ARMY ACT, 1950
CHAPTER I PRELIMINARY
1. Short title and commencement 1
2. Persons subject to this Act 1
3. Definitions 2
CHAPTER II SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES
4. Application of Act to certain forces under Central Government 6
5. [Omitted by the Adaptation of Laws (No. 3) Order, 1956] 7
6. Special provision as to rank in certain cases
7. Commanding officer of persons subject to military law under clause (i) of section 2
8. Officers exercising powers in certain cases
9. Power to declare persons to be on active service
CHAPTER III COMMISSION, APPOINTMENT AND ENROLMENT 10. Commission and appointment 8
Ineligibility of aliens for enrolment
CHAPTER IV
V
36.
46.
69. Civil offences
70. Civil offences not triable by court-martial
CHAPTER VII
71. Punishments awardable by courts-martial
72. Alternative punishments awardable by court-martial
73. Combination of punishments
74. Cashiering of officers
75-76. [Omitted by the Army (Amendment) Act, 1992, w.e.f. 6-9-1992]
77. Result of certain punishments in the case of a warrant officer or non-commissioned officer
78. Retention in the ranks of a person convicted on active service
79. Punishments otherwise than by court-martial
80. Punishment of persons other than officers, junior commissioned officers and warrant officers
81. Limit of punishments under section 80
82. Punishments in addition to those specified in section 80
83.
84.
CHAPTER VIII
90. Deductions from pay and allowances of officers
91. Deductions from pay and allowances of persons other than officers
92. Computation of time of absence or custody
93. Pay and allowances during trial
94.
95. Deduction from public money due to a person
96. Pay and allowances of prisoner of war during inquiry into his conduct
97. Remission of deductions
98. Provision for dependants of prisoner of war from remitted deductions
99. Provision for dependants of prisoner of war from his pay and allowances
100. Period during which a person is deemed to be a prisoner of war
CHAPTER IX
ARREST AND PROCEEDINGS BEFORE TRIAL 101.
CHAPTER X
120.
121.
122.
123. Liability of offender who ceases to be subject to
124.
125. Choice between criminal court and court-martial
126. Power of criminal court to require delivery of offender
127. [Omitted by the Army (Amendment) Act, 1992, w.e.f. 6-9-1992] 73
CHAPTER XI
PROCEDURE OF COURTS-MARTIAL
128.
129.
130.
136.
137.
138.
139.
140.
141.
142.
143.
144.
146.
147. Transmission to Central Government of orders under section
148. Release of lunatic accused
149.
150.
CONTENTS
PAGE
151. Order for disposal of property regarding which offence is committed 81
152. Powers of court-martial in relation to proceedings under this Act 82
CHAPTER XII
CONFIRMATION AND REVISION
153. Finding and sentence not valid, unless confirmed 82
154. Power to confirm finding and sentence of general court-martial 82
155. Power to confirm finding and sentence of district court-martial 82
156. Limitation of powers of confirming authority 82
157. Power to confirm finding and sentence of summary general courtmartial 82
158. Power of confirming authority to mitigate, remit or commute sentences 82
159. Confirming of findings and sentences on board a ship 83
160. Revision of finding or sentence 83
161. Finding and sentence of a summary court-martial 83
162. Transmission of proceedings of summary courts-martial 84
163. Alteration of finding or sentence in certain cases 84
164. Remedy against order, finding or sentence of court-martial 84
165. Annulment of proceedings 85
CHAPTER XIII
EXECUTION OF SENTENCES
166. Form of sentence of death 85
167. Commencement of sentence of transportation or imprisonment 85
168. Execution of sentence of transportation 85
169. Execution of sentence of imprisonment 85
169A. Period of custody undergone by the officer or person to be set off against the imprisonment 86
170. Temporary custody of offender 86
171. Execution of sentence of imprisonment in special cases 86
172. Conveyance of prisoner from place to place 86
173. Communication of certain orders to prison officers 86
174. Execution of sentence of fine 87
CONTENTS
175. Establishment and regulation of military prisons 87
176. Informality or error in the order or warrant 87
