be, proceed in the manner provided in rule 116.
After the plea of “Not Guilty” to any charge is recorded, the evidence for the prosecution shall be taken. At the close of the evidence for the prosecution, the accused shall be asked if he has anything to say in his defence, and may address the court in his defence, or may defer such address until he has called his witnesses. The court may question the accused on the case for the purpsoe of enabling him to explain any circumstances appearing in his statement or in the evidence against him. The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving answers to them which he knows not to be true; but 1[***]. No oath shall be administered to the accused.
The accused may then call his witnesses, including also witnesses to character.
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The court may, if it thinks it necessary in the interest of justice, call witnesses, in reply to the defence.
After all the evidence, both for prosecution and defence, has been heard, the court shall give its opinion as to whether the accused is guilty or not guilty of the charges.
(1) The finding on every charge upon which the accused is arrainged shall be recorded, and except as mentioned in these rules, such finding shall be recorded simply as a finding of “Guilty”, or of “Not Guilty”.
(2) When the court is of opinion as regards any charge that the facts proved do not disclose the offence charged or any offence of which he might under the Act legally be found guilty on the charge as laid, the court shall acquit the accused of that charge.
(3) When the court is of opinion as regards any charge that the facts found to be proved in evidence differ materially from the facts alleged in the statement of particulars in the charge, but are nevertheless sufficient to prove the offence stated in the charge, and that the difference is not so material as to have prejudiced the accused in his defence, it may, instead of a fi
If the finding on each of the charges in a charge-sheet is “Not Guilty”, the court shall date and sign the proceedings, the findings shall be announced in open court, and the accused will be released in respect of those charges.
(1) If the finding on any charge is “Guilty”, the court may record of its own knowledge, or take evidence of and record, the general character, age, service, rank, and any recognised acts of gallantry or distinguished conduct of the accused, and previous convictions of the accused either by a court-martial, or a criminal court, any previous punishments awarded to him by an officer exercising authority under section 80; the length of time he has been in arrest or in confinement on any previous sentence, and any military decoration, or military reward, of which he may be in possession or to which he is entitled.
(2) If the court does not record the matters mentioned in this rule of its own knowledge, evidence on these matters may be taken in the manner provided in rule 64 for similar evidence at general and district court-martial.
The court shall award one sentence in respect of all the offences of which the accused is found guilty.
The court shall date and sign the sentence and such signature shall authenticate the whole of the proceedings.
When the charges at a trial by summary court-martial are contained in different charge-sheets, the procedure laid down for general and district court-martial when trying charges contained in different charge-sheets shall, so far as may be applicable, be followed.
(1) The officer holding the trial may clear the court to consider the evidence or to consult with the officers or junior commissioned officers, attending the trial.
(2) Except as above-mentioned, all the proceedings, including the view of any place, shall be in open court, and in the presence of the accused.
summary court-martial may adjourn from time to time and from place to place, and may, when necessary, view any place.
In any summary court-martial, an accused person may have a person to assist him during the trial, whether a legal advisor or any other person. A person so assisting him may advise him on all points and suggest the questions to be put to witnesses, but shall not examine or cross-examine witnesses or address the court.
.
An explanatory memorandum is to be attached to the proceedings when a summary court-martial tries, without reference, an offence which should not ordinarily be so tried.
The sentence of a summary court-martial shall (except as provided in rule 132) be promulgated in manner usual in the service, at the earliest opportunity after it has been pronounced and shall be carried out without delay after promulgation.
When the officer holding the trial has less than five years’ service, the sentence of a summary court-martial shall not (except on active service) be carried out until approved by superior authority as provided in sub-section (2) of section 161.
The proceedings of a summary court-martial shall, immediately on promulgation, be forwarded (through the Deputy Judge-Advocate General of the command in which the trial is held) to the officer authorised to deal with them in pursuance of section 162. After review by him, they will be returned to the accused person’s corps for preservation in accordance with sub-rule (2) of rule 146.
The prosecutor or, in the cases of a trial by summary court-martial, the court is not bound to call all the witnesses for the prosecution whose evidence is in the summary 1[***] of evidence of whom the accused has been informed he or it intends to call, but he or it should ordinarily call such of them as the accused desires, in order that he may cross-examine them, and shall, for this reason, so far as practicable, secure the attendance of all such witnesses.
