STATEMENT OF OBJECTS AND REASONS . "(1) The Indian Air Force Act, 1932, is in large part modelled on the Indian Army Act, 1911and departs from the latter Act principally in two chapters, namely, those on "offences" and "punishments" With the revision of the Indian Army Act a new Air Force Act has become inevitable and after an examination of the possibility of combining the two Acts into one it was decided that this Course was not feasible but the more practicable and convenient course was to have two separate Acts but identical in their provisions with all necessary variations and adaptations of the Army Act required by the Air Force. The salient points of revision of these Acts have been set out in the Statement of Objects and Reasons of the Army Bill, 1949. (2) The opportunity afforded by-a simultaneous revision of both Acts has been used to examine and, as far as possible, eliminate disparity and difference between them arising from their origin .and history. Such points of difference as still remain and are not inherent in the subject matter are those which are considered irremovable at the present stage. (3) A separate Bill is intended to take the place of Sections 126to128-Lof the existing Act in regard to the property of deceased persons, deserters and lunatics and will be common to the Army and Air Force."-Gaz. of Ind., 31-12-1949, Pt. V, page 646.
An Act to consolidate and amend the law relating to the government of the Air Force. BE it enacted by Parliament as follows:-
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called The Air Force Act, 1950.
(2) It shall come into force on such date 2as the Central Government may by notification in the Official Gazette, appoint in this behalf.
SECTION 02: PERSONS SUBJECT TO THIS ACT
The following persons shall be subject to this Act wherever they may be, namely:-
(a) officers and warrant officers of the Air Force;
(b) persons enrolled under this Act;
3[(c) persons belonging to the Regular Air Force Reserve or the Air Defence Reserve or the Auxiliary Air Force, in the circumstances specified in section 26 of the Reserve and Auxiliary Air Forces Act, 1952;]
(d) persons not otherwise subject to air force 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 Air Force.
SECTION 03: TERMINATION OF APPLICATION OF THE ACT
- Every person subject to this Act under clauses (a) to (c) of section 2-shall remain so subject until duly, retired, discharged, released, removed, dismissed or cashiered from the service.
SECTION 04: DEFINITIONS
- 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 air force operations, 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 any foreign country:
(ii) "aircraft" includes aeroplanes, balloons, kite balloons, airships, gliders or other machines for flying;
(iii) "aircraft material" includes any engines, fittings, guns, gear, instruments or apparatus for use in connection with aircraft, and any of its components and accessories and petrol oil, and any other substance used for providing motive power for planes;
(iv) "Air Force" means officers and airmen who by their commission, warrant, terms of enrolment or otherwise, are liable to render continuously for a term air force service to the Union in every part of the world or any specified part of the world, including persons belonging to4[any Air Force Reserve or the Auxiliary Air Force], when called out on permanent service;
(v) "air force custody" means the arrest or confinement of a person according to the usages of the service and includes military or naval custody:
(vi) "air force law" means the law enacted by this Act and the rules made there under and includes the usages of the service;
(vii) "air force reward" includes any gratuity or annuity for long service or good conduct, badge pay or pension, and any other air force pecuniary reward;
(viii) "airman" means any person subject to this Act other than an officer;
(ix) "air officer" means any officer of the Air Force above the rank of group captain;
(x) "air signal" means any signal intended for the guidance of aircraft, whether given by flag, ground signal, light, wind indicator or in any manner whatsoever:
(xi) "Chief Legal Adviser" means a person appointed as such by5[the Chief of the Air Staff] to give advice on matters relating to air force law and to perform such other duties of a legal character as may arise in connection therewith;
(xii) "civil offence" means an offence which is triable by a criminal court;
(xiii) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894-, or under any other law for the time being in force;
6[(xiv) "Chief of the Air Staff" means the officer commanding the Air force;]
(xv) "commanding officer" used in relation to a person subject to this Act, means the officer for the time being in command of the unit or detachment to which such person belongs or is attached;
(xvi) "court-martial" means a court-martial held under this Act;
(xvii) "criminal court" means a court of ordinary criminal justice in any part of India,7[* * * * *;]
(xviii) "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 air force law to act;
(xix) "the Forces" means the regular Army, Navy and Air Force or any part of any one or more of them;
(xx) "non-commissioned officer" means a person holding a non-commissioned rank or an acting non-commissioned rank in the Air Force, and includes any person holding a non-commissioned rank or an acting non-commissioned rank in4[any Air Force Reserve or the Auxiliary Air Force] when subject to this Act;.