177. Power to make rules in respect of prisons and prisoners 87
178. Restriction of rule-making power in regard to corporal punishment 88
CHAPTER XIV
PARDONS, REMISSIONS AND SUSPENSIONS
179. Pardon and remission 88
180. Cancellation of conditional pardon, release on parole or remission 89
181. Reduction of warrant officer or non-commissioned officer 89
182. Suspension of sentence of transportation or imprisonment 89
183. Orders pending suspension 89
184. Release on suspension 90
185. Computation of period of suspension 90
186. Order after suspension 90
187. Reconsideration of case after suspension 90
188. Fresh sentence after suspension 90
189. Scope of power of suspension 90
190. Effect of suspension and remission on dismissal 91
CHAPTER XV RULES
191. Power to make rules 91
192. Power to make regulations 92
193. Publication of rules and regulations in Gazette 93
193A. Rules and regulations to be laid before Parliament 94
194. [Omitted by the Repealing and Amending Act, 1957, w.e.f. 17-9-1957] 94
CHAPTER XVI [***]
195196. [Omitted by the Army (Amendment) Act, 1992, w.e.f. 6-9-1992] 94
SCHEDULE [Omitted by the Repealing and Amending Act, 1957, w.e.f. 17-9-1957] 94 SUBJECT INDEX 95
ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950
1. Short title, extent and commencement
2. Definitions
3. Property of deceased persons and deserters other than officers
4. Property of officers who die or desert
5. Decision of questions as to regimental and other debts in camp or quarters
6. Representative powers of commanding officer or Committee
7. Power of Central Government to hand over estate or deceased person to the Administrator General
8. Disposal of surplus by prescribed persons
9. Disposal of effects, not money
10. Disposal of certain property without production of probate, etc.
11. Discharge of commanding officer, Committee, prescribed person and the Central Government
12. Property in the hands of commanding officer, Committee or prescribed person not to be assets where commanding officer, Committee or prescribed person is stationed
13. Saving of rights of representative
14. Application of sections 3 to 13 to persons of unsound mind or to persons reported missing on active service
15. Appointment of standing Committee of Adjustment in certain cases
16. Power to make rules
17. [Omitted by the Repealing and Amending Act, 1957, w.e.f. 17-91957]
1. Short title and commencement
2. Application of Act
3. Definitions
CHAPTER II
SPECIAL PROVISION FOR CERTAIN FORCES
4. Special provision for certain forces under Central Government 115
CHAPTER III
CONSTITUTION OF INTER-SERVICES ORGANISATION AND ITS OFFICERS
5. Constitution of Inter-services Organisation or Joint Services Command
6. Existing Inter-services Organisations and Commander-in-Chief or Officer-in-Command to continue
7. Powers of Commander-in-Chief or Officer-in-Command
8. Commanding Officer
9. Superintendence of Central Government
10. Power to declare persons to be on active service
CHAPTER IV MISCELLANEOUS
11. Power to make rules
12. Overriding effect of this Act
13. Protection of action taken in good faith
14. Power to remove difficulties
15. Laying of rules before Parliament
ARMY RULES, 1954
CHAPTER I
1. Short title
2. Definitions
3. Reports and applications
4. Forms in Appendices
5. Exercise of power vested in holder of military office
6. Cases unprovided for
II
AND ATTESTATION
7. Enrolling officers
8. Persons to be attested
9. Oath or affirmation to be taken on attestation
10. Transfer from one corps or department to another
11. Discharge not to be delayed
12. Discharge Certificate
13. Authorities empowered to authorise discharge
13A. Termination of service of an officer by the Central Government on his failure to qualify at an examination or course
14. Termination of service by the Central Government on account of misconduct
15. Termination of service by the Central Government on grounds other than misconduct
15A. Release on medical grounds
Certain rules not to apply
16C. Registration of Commission
17. Dismissal or removal by Chief of the Army Staff and by other officers
18. Date from which retirement, resignation, removal, release, discharge or dismissal otherwise than by sentence of court-martial takes effect