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1. Omitted by S.R.O. 17E, dated 6th December, 1993.
If the prosecutor, or, in the case of a summary court-martial, the court intends to call a witness whose evidence is not contained in any summary1[***] of evidence given to the accused, notice of the intention shall be given to the accused a reasonable time before the witness is called together with an abstract of his proposed evidence; and if such witness is called without such notice 1[***] having been given the court shall, if the accused so desires it, either adjourn after taking the evidence of the witness, or allow the cross-examination of such witness to be postponed and the court shall inform the accused of his right to demand such adjournment or postponement.
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1. Omitted by S.R.O. 17E, dated 6th December, 1993.
The accused shall not be required to give to the prosecutor or court a list of the witnesses whom he intends to call, but it shall rest with the accused alone to secure the attendance of any witness whose evidence is not contained in the summary 1[***] and for whose attendance the accused has not requested steps to be taken as provided by sub-rule (1) of rule 3.
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1. Omitted by S.R.O. 17E, dated 6th December, 1993.
(1) In the case of trial by general or district court-martial, the commanding officer of the accused, the convening officer or, after the assembly of the court, the presiding officer, shall take proper steps to procure the attendance of the witnesses whom the prosecutor or accused desires to call, and whose attendance can reasonably be procured, but the person requiring the attendance of a witness may be required to undertake to defray the cost (if any) of their attendance.
(2) The court shall, in the case of trials by summary court-martial, take proper steps to procure the attendance of the witnesses whom the accused desires to call and whose attendance can reasonably be procured, but the accused may be required to undertake to defray the cost (if any) of their attendance.
If such proper steps as mentioned in the preceding rule have not been taken as to any witness, or if any witness whose attendance could not be reasonably procured before the assembly of the court is essential to the prosecution or defence, the court shall—
(a) take steps to procure the issue of a commission for the examination of such witness; or
(b) if it is a general or district court-martial, adjourn and report the circumstances to the convening officer; or
(c) if it is a summary court-martial, adjourn to enable the witness to attend, or adopt such other course as appears to the officer holding the trial best calculated to do justice.
During the trial a witness, other than the prosecutor, shall not, except by special leave of the court, be permitted to be present in court while not under examination and if, while he is under examination, a discussion arises as to the allowance of a question, or the sufficiency of his answers, or otherwise as to his evidence, he may be directed to withdraw.
An oath or affirmation shall, if so required by the Act, be administered to every witness before he gives his evidence by the judge-advocate (if any), a member of the court, or some other person empowered by the court in one of the following forms or in such other form to the same purport as the court ascertains to be according to the religion or otherwise binding on the conscience of the witness.
Form of Oath
“I,...............................,swear by almighty God that what I shall state shall be the truth, the whole truth and nothing but the truth.
Forms of Affirmation
“I................................,do solemnly, sincerely and truly declare and affirm that what I shall state shall be the truth, the wholetruth, and nothing but the truth.”
(1) Every question shall be put to a witness orally by the officer holding the trial, by the prosecutor, by or on behalf of the accused, or by the judge-advocate and the witness will forthwith reply, unless an objection is made by the court, judge-advocate, prosecutor, or accused, in which case he shall not reply until the objection is disposed of. The witness shall address his reply to the court.
(2) The evidence of a witness as taken down shall be read to him if he so requests before he leaves the court, and shall, if necessary, be corrected. If he makes any explanation or correction, the prosecutor and accused or counsel or the defending officer may respectively examine him respecting the same.
(3) If the witness denies the correctness of any part of the evidence when the same is read over to him, the court may instead of correcting t
(1) The presiding officer, the judge-advocate (if any), or the officer holding the trial and, with the permission of the court, any member of the court may address a question to a witness while such witness is giving his original evidence and before he withdraws.
(2) Upon any such question being answered, the presiding officer, the judge-advocate (if any), or the officer holding the trial, shall also put to the witness any question relative to that answer which the prosecutor or the accused or counsel or the defending officer may request him to put and which the court deem reasonable.
(1) At the request of the prosecutor or of the accused, a witness may, by leave of the court, be recalled at any time before the closing address of or on behalf of the accused (or at a summary court-martial at any time before the finding of the court) for the purpose of having any question put to him through the presiding officer, the judge-advocate (if any), or the officer holding the trial.