(xxi) "notification" means a notification published in the Official Gazette,
(xxii) "offence" means any act or omission punishable under this Act and includes a civil offence, as hereinbefore defined;
(xxiii) "officer" means a person commissioned, gazetted or in pay as an officer in the Air Force, and includes-
(a) an officer of4[any Air Force Reserve or the Auxiliary Air Force] who is for the time being subject to this Act;
(b) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the regular Army or the Navy; but does not include ajunior commissioned officer, warrant officer, petty officer or non-commissioned officer;
(xxiv) "prescribed" means prescribed by rules made under this Act;
(xxv) "provost-marshal" means a person appointed as such undersection 108-and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf;
(xxvi) "regulation" includes a regulation made under this Act;
(xxvii) "superior officer", when used in relation to a person subject to this Act, includes a warrant officer and a non-commissioned officer, and as regards persons serving under such conditions as may be prescribed, an officer, junior commissioned officer, warrant officer, petty officer and non-commissioned officer of the regular Army or the Navy;
(xxviii) "unit" includes-
(a) any body of officers and airmen for which a separate authorised establishment exists;
(b) any separate body of persons subject to this Act employed on any service and not attached to a unit as aforesaid;
(c) any other separate body of persons composed wholly or partly of persons subject to this Act, and specified as a unit by the Central Government;
(xxix) "warrant officer" means a person appointed, gazetted or in pay as a warrant officer of the Air Force and includes an acting warrant officer, a master warrant officer, and .a warrant officer of4[any Air Force Reserve or the Auxiliary Air Force] who is for the time being subject to this Act;
(xxx)8[all words (except the word India)] and expressions used herein and defined inthe Indian Penal Code-and not hereinbefore defined shall be deemed to have the meanings respectively assigned to them by that Code.
CHAPTER 02: SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES
SECTION 05: APPLICATION OF ACT TO CERTAIN FORCES UNDER THE CENTRAL GOVERNMENT
(1)The Central Government may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any force raised and maintained in India 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 Air Force 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 clause (d) 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.
SECTION 06: SPECIAL PROVISION AS TO RANK IN CERTAIN CASES
- (1) The Central Government may, by notification, direct that any person or class of persons subject to this Act under clause (d) of section 2-, shall be so subject as officers, warrant officers or non-commissioned officers, and may authorise any officer to give a like direction and to cancel such direction.
(2) All persons subject to this Act other than officers, warrant officers and non-commissioned officers shall, if they are not persons in respect of whom a notification or direction under subsection (1) is in force, be deemed to be of rank inferior to that of a non-commissioned officer.
SECTION 07: COMMANDING OFFICER OF PERSONS SUBJECT TO AIR FORCE LAW UNDER CLAUSE (D) OF SECTION 2
- (1) Every person subject to this Act, under clause (d) of section 2-, shall, for the purposes of this Act. be deemed to be under the commanding officer of the unit, or detachment, if any. to which he is attached, and if he is not so attached under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person may for the time being be serving, or of any other prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the Force.
(2) An officer commanding a force shall not place a person subject to this Act under clause (d) of section 2-under the command of an officer of official rank inferior to that of such person if there is present at the place where such person is any officer of higher rank under whose command he can be placed.
SECTION 08: OFFICER EXERCISING POWERS IN CERTAIN CASES
(1) Whenever persons subject to this Act are serving under an officer commanding any air force formation not in this section specifically named, and being, in the opinion of the Central Government, not less than a squadron, the said Government may prescribe the officer by whom the powers which, under this Act, may be exercised by Air officers in charge of commands, and officers commanding groups, wings and squadrons shall, as regards such persons, be exercised.
(2) The Central Government may confer such powers either absolutely, or subject to such restrictions, reservations, exceptions and conditions as it may think fit.