Unauthorised organization
20. Political and non-military activities
21. Communications to the press, lectures, etc.
CHAPTER
V
INVESTIGATION OF CHARGES AND TRIAL BY COURT-MARTIAL
SECTION 1 - INVESTIGATION OF CHARGES AND REMAND FOR TRIAL Power of Commanding Officers
22. Hearing of charge
23. Procedure for taking down the summary of evidence
24. Remand of accused
25. [Omitted by Notification No. S.R.O. 17(E) dated 6-12-1993]
26. Summary disposal of charges against officer, junior commissioned officer or warrant officer
27. Delay reports
28. Charge-sheet and charge
29. Commencement of charge-sheet
30. Contents of charge
31. Signature on charge-sheet
32. Validity of charge-sheet
Preparation for defence by accused person
33. Right of accused to prepare defence
34. Warning of accused for trial
35. Joint trial of several accused persons
36. Suspension of rules on the ground of military exigencies or the necessities of discipline
SECTION 2 - GENERAL AND DISTRICT COURTS-MARTIAL CONVENING OF COURT
37. Convening of General and District Court-martial
38. Adjournment for insufficient number of officers
39. Ineligibility and disqualification of officers for court-martial
40. Composition of General Court-martial
Procedure at trial - Constitution of court
41. Inquiry by court as to legal constitution
CONTENTS
42. Inquiry by court as to amenability of accused and validity of charge
Procedure at trial - Challenge and swearing
43. Appearance of prosecutor and accused
44. Proceedings for challenges of members of court
45. Swearing or affirming of members
46. Swearing or affirming of judge-advocate and other officers
47. Persons to administer oaths and affirmations
Prosecution, Defence and Summing-up
48. Arraignment of accused
49. Objection by accused to charge
50. Amendment of 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” subject to compliance with sub-rules (2) and (4) of rule 52
56. Plea of “Not Guilty”, application for adjournment, and case for the prosecution
57. Plea of no case
58. Examination of the accused and defence witnesses
59. Closing addresses
59a. [Omitted by Notification No. S.R.O. 17(E), dated 6-12-1993]
60. Summing up by the judge-advocate
Finding and Sentence
61. Consideration of findings
62. Form, record and announcement of finding
63. Procedure on acquittal
64. Procedure on conviction
65. Sentence
66. Recommendation of mercy
67. Announcement of sentence and signing and transmission of proceedings
68. Revision
CONTENTS
69. Review of court-martial proceedings 160
70. Confirmation 160
71. Promulgation 160
72. Mitigation of sentence on partial confirmation 160
73. Confirmation notwithstanding informality in or excess of punishment 161
74. Member or prosecutor not to confirm proceedings 161
Proceedings of General and District Court-Martial
75. Seating of members 161
76. Responsibility of presiding officer 161
77. Power of court over address of prosecutor and accused 161
78. Procedure on trial of accused persons together 162
79. Separate charge-sheets 162
80. Sitting in closed court 163
80A. Courts-martial to be public
81. Hours of sitting 163
82. Continuity of trial and adjournment of court 164
83. Suspension of trial 164
84. Proceedings on death or illness of accused 164
85. Death, retirement or absence of presiding officer 164
86. Presence throughout of all members of court 164
87. Taking of opinions of members of court 165
88. Procedure on incidental questions 165
89. Swearing of court to try several accused persons 165
90. Swearing of interpreter and shorthand writer 165
91. Evidence when to be translated 166
92. Record in proceedings of transactions of court-martial 166
93. Custody and inspection of proceedings 166
94. Transmission of proceedings after finding 167
Defending Officer, Friend of Accused and Counsel
95. Defending officer and friend of accused 167
96. Counsel allowed in general and district courts-martial 167
97. Requirements for appearance of counsel 167
98. Counsel for prosecution 168
99. Counsel for accused
100.