(2) The court may, if it considers it expedient, in the interests of justice, so to do, allow a witness to be called or recalled by the prosecutor, before the closing address of or on behalf of the accused for the purpose of rebutting any material statement made by a witness for the defence or for the purpose of giving evidence on any new matter which the prosecutor could not reasonably have foreseen.
(3) Where the accused has called witnesses to ch
All addresses by the prosecutor and the accused and the summing up of the judge-advocate may, either be given orally or in writing, and if in writing, shall be read in open court.
Where the court finds either that the accused by reason of unsoundness of mind, is incapable of making his defence; or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or that it was wrong or contrary to law. The court shall give brief reasons in support thereof. The judge-advocate, if any, or the presiding officer or in the case of summary court-martial, the officer holding the trial, shall record or cause to be recorded such brief reasons in the proceedings.
(2) The presiding officer or in the case of summary court-martial, the officer holding the trial, shall date and sign the above record, and the proceedings, upon being signed by the judge-advocate, if any, shall at once be transmitted to the confirming officer or to the authority empowered to deal with the finding under section 162, as the case may be.]
&
.—(1) The proceedings of a court-martial (other than a summary court-martial) shall, after promulgation, be forwarded as circumstances require, to the office of the Judge-Advocate General, and there preserved for not less, in the case of a general court-martial, than seven years, and in the case of any other court-martial, than three years.
(2) The proceedings of a summary court-martial shall be preserved for not less than three years, with the records of the corps or department to which the accused belonged.
[Every person tried by a court-martial (other than summary court-martial) shall, after the proceedings have been signed by the presiding officer and in the case of summary court-martial the officer holding the trial, and before they are destroyed, on a request made by such person in writing to the court or the officer holding the trial or the person having the custody of his proceedings, be entitled for the supply of a copy of such proceedings, within a reasonable time and free of cost, including the proceedings upon revision, if any.]
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1. Subs. by S.R.O. 169, dated 15th May, 1987.
Notwithstanding anything contained in rule 147, if the Central Government certifies that it is against the interests of the security of the State or friendly relations with foreign States to supply a copy of the proceedings or any part thereof under the said rule, he shall not be furnished with such copy:
Provided that if the Central Government is satisfied that the person demanding the copy is desirous of submitting a petition in accordance with the Act or instituting any action in a court of law in relation to the finding or sentence, it shall permit inspection of the proceedings to such person or his legal adviser, if any, on the following conditions, namely:—
(a) the inspection shall be made at such times and such places as the Central Government or any authority authorised by it, may direct; and
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(1) If, before confirmation, the original proceedings of a court-martial which require confirmation or any part thereof, are lost, a copy thereof, if any, certified by the presiding officer of or the judge-advocate at the court-martial may, be accepted in lieu of the original.
(2) If there is no such copy, and sufficient evidence of the charge, finding, sentence, and transactions of the court can be procured, that evidence may, with the assent of the accused, be accepted in lieu of the original proceedings, or part thereof, which have lost.
(3) In any case above in this rule mentioned, the finding and sentence may be confirmed and shall be as valid as if the original proceedings, or part thereof, had not been lost.
(4) If the accused refuses the assent referred to in sub-rule (2), he may be tr
Whenever, it appears that a court-martial had jurisdiction to try any person and make a finding and that there is legal evidence or a plea of guilty to justify such finding and any sentence which the court-martial had jurisdiction to pass thereon may be confirmed, and shall, if so confirmed and in the case of a summary court-martial where confirmation is not necessary, be valid, notwithstanding any deviation from these rules or notwithstanding that the charge-sheet has not been signed by the commanding officer or the convening officer, provided that the charges have, in fact, before trial been approved by the commanding officer and the convening officer or notwithstanding any defect or objection, technical or other, unless it appears that any injustice has been done to the offender, and where any finding and sentence are otherwise valid, they shall not be invalid by reason only of a failure to administer an oath or affirmatio
When any court-martial is of opinion that there is ground for inquiring into any offence specified in sections 59 and 60 and committed before it or brought under its notice in the course of its proceedings, or into any act done before it or brought under its notice in the course of its proceedings, which would, if done by a person subject to the Act, have constituted such an offence, such court-martial may proceed as follows, that is to say—
(1) If the person who appears to have committed the offence is subject to the Act, the court may bring his conduct to the notice of the proper military authority, and may also order him to be placed in military custody with a view to his punishment by an officer exercising authority under section 80, 83, 84 or 85 or to his trial by a court-martial.