SECTION 09: POWER TO DECLARE PERSONS TO BE ON ACTIVE SERVICE
Notwithstanding anything contained in clause (i) of section 4-, the Central Government may, by notification, declare that any person or class of persons subject to this Act shall, with reference to any area in which they may be serving or with reference to any provision of this Act or of any other law for the time being in force be deemed to be on active service within the meaning of this Act.
CHAPTER 03: COMMISSION, APPOINTMENT AND ENROLMENT
SECTION 10: COMMISSION AND APPOINTMENT
The President may giant, to such person as he thinks fit a commission as an officer or appoint any person as a warrant officer of the Air Force.
SECTION 11: INELIGIBILITY OF ALIENS FOR ENROLMENT
No person who is not a citizen of India shall, except with the consent of the Central Government signified in writing, be enrolled in the Air Force; Provided that nothing contained in this section shall bar the enrolment of the subjects of Nepal in the Air Force.
SECTION 12: INELIGIBILITY OF FEMALES FOR ENROLMENT OR EMPLOYMENT
No female shall be eligible for enrolment or employment in the Air Force, except in such corps, department, branch or other body forming part of, or attached to any portion of, the Air Force as the Central Government may, by notification, specify in this behalf; Provided that nothing contained in this section shall affect the provisions of any law for the time being in force providing for the raising end maintenance of any service auxiliary to the Air Force or any branch thereof in ,which females are eligible for enrolment or employment.
SECTION 13: PROCEDURE BEFORE ENROLLING OFFICER
Upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of the service for which he is to be enrolled; and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after having cautioned him that if he makes a false answer to any such question he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question.
SECTION 15: VALIDITY OF ENROLMENT
Every person who has for the space of three months been in receipt of pay as a person enrolled under this Act and been borne on the rolls of any unit shall be deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever and if any person, in receipt of such pay, and borne on the rolls as aforesaid, claims his discharge before the expiry of three months from his enrolment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as an enrolled person under this Act or invalidate any proceedings, act or thing taken or done prior to his discharge.
SECTION 14: MODE OF ENROLMENT
- If, after complying with the provisions of section 13-, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall also cause such person to sign the enrolment paper, and such person shall thereupon be deemed to be enrolled.
SECTION 16: PERSONS TO BE ATTESTED
-The following persons shall be attested, namely:-
(a) all persons enrolled as combatants;
(b) all persons selected to hold a non-commissioned or acting non-commissioned rank; and
(c) all other persons subject to this Act as may be prescribed by the Central Government.
SECTION 17: MODE OF ATTESTATION
(1) When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer in front of his unit or such portion thereof as may be present, or by any other prescribed persons.
(2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will bear true allegiance to the Constitution of India-as by law established, and that he will serve in the Air Force and go wherever he - is ordered by land, sea or air, and that he will obey all commands of any officer set over him, even to the peril of his life.
(3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper and authenticated by the signature of the officer administering the oath or affirmation.
CHAPTER 04: CONDITIONS OF SERVICE
SECTION 18: TENURE OF SERVICE UNDER THE ACT
- Every person subject to this Act shall hold office during the pleasure of the President.
SECTION 19: TERMINATION OF SERVICE BY CENTRAL GOVERNMENT
- Subject to the provisions of this Act and the rules and regulations made thereunder, the Central Government may dismiss, or remove from the service any person subject to this Act.
SECTION 20: DISMISSAL, REMOVAL OR REDUCTION BY CHIEF OF THE AIR STAFF AND OTHER OFFICERS
- (1)9[The Chief of the Air Staff] may dismiss or remove from the service any person subject to this Act other than an officer.
(2)9[The Chief of the Air Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer.
(3) An officer having power not less than an air officer in charge of a command or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a warrant officer.
(4) On active service, an officer commanding the air forces in the field may reduce to a lower rank or to the ranks any warrant officer or non-commissioned officer under his command.
(5)9[The Chief of the Air Staff] or an officer specified in sub-section (3) may reduce to a lower class in the ranks any airman other than a warrant officer or non-commissioned officer.
(6) The Commanding Officer or an acting non-commissioned officer may order him to revert to his substantive rank as a non-commissioned officer, or if he had no such substantive rank, to the ranks.
(7) The exercise of any powers under this section shall be subject to the other provisions contained in this Act and the rules and regulations made thereunder.