101. Qualifications of counsel
102. Disqualification of judge-advocate
103. Invalidity in the appointment of judge-advocate
104. Substitute on death, illness or absence of judge-advocate
105. Powers and duties of judge-advocate
SECTION 3 - SUMMARY COURT-MARTIAL
108.
109. Swearing or affirming of court
111. Arraignment of accused
112.
115. General plea of “Guilty” or “Not Guilty”
116. Procedure after plea of “Guilty”
117. Withdrawal of plea of “Not Guilty”
118. Procedure after plea of “Not
119.
123.
124. Sentence
125. Signing of proceedings
126. Charges in different charge-sheets
127. Clearing of court
128. Adjournment
129. Friend of accused
130. Memorandum to be attached to proceedings
131. Promulgation
132. Promulgation to be deferred in certain circumstances
133. Review of proceedings
SECTION 4 - GENERAL PROVISIONS
Witnesses and Evidence
134. Calling of all prosecutor’s witnesses
135. Calling of witness whose evidence is not contained in summary 176
136. List of witnesses of accused 176
137. Procuring attendance of witnesses 176
138. Procedure when essential witness is absent
139. Withdrawal of witnesses from court
140. Oath or affirmation to be administered to witnesses
141. Mode of questioning witness
142. Questions to witnesses by court or judge-advocate
143. Re-calling of witnesses and calling of witnesses in reply
144. Addresses
145. Finding of insanity
Insanity
Preservation of Proceedings
146. Preservation of proceedings
147. Right of person tried to copies of proceedings
147A. Copy of proceedings not to be given in certain cases
148. Loss of proceedings
Irregular procedure when no injustice is done
149. Validity of irregular procedure in certain cases
Offences of witnesses and others
150. Offences of witnesses and others
SECTION 5 - SUMMARY GENERAL COURTS-MARTIAL
151. Convening the court and record of proceedings
152. Charge
153. Trial of several accused persons
154. Challenges
CONTENTS
PAGE
155. Swearing or affirming the court, judge-advocate, etc. 182
156. Arraignment 182
157. Plea of jurisdiction 182
158. Evidence 183
159. Defence 183
160. Record of the evidence and defence 183
161. Finding and sentence 183
162. Signing and transmission of proceedings 183
163. Adjournment 184
164. Application of rules 184
165. Evidence of opinion of convening officer 184
SECTION 6 - EXECUTION OF SENTENCES
166. Committal warrants 185
167. Warrants under section 173 185
168. Sentence of cashiering or dismissal 185
169. Custody of person under sentence of death 185
170. Opportunity for petition against sentence of death 185
170A. Death warrant 186
170B. Execution of sentence of death 186
171. Procedure or commutation of sentence of death 187
SECTION 7 [***]
172 to 176. [Omitted by the Army (Amendment) Rules, 1993, w.e.f. 6-12-1993] 187
CHAPTER VI
COURTS OF INQUIRY
177. Courts of Inquiry 187
178. Members of court not to be sworn or affirmed 188
179. Procedure 188
180. Procedure when character of a person subject to the Act is involved 189
181. Evidences when to be taken on oath or affirmation 189
182. Proceedings of court of inquiry not admissible in evidence 189
183. Court of inquiry as to illegal absence under section 106 189
184. Right of certain persons to copies of statements and documents 190
CONTENTS
Losses or thefts of Arms
185. Court of inquiry when rifles, etc., are lost or stolen 190
186. Collective fines may be imposed 190
CHAPTER VII
PRESCRIBED OFFICERS, AUTHORITIES AND OTHER MATTERS
187. ‘Corps’ prescribed under section 3(vi) 192
188. Conditions prescribed under section 3(xviii)(f) 193
189. Prescribed officer under section 7(1) 193
190. Prescribed form under section 13 194
191. Prescribed officer under section 78 194
192. Prescribed extent of punishments under section 80 194
193. Prescribed officer under sections 90(i) and 91(i) 194
194. Prescribed officer under section 93 194
195. Prescribed authorities under section 97 194
196. Prescribed authorities under sections 98 and 99 195
197. Prescribed officer under section 107(1) 195
197A. Prescribed officer under section 125 195
198. Prescribed officer under section 142 195
199. Prescribed manner of custody and prescribed officer under sections 145 and 146 195