(2) If the person who appears to have done the act i
(1) The Court may be convened and the proceedings of the Court recorded in accordance with the form in Appendix III, with such variations as the circumstance of each case may require.
(2) The officer convening the Court shall appoint or detail the officers to form the Court, and may also appoint or detail such officers as waiting members as he thinks expedient. Such officers should have held commission, for not less than one year, but, if any officers are available who have held commissions for not less than three years, they should be selected in preference as officers of less service.
(3) The provost-marshal, an assistant provost-marshal, or an officer who is a prosecutor or witness for the prosecution shall not be appointed a member of the Court, but subject to sub-rule (2), any otheravailable officer may be appointed to sit.
The statement of an offence may be made briefly in any language sufficient to describe or disclose an offence under the Act.
The court may be sworn at the same time to try any number of accused persons then present before it, but except as provided in rule 35, the trial of each accused person shall be separate.
(1) The names of the presiding officer and members of the court shall be read over to the accused who shall thereupon be asked if he objects to be tried by any of these officers.
(2) Any objection shall be decided as provided for in section 130 and rule 44—the vacancies being filled from among the waiting members (if any), or by fresh members being appointed by the convening officer.
The provisions of rules 45, 46 and 47 relating to administering and taking of oaths and making of affirmations shall apply to every summary general court-martial.
When the court is sworn or affirmed, the judge-advocate (if any) or the presiding officer shall state to the accused then to be tried, the offence with which he is charged with, if necessary, an explanation giving him full information of the act or omission with which he is charged and shall ask the accused whether he is guilty or not guilty of the offence.
If a special plea to the general jurisdiction is offered by the accused, and is considered by the court to be proved, the court shall report the same to the convening officer.
(1) The witnesses for the prosecution will be called and the accused shall be allowed to cross-examine them and to call any available witnesses for his defence.
(2) An oath or affirmation as laid down in rule 140 shall be administered to every witness, if so required by the Act, before he gives his evidence, by one of the persons specified in that rule.
(1) The accused shall be asked what he has to say in his defence and shall be allowed to make his defence. He may be allowed to have any person to assist him during the trial, 1[***].
(2) The court or the judge-advocate, if any, may question the accused on the case for the purpose of enabling him to explain any circumstances appearing in his statement or in the evidence against him. The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving answers to them which he knows not to be true, 1[***].
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1. Omitted by S.R.O. 17(E), dated 6th December, 1993.
(1) The judge-advocate (if any) or the presiding officer shall take down or cause to be taken down a brief record of the evidence of the witnesses at the trial and of the defence of the accused; the record so taken down shall be attached to the proceedings.
(2) If it appears to the convening officer that military exigencies or other circumstances prevent compliance with sub-rule (1), he may direct that the trial will be carried on without any such brief record being taken down.
(3) If the accused pleads “Guilty” the summary 1[***] of evidence, if any, may be read and attached to the proceedings, and it shall not be necessary for the court to hear witnesses for the prosecution, respecting matters contained in the summary 1[***] of evidence so read.
The court shall then be closed to consider its finding. If the finding on any charge is “Guilty”, the court may receive any evidence as to previous convictions and character which is available. The court shall then deliberate in closed court as to its sentence.
Upon the court arriving at a finding of “Not Guilty”, or awarding the sentence in case of having arrived at a finding of “Guilty”, the presiding officer shall date and sign the finding or sentence, as the case may be. The signature shall authenticate the whole of the proceedings and the proceedings upon being signed by the judge-advocate, if any, shall at once be transmitted to the confirming officer, for confirmation.
(1) A summary general-court-martial may adjourn from time to time and from place to place and may when necessary view any place.
(2) The proceedings shall be held in open court, in the presence of the accused except on any deliberation among the members when the court may be closed.