200. Prescribed officer under section 162 196
201. Prescribed officer under section 164(2) 196
202. Prescribed officer under section 165 196
203. Prescribed officer under section 169 196
204. Prescribed officer under section 179 197
205. Authorised deductions 197
APPENDIX I : Enrolment Forms
APPENDIX II : Forms of Charges
APPENDIX III
APPENDIX IV
APPENDIX V : Warrant under Army Rules 169, 170A and 171
MILITARY PRISONS RULES, 1962
1. Short title
APPENDIX VII : Memorandum of the earning and award of marks under the progressive stage and remission system
APPENDIX VIII : Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners
ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) RULES, 1953
1. Short title
2. Definitions
PART II
PROPERTY OF DECEASED PERSONS OTHER THAN OFFICERS
3. Securing of property
4. Inventory
5. Saving as to the securing of property and preparation of inventory
6. Drawing of pay and allowances
7. Listing of regimental and other debts in camp or quarters
8. Funeral expenses
9. Security for the payment of debts and expenses recoverable, under the Act
10. Time limit for securing debts and expenses recoverable under the Act
11. Custody of moneys
12. Saving of certain property from sale or conversion
13. Mode of sale
14. Disposal of private firearms and ammunition
15. Disposal of medals, orders and decorations
16. Expenses of administration
PART III
PROPERTY OF
17. Property of deceased officers
18. Committee of Adjustment
19. Standing Committee of Adjustment
20. Constitution of committees when Standing Committee constituted
PART IV
PROPERTY OF PERSONS SUBJECT TO THE ARMY ACT, 1950, OR THE AIR FORCE ACT, 1950, WHO DESERT, OR ARE ASCERTAINED TO BE OF UNSOUND MIND OR WHILE ON ACTIVE SERVICE ARE OFFICIALLY REPORTED MISSING
21. Property of deserters
22. Property of persons of unsound mind
23. Property of missing persons
PART V
PRESCRIBED PERSON AND THE MANNER IF PAYING HIM THE SURPLUS
24. Prescribed person for purposes of sections 3, 4, 5, 7, 8, 9, 11, 12 and 13
25. Prescribed person for the purpose of section 10
26. Payment of surplus by commanding officer or Committee of adjustment to the prescribed person under section 3 or section 4
27. Payment of surplus by the Administrator General to the prescribed person under section 7
PART VI
OTHER PROVISIONS
28. Circumstances in which estate to be handed over to the Administrator General
29. Form of Notice under section 8
30. Delivery of property or surplus under section 10
31. Mode of delivering property or surplus to a representative or other person
32. Manner in which a person may be ascertained to be of unsound mind
33. Reports
34. Exercise of powers of commanding officer in certain case
SCHEDULE I
SCHEDULE II : List of Documents which should Accompany (in Duplicate) The Report (A.F.A. 2/1 A.F.F. (P) 28) of Disposal Referred to in Rule 33
1.
5.
Army Act, 1950
[46 OF 1950]1
An Act to consolidate and amend the law relating to the government of the regular Army.
BE it enacted by Parliament as follows:—
CHAPTER 1 PRELIMINARY
Short title and commencement.
1. (1) This Act may be called the Army Act, 1950.
(2)It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
Persons subject to this Act.
2. (1) The following persons shall be subject to this Act wherever they may be, namely:—
(
a) officers, junior commissioned officers and warrant officers of the regular Army;
(b)persons enrolled under this Act;
(c)persons belonging to the Indian Reserve Forces;
(d)persons belonging to the Indian Supplementary Reserve Forces when called out for service or when carrying out the annual test;
(e)officers of the Territorial Army, when doing duty as such officers, and enrolled persons of the said Army when called out or embodied or attached to any regular forces, subject to such adaptations and modifications as may be made in the application of this Act to such persons under sub-section (1) of section 9 of the Territorial Army Act, 1948 (56 of 1948);
(f)persons holding commissions in the Army in India Reserve of Officers, when ordered on any duty or service for which they are liable as members of such reserve forces;
1.Dated 20-5-1950.
2. Enforced with effect from 22-7-1950, vide S.R.O. 120, dated 22-7-1950.
(
g) officers appointed to the Indian Regular Reserve of Officers, when ordered on any duty or service for which they are liable as members of such reserve forces;
(h) 3[***]
(
i) persons not otherwise subject to military law who, on active service, in camp, on the march or at any frontier post specified by the Central Government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of, the regular Army.
(2) Every person subject to this Act under clauses (a) to 4[(g)] of sub-section (1) shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the service.
Definitions.
3. In this Act, unless the context otherwise, requires,—
(i) “active service”, as applied to a person subject to this Act, means the time during which such person—
(a) is attached to, or forms part of, a force which is engaged in operations against an enemy, or
(b) is engaged in military operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or (c) is attached to or forms part of a force which is in military occupation of a foreign country;
(ii) “civil offence” means an offence which is triable by a Criminal Court;
(iii) “civil prison” means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force;
5[(iv) “Chief of the Army Staff” means the officer commanding the regular army;]
(v) “commanding officer”, when used in any provision of this Act, with reference to any separate portion of the regular army or to any department thereof, means the officer whose duty it is under the regulations of the regular Army, or in the absence of any such regulations by the custom of the service, to discharge with respect to that portion of the regular Army or that department, as the case may be, the functions of a commanding officer in regard to matters of the description referred to in that provision;
3. Omitted by the Adaptation of Laws (No. 3) Order, 1956, w.r.e.f. 1-11-1956. Prior to omission, clauses (h) read as under:
“(h) persons belonging to the land forces of a Part B State, when such persons are attached to any body of the regular Army for service, or when the whole or a part of the said forces is acting with any body of the regular Army or is placed at the disposal of the Central Government in pursuance of a notification under section 5;”
4. Substituted for “(b)” by the Adaptation of laws (No. 3) Order, 1956, w.r.e.f. 1-11-1956.
5. Substituted by the Commanders-in-Chief (Change of Designation) Act, 1955, w.e.f. 7-5-1955.
(vi) “corps” means any separate body of persons subject to this Act, which is prescribed as a corps for the purposes of all or any of the provisions of this Act;
(vii) “court-martial” means a court-martial held under this Act;
(viii) “criminal court” means a court of ordinary criminal justice in any part of India, 6[***]
(ix) “department” includes any division or branch of a department;
(x) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to military law to act;
(xi) “the Forces” means the regular Army, Navy and Air Force or any part of any one or more of them;
(xii) “junior commissioned officer” means a person commissioned, gazetted or in pay as a junior commissioned officer in the regular Army or the Indian Reserve Forces, and includes a person holding a junior commission in the Indian Supplementary Reserve Forces, or the Territorial Army, 7[***] who is for the time being subject to this Act;
(xiii) “military custody” means the arrest or confinement of a person according to the usages of the service and includes naval or air force custody;
(xiv) “military reward” includes any gratuity or annuity for long service or good conduct, good service pay or pension, and any other military pecuniary reward;
(xv) “non-commissioned officer” means a person holding a non-commissioned rank or an acting non-commissioned rank in the regular Army or the Indian Reserve Forces, and includes a non-commissioned officer or acting non-commissioned officer of the Indian Supplementary Reserve Forces or the Territorial Army, 8[***] who is for the time being subject to this Act;
(xvi) “notification” means a notification published in the Official Gazette;
(xvii) “offence” means any act or omission punishable under this Act and includes a civil offence as hereinbefore defined;
(xviii) “officer” means a person commissioned, gazetted or in pay as an officer in the regular Army, and includes—
(a) an officer of the Indian Reserve Forces;
(b) an officer holding a commission in the Territorial Army granted by the President with designation of rank corresponding to that of an officer of the regular Army who is for the time being subject to this Act;
6. Words “other than the State of Jammu and Kashmir” omitted by the Air Force and Army Laws (Amendment) Act, 1975, w.e.f. 29-3-1975.