The foregoing rules, namely rules 22 (hearing of charge), 23 (procedure for taking down the summary of evidence), 24 (remand of accused), 1[***], 27 (delay report), 33 (rights of accused to prepare defence), 34 (warning of accused for trial), 36 (suspension of rules on grounds of military exigencies or the necessities of discipline), 38 (adjournment for insufficient number of officers), 49 (objection by accused to charge), 51 (special plea to the jurisdiction), 52 (general plea of "Guilty" or "Not Guilty"), 53(plea in bar), 54 (procedure after plea of “Guilty"), 55 (withdrawal of plea of "Not Guilty"), 61 (consideration of finding), 62 (form, record and announcement of finding), 64 (procedure on conviction), 65 (sentence), 66 (recommendation of mercy), 67 (announcement of sentence), 71 (promulgation), 72 (mitigation of sentence on partial confirmation), 73 (confirmation notwithstanding informality in, or excess of, punishment
Any statement in an order convening a summary general court-martial as to the opinion of the convening officer shall be conclusive evidence of that opinion, but this rule shall not prejudice the proof at any time of any such opinion when not so stated.
A warrant for the committal of a person sentenced by a court-martial to a prison under the provision of section 168 and sub-section (2) of section 169, shall be in one of the forms given in Appendix IV. Such warrant shall be signed and despatched by the commanding officer of the prisoner or by any higher authority or his staff officer and forwarded to the proper prison authority
Any warrant issued under the provisions of section 173 shall be in one of the forms given in Appendix IV, and shall be signed by the officer making the order in pursuance of which such warrant is issued, or by his staff officer, or by the commanding officer of the unit to which the person undergoing sentence belonged.
(1) A sentence of cashiering or dismissal awarded by a court-martial shall take effect from the date on which the sentence is promulgated to the person under sentence, or except in the case of an officer, from such subsequent date as may be specified by the commanding officer at the time of such promulgation.
(2) When dismissal is combined with imprisonment which is to be carried out 1[ in a military prison or in military custody] 2[***], the dismissal shall not take effect until the date on which the prisoner is released 1[from a military prison or from military-custody], 2[***].
(3) When cashiering or dismissal is combined with 1[imprisonment for life] or with imprisonment which is to be carried out in a civil prison, the cashiering or dismissal shall not take effect until the date on which the prisoner is received into a civil prison.
When a person is sentenced by a court-martial to suffer death, the commanding officer for the time being of such person may, if he thinks fit, by a warrant in one of the forms in Appendix V, commit the said person for safe custody in a civil prison pending confirmation or the carrying out of the sentence.
(1) While confirming the sentence of death, the confirming authority shall specify the period within which the person sentenced may, after the sentence has been promulgated to him, submit a petition against the finding or sentence against him of the court-martial.
(2) The person against whom a sentence of death has been confirmed shall at the time of promulgation, be informed of his rights under sub-section (2) of section 164 and of the period specified by the confirming authority within which he may, if he so wishes to do, submit, a petition against the finding or sentence of the court-martial.
(3) Every petition against a finding or sentence submitted by a person against whom a sentence of death has been confirmed, and every order in respect of such petition shall be transmitted, where the confirming authority is the Chief of the Army
(1) The officer commanding the army, army corps or division or an officer commanding forces in the field shall nominate a provost-marshal or other officer not below the rank of Lieutenant Colonel who shall be responsible for the due execution of the sentence of death passed under the Act; and shall issue to such officer the death warrant in the relevant form contained in Appendix V.
(2) The officer specified in sub-rule (1) shall not issue the death warrant until he is satisfied that having regard to the provisions of rule 170, the sentence of death may be carried into effect.
(3) No sentence of death passed under the Act shall be carried into effect until the death warrant has been received by the provost-marshal or other officer nominated under sub-rule (1).
(4) If the authority specified in
(1) On receipt of the death warrant, the provost-marshal or other officer, nominated under sub-rule (1) of rule 170A shall—
(a) inform the person sentenced as soon as possible of the date on which the sentence will be carried out;
(b) if the person sentenced has been committed to a civil prison under rule 169, obtain the custody of his person by issuing a warrant in one of the forms in Appendix V; and
(c) proceed to carry out the sentence as required by the death warrant and in accordance with any general or special instructions which may from time to time be given by or under the authority of the Chief of the Army Staff.