7. Words “or a junior or equivalent commission in the land forces of a Part B State” omitted by the Adaptation of Laws (No. 3) Order, 1956, w.r.e.f. 1-11-1956.
8. Words “or the land forces of a Part B State” omitted, ibid
(
(
c) an officer of the Army in India Reserve of Officers who is for the time being subject to this Act;
d) an officer of the Indian Regular Reserve of Officers who is for the time being subject to this Act;
(e) 9[***]
(
f) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the Navy or Air Force; but does not include a junior commissioned officer, warrant officer, petty officer or non-commissioned officer;
(xix) “prescribed” means prescribed by rules made under this Act;
(xx) “provost-marshal” means a person appointed as such under section 107 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf;
(xxi) “regular Army” means officers, junior commissioned officers, warrant officers, non-commissioned officers and other enrolled persons who, by their commission, warrant, terms of enrolment or otherwise are liable to render continuously for a term ‘military service’ to the Union in any part of the world, including persons belonging to the Reserve Forces and the Territorial Army when called out on permanent service;
(xxii) “regulation” includes a regulation made under this Act;
(xxiii) “superior officer”, when used in relation to a person subject to this Act, includes a junior commissioned officer , warrant officer and a non-commissioned officer, and, as regards persons placed under his orders, an officer, warrant officer, petty officer and non-commissioned officer of the Navy or Air Force;
(xxiv) “warrant officer” means a person appointed, gazetted or in pay as a warrant officer of the regular Army or of the Indian Reserve Forces, and includes a warrant officer of the Indian Supplementary Reserve Forces or of the Territorial Army 9a[***] who is for the time being subject to this Act;
(xxv) 10[all words (except the word “India”)] and expressions used but not defined in this Act and defined in the Indian Penal Code (45 of 1860) shall be deemed to have the meanings assigned to them in that Code.
9. Omitted by the Adaptation of Laws (No. 3) Order, 1956, w.r.e.f. 1-11-1956. Prior to omission, sub-clause (e) read as under:
“(e) an officer of the land forces of any Part B State who is for the time being subject to this Act.”
9a. Words “or of the land forces of a Part B State” omitted, ibid
10. Substituted for “all words” by the Air Force and Army Laws (Amendment) Act, 1975, w.e.f. 29-3-1975.
COMMENTS
SECTION NOTES
3.1 Definition of “Commanding Officer” [Section 3(v)]
The term “commanding officer” refers to the officer whose duty is to discharge the functions of a commanding officer in regard to matters described in the relevant provision.
This duty is in reference to:
Any separate portion of the regular Army.
Any department of the regular Army.
The authority for this duty is based on:
The regulations of the regular Army.
The custom of the service, in the absence of any such regulations.
3.2 Definition of “Junior Commissioned Officer” [Section 3(xii)]
A “junior commissioned officer” means a person who is: Commissioned, gazetted, or in pay as a junior commissioned officer in the regular Army or the Indian Reserve Forces.
The term also includes a person who is:
Holding a junior commission in the Indian Supplementary Reserve Forces or the Territorial Army.
For the time being subject to this Act.
3.3 Definition of “Non-Commissioned Officer” [Section 3(xv)]
A “non-commissioned officer” means a person holding a non-commissioned rank or an acting non-commissioned rank.
This includes persons from the following forces who are for the time being subject to this Act:
Regular Army.
Indian Reserve Forces.
Indian Supplementary Reserve Forces.
Territorial Army.
3.4 Definition of “Officer” [Section 3(xviii)]
An officer means a person who is commissioned, gazetted, or in pay as an officer in the regular Army.