(2) During the execution of a sentence of death passed under the Act, no person except those specified below
If a sentence of death is commuted under the Act or if the person sentenced to death is pardoned, and—
(a) if he has been committed to a civil prison under a warrant issued under rule 169, a further warrant in one of the forms given in Appendix V shall be issued by the commanding officer of such person;
(b) if he has been detained in military custody, any warrant which may be necessary to give effect to the sentence as so commuted, shall be issued in one of the forms given in Appendix IV.
SECTION 7—FIELD PUNISHMENT containing section 172 omitted by S.R.O. 17(E), dated 6th December, 1993.
SECTION 7—FIELD PUNISHMENT containing section 173 omitted by S.R.O. 17(E), dated 6th December, 1993.
SECTION 7—FIELD PUNISHMENT containing section 176 omitted by S.R.O. 17(E), dated 6th December, 1993.
SECTION 7—FIELD PUNISHMENT containing section 176 omitted by S.R.O. 17(E), dated 6th December, 1993.
SECTION 7—FIELD PUNISHMENT containing section 176 omitted by S.R.O. 17(E), dated 6th December, 1993.
(1) A court of inquiry is an assembly of officers or of junior commissioned officers or of officers and junior commissioned officers, warrant officers or non-commissioned officers, directed to collect evidence, and if so required to report with regard to any matter which may be referred to them.
(2) The court may consist of a Presiding Officer, who will either be an officer or a junior commissioned officer, and of one or more members. The Presiding Officer and members of court may belong to any Regt or Corps of the service according to the nature of the investigation.
(3) A court of inquiry may be assembled by the officer in command of any body of troops, whether belonging to one or more corps.]
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The members of the court shall not be sworn or affirmed, but when the court is a court of inquiry on recovered prisoners of war, the members shall make the following declaration:—
“I,...................., do declare upon my honour that I will duly and impartially inquire into and give my opinion as to the circumstances in which............became a prisoner of war, according to the true spirit and meaning of the regulations of the regular Army; and I do further declare, upon my honour that I will not on any account, or any time disclose or discover my own vote or opinion or that of any particular member of the court, unless required to do so by competent authority.”
(1) The court shall be guided by the written instructions of the authority who assembled the court. The instructions shall be full and specific and shall state the general character of the information required. They shall also state whether a report is required or not.
(2) The officer who assembled the court shall, when the court is held on a returned prisoner of war or on a prisoner of war who is still absent, direct the court to record its opinion whether the person concerned was taken prisoner through his own wilful neglect of duty, or whether he served with or under, or aided the enemy; he shall also direct the court to record its opinion in the case of a returned prisoner of war, whether he returned as soon as possible to the service and in the case of a prisoner of war still absent whether he failed to return to the service when it was possible for him to do so. The officer w
Save in the case of a prisoner of war who is still absent whenever any inquiry affects the character or military reputation of a person subject to the Act, full opportunity must be afforded to such person of being present throughout the inquiry and of making any statement, and of giving any evidence he may wish to make or give, and of cross-examining any witness whose evidence in his opinion, affects his character or military reputation and producing any witnesses in defence of his character or military reputation. The presiding officer of the court shall take such steps as may be necessary to ensure that any such person so affected and not previously notified receives notice of and fully understands his rights, under this rule.
Evidence shall be recorded on oath or affirmation when a court of inquiry is assembled—
(a) on a prisoner of war, or
(b) to inquire into illegal absence under section 106, or
(c) in any other case when so directed by officer assembling the court.
Explanation.—The court shall administer the oath or affirmation to witnesses as if the court were a court-martial.
The proceedings of a court of inquiry, or any confession, statement, or answer to a question made or given at a court of inquiry, shall not be admissible in evidence against a person subject to the Act, nor shall any evidence respecting the proceedings of the court be given against any such person except upon the trial of such person for wilfully giving false evidence before that court:
Provided that nothing in this rule shall prevent the proceedings from being used by the prosecution or the defence for the purpose of cross-examining any witness.]
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1. Subs. by S.R.O. 17(E), dated 6th December, 1993.
(1) A court of inquiry under section 106 shall, when assembled, require the attendance of such witnesses as it think sufficient to prove the absence and other facts specified as matters of inquiry in that section.
(2) It shall take down the evidence given it in writing and at the end of the proceedings shall make a declaration of the conclusions at which it has arrived in respect of the facts it is assembled to inquire into.