Included categories:
The term “officer” also includes an officer of the Indian Reserve Forces.
The term “officer” also includes an officer holding a commission in the Territorial Army granted by the President with a rank designation corresponding to an officer of the regular Army, who is for the time being subject to this Act.
The term “officer” also includes an officer of the Army in India Reserve of Officers who is for the time being subject to this Act.
The term “officer” also includes an officer of the Indian Regular Reserve of Officers who is for the time being subject to this Act.
3.5 Definition of “Regular Army” [Section 3(xxi)]
The “regular Army” means officers, junior commissioned officers, warrant officers, non-commissioned officers, and other enrolled persons.
These persons, by their commission, warrant, terms of enrolment, or otherwise, are liable to render military service to the Union continuously for a term.
This service can be rendered in any part of the world.
Included categories:
The term “regular Army” also includes persons belonging to the Reserve Forces and the Territorial Army when they are called out on permanent service.
3.6 Definition of “Superior Officer” [Section 3(xxiii)]
A “superior officer” when used in relation to a person subject to this Act, includes a junior commissioned officer, warrant officer, and a non-commissioned officer.
A “superior officer” also includes the following, specifically regarding persons who are placed under their orders:
An officer, warrant officer, petty officer, and non-commissioned officer of the Navy or Air Force.
CHAPTER II
SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES
Application of Act to certain forces under Central Government.
4. (1) The Central Government may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any force raised and maintained in India under the authority of that Government 11[***] and suspend the operation of any other enactment for the time being applicable to the said force.
(2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the regular Army the same or equivalent rank as the aforesaid persons hold for the time being in the said force.
(3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by or are in the service of or are followers of or accompany any portion of the said force as they have effect in respect of persons subject to this Act under 12[clause (i) of sub-section (1) of section 2].
(4) While any of the provisions of this Act apply to the said force, the Central Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.
11. Words “including any force maintained by a Part-B State” omitted by the Adaptation of Laws (No. 3) Order, 1956, w.r.e.f. 1-11-1956.
12. Substituted for “clause (i) of section 2” by the Repealing and Amending Act, 1974, w.e.f. 20-12-1974.
ARMY ACT 1950 WITH RULES –BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN’S EDITORIAL BOARD
PUBLISHER
: TAXMANN
DATE OF PUBLICATION : NOVEMBER 2025
EDITION : 2026 EDITION
ISBN NO : 9789371268318
NO. OF PAGES : 380
BINDING TYPE : PAPERBACK
DESCRIPTION
Army Act 1950 with Rules [ Bare Act with Section Notes ] by Taxmann is a concise yet authoritative compilation of India’s key legislation governing the discipline, administration, and justice system of the Regular Army. The 2026 Edition has been thoroughly updated to incorporate the latest amendments, including the Inter-Services Organisations (Command, Control and Discipline) Act 2023 and the corresponding Rules 2025. This book is intended for the following audience:
• Defence Law Practitioners & Military Lawyers
• Armed Forces Personnel & Officers
• Government Officials & Military Administrators
• Academicians & Researchers
• Law Students
The Present Publication is the 2026 Edition, covering the amend ed and updated text of the Army Act [ Act No. 46 of 1950 ] and Rules, with the following noteworthy features:
• [Updated Coverage] Incorporates all amendments, notifications, and Defence Ministry orders up to date
• [Pre-amendment Footnotes] Presents earlier provisions for reference and comparative interpretation
• [Integrated Acts & Rules] Includes allied legislations for holistic understanding:
o Army Rules 1954
o Military Prisons Rules 1962
o Army and Air Force (Disposal of Private Property) Act 1950 & Ru les 1953
o Inter-Services Organisations (Command, Control and Discipline) Act 2023 & Rules 2025
• [Section Notes by Taxmann] Concise interpretative notes with judicial insights and crossreferences
• [Authentic & Practical] Reproduces verified statutory text as per official Gazette notifications
• [User-friendly Layout] Logical rule-wise structure and comprehensive subject index for quick access