(3) The commanding officer of the absent person shall enter in the court-martial book of the corps of department a record of the declaration of the court, and the original proceedings will be destroyed.
(4) The court of inquiry shall examine all witnesses who may be desirous of coming forward on behalf of the absentee, and shall put such questions to them as may be desirab
(1) Any person subject to the Act who is tried by a court-martial shall be entitled to copies of such statements and documents contained in the proceedings of a court of inquiry, as are relevant to his prosecution or defence at his trial.
(2) Any person subject to the Act whose character or military reputation is affected by the evidence before a court of inquiry shall be entitled to copies of such statements and documents as have a bearing on his character or military reputation as aforesaid unless the Chief of the Army Staff for reasons recorded by him in writing, orders otherwise].
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1. Subs. by S.R.O. 44, dated 24th January, 1985.
.—(1) Whenever any weapon or part of a weapon, which forms part of the equipment of a squadron, battery, company or other similar unit, and in respect of the loss or theft of which a fine may be imposed under rule 186 is lost or stolen, a court of inquiry shall be assembled, under the orders of the officer commanding the army, army corps, division or independent brigade, to investigate the circumstances under which the loss or theft occurred.
(2) The officer who assembled the court shall direct it to record an opinion as to the circumstances of the loss or theft.
1[(1) The officer commanding the army, army corps, division or independent brigade shall then record his opinion on the circumstances of the loss or theft, and may impose for each weapon or part of a weapon lost or stolen, collective fines to the extent of the current official prices of such weapons or part of weapons on the junior commissioned officer, warrant officers, non-commissioned officers, and men of such unit or upon so many of them as he considers should be held responsible for the occurrence.]
Rs. A. P.
Gun Machine Bren 303 in. .. 1,200 0 0
Block Breech ... 82 0 0
&n
).—(1) Each of the following separate bodies of persons subject to the Act shall be a “corps” for the purposes of Chapter III and section 43(a) of the said Act and of 1[Chapters II and III] of these rules, 2[except rule 13], namely:—
(a) President’s 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 gr
In the Act and in these rules, the expression `officer, in relation to a person subject to the Act, includes a person holding a commission in the Indian Navy or the Air Force, when he is serving under any of the following conditions, namely:—
(a) when he is a member or a body of the regular Army, acting with a body of the Indian Navy or the Air Force which is on active service;
(b) when he is being conveyed on any vessel, or aircraft employed as a transport or troop ship;
(c) when he is serving in or is a patient in any hospital or medical unit in which any officer of Indian Navy or the Air Force is on duty or is a patient;
(d) when he is a member of a body of the regular Army acting in an emergency with a body of the Ind
The prescribed officer for the purposes of sub-section (1) of section 7 shall be the officer commanding the army, army corps, division, or brigade or any equivalent formation with which the person subject to the Act under clause (i) of sub-section (1) of section 2 is for the time being serving.
The prescribed form for the purposes of section 13 shall be the same as set forth in Appendix 1.
The prescribed officer for the purposes of section 78 shall be the officer commanding the forces in the field, or, in the case of a sentence which he confirms or could have confirmed or which do not require confirmation, the officer commanding the army corps, division, brigade, or any detached portion of regular Army within which the trial was held.
Subject to the other provisions of the Act, a commanding officer or other officer as is specified under section 80, may,—
(i) if not below field rank, award punishments specified in section 80 to the full extent;
(ii) if below field rank, award imprisonment and detention upto seven days and other punishments to the full extent. An officer having power not less than an officer commanding a division may, however, empower such officer to award imprisonment and detention to the full extent:
1[Provided that where the punishment awarded consists of reduction to a lower grade of pay, such reduction shall be to the immediately next lower grade and shall not be effective for a period exceeding one year.]
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The prescribed officer for the purposes of clause (i) of section 90 and clause (i) of section 91 shall be the Chief of the Army Staff or the officer commanding the Army.]
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1. Subs. by S.R.O. 17(E), dated 6th December, 1993.
The prescribed officer for the purposes of section 93 shall be, in the case of an officer, the Chief of the Army Staff or the officer commanding an Army and, in the case of a person other than an officer, the officer empowered to convene a court-martial for his trial.
Any penal deduction from the pay and allowances of a person subject to the Act made under Chapter VIII thereof, may be remitted as hereinafter provided, that is to say—
(a) a penal deduction from the pay and allowances of any such person may be remitted by the Central Government,
(b) the commanding officer of any such person, other than an officer, who has been absent without leave for a period not exceeding five days may, unless the person is convicted by a court-martial on a charge for such absence, remit the forfeiture of pay and allowances to which that absence renders him liable,
(c) a forfeiture of pay and allowances incurred by any such person owing to his absence as a prisoner of war may, (unless it shall have been proved before a court of inquiry that he was taken
The prescribed authorities for the purposes of sections 98 and 99 shall be—
(i) in the case of officers of the Army Medical Corps, Director General Armed Forces Medical Services,
(ii) in the case of all other officers, the Director of Personal Services, and
(iii) in all other cases, the officer not below the rank of Lieutenant-Colonel commanding a Training Battalion, Training Centre, Depot or Record Office who maintains the accounts of the individual, or any superior authority.
The prescribed officer for the purposes of sub-section (1) of section 107 shall be the officer commanding an army, army corps, division or independent brigade or an officer commanding the forces in the field.
The prescribed officer for the purpose of section 125 of the Act shall, except in cases falling under section 69 of the Act in which death has resulted, be the officer commanding the brigade or station in which the accused person is serving.
The prescribed officer for the purposes of sub-section (1) of section 142 shall be the officer commanding the corps, department or detachment to which the person appears to have belonged or alleges that he belongs or had belonged.
(1) The prescribed officer for the purposes of section 146 shall be—
(a) in the case of trial by summary court-martial, the commanding officer of the Corps, Department or Detachment to which the accused person belongs, or any authority superior to the commanding officer,
(b) in the case of trial by any other court-martial, the convening officer or any authority superior to him.
(2) Where an officer who proposes to act as a prescribed officer under sub-rule (8) is under the command of the officer who has taken action in the case under sub-section (4) of section 145, he shall ordinarily obtain the approval of such officer before he acts; but if he is of opinion that military exigencies, or the necessities of discipline, render it impossible or inexpedient to obtain such approval, h
The prescribed officer for the purposes of section 162 shall, whenever any division or brigade is temporarily withdrawn from its territorial area, be the officer, not being below the rank of field officer, commanding the corresponding divisional or brigade area, within which the trial is held:
Provided that, when the officer who held the trial is himself the commander of such area, he shall forward the proceedings to superior authority.
When the trial is held on board a ship the prescribed officer shall be the officer commanding the troops on board the ship or the officer who would have had power to deal with the proceedings had the trial been held at the port of disembarkation:
Provided that, when the officer who held the trial is himself the officer commanding the troops on board the ship, h
The prescribed officer for the purposes of sub-section (2) of section 164 shall be any officer superior in command to the commanding officer and in the case of a summary court-martial, any officer superior in command to the officer who held the summary court-martial, provided that such superior officer has power not less than a brigade commander
The prescribed officer for the purposes of section 165 shall be the officer commanding an army, army corps, division or brigade in respect of proceedings confirmed by him or by a person under his command
The prescribed officer under sub-section (1) of section 169, for the purposes of directing whether the sentence shall be carried out by confinement in a civil prison or by confinement in a military prison, shall be, in the case of a sentence which has been confirmed, any higher authority than the confirming officer, and in the case of a sentence which does not require confirmation, any higher authority to the officer holding the trial.
The prescribed officer for the purposes of section 179 shall be—
(a) as regards persons undergoing sentence in a civil prison or any other place, the officer commanding the army, army corps, division, or independent brigade within the area of whose command the prisoner subject to such punishment may for the time being be;
(b) as regards persons convicted on active service, the officer commanding the forces in the field.
The following deductions may be made from the pay, non-effective pay and all other emoluments payable to a person subject to the Act, namely:—
(a) upon the general or special order of the Central Government, any sum required to meet any public claim there may be against him, any regimental debt that may be due from him or any regimental claim;
(b) any sum required to meet compulsory contributions to any provident fund or any benevolent or other fund approved by the Central Government.
Explanation.—(i) “Public claim” means any public debt or disallowance including any over-issue; or a deficiency or irregular expenditure of public money or store of which, after due investigation, no explanation satisfactory to the Central Government is given by the person who is responsible for the
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