SECTION 21: POWER TO MODIFY CERTAIN FUNDAMENTAL RIGHTS IN THEIR APPLICATION TO PERSONS SUBJECT TO THIS ACT
- Subject to the provisions of any law for the time being in force relating to the Air Force or to any branch thereof, the Central Government may, by notification, make rules" restricting in such manner and to such extent as may be specified the right of any person subject to this Act-
(a) to be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions or any society, institution or association, or any class of societies, institutions or associations;
(b) to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes;
(c) to communicate with the press or to publish or cause to be published any book, letter or other document.
SECTION 22: RETIREMENT, RELESE OR DISCHARGE
- Any person subject to this Act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed.
SECTION 24: DISCHARGE OR DISMISSAL WHEN OUT OF INDIA
- (1) Any person enrolled under this Act who is entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of India, and requests to be sent to India, shall, before being discharged, be sent to India with all convenient speed.
(2) Any person enrolled under this Act who is dismissed from the service and who, when he is so dismissed, is serving out of India, shall be sent to India with all convenient speed.
(3) Where any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with any other punishment, such other punishment or, in the case of a sentence of transportation, imprisonment or detention, a portion of such sentence may be inflicted before he is sent to India.
(4) For the 'purposes of this section, the word "discharge" shall include release, and the word "dismissal" shall include removal.
SECTION 23: CERTIFICATE ON TERMINATION OF SERVICE
- Every warrant officer, or enrolled person who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother-tongue of such person and also in the English language setting forth-
(a) the authority terminating his service;
(b) the cause for such termination; and
(c) the full period of his service in the Air Force.
CHAPTER 05: SERVICE PRIVILEGES
SECTION 25: AUTHORISED DEDUCTIONS ONLY TO BE MADE FROM PAY
- The pay of every person subject to this Act due to him as such under any regulation, for the time being in force, shall be paid without any deduction other than the deductions authorised by or under this or any other Act.
SECTION 26: REMEDY OF AGGRIEVED AIRMEN
- (1) Any airman who deems himself wronged by any superior or other officer may, if not attached to a unit or detachment, complain to the officer under whose command or orders he is serving; and may if attached to a unit or detachment, complain to the officer commanding the same.
(2) When the officer complained against is the officer to whom any complaint should, under subsection (1), be preferred, the aggrieved airman may complain to such officer's next superior officer, and if he thinks himself wronged by such superior officer, he may complain to11[the Chief of the Air Staff.]
(3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant; or, when necessary, refer the complaint to superior authority.
(4) Every such complaint shall be preferred in such manner as may from time to time be specified by the proper authority.
(5) The Central Government may revise any decision by11[the Chief of the Air Staff] under subsection (2), but subject thereto, the decision of11[the Chief of the Air Staff) shall be final.
SECTION 27: REMEDY OF AGGRIEVED OFFICERS
- Any officer who deems himself wronged by his Commanding officer or any superior officer and who on due application made to his commanding officer does not receive the redress to which he considers himself entitled, may complain to the Central Government in such manner as may from time to time be specified by the proper authority.
SECTION 28: IMMUNITY FROM ATTACHMENT
- The arms, clothes, equipment, accoutrements or necessaries of any person subject to this Act shall not be seized and the pay and allowances of any such person or any part thereof shall not be attached, by direction of any civil or revenue court or any revenue officer, in satisfaction of any decree or order enforceable against him.
SECTION 29: IMMUNITY FROM ARREST FOR DEBT
- (1) No person subject to this Act shall, so long as he belongs to the Forces, be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer.
(2) The judge of any such court or the said officer may examine into any complainntmade by such person or his superior officer of the arrest of such person contrary to the provisions of this section, and may, by warrant under his hand, discharge the person, and award reasonable costs to the complaint who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process.
(3) For the recovery of such costs no court-fee shall be payable by the complainant.
SECTION 30: IMMUNITY OF PERSONS ATTENDING COURTS MARTIAL FROM ARREST
- (1) No presiding officer or member of a court-martial, no judge advocate, no party to any proceeding before a court-martial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a court-martial shall, while proceeding to, attending, or returning from, a court-martial, be liable to arrest under civil or revenue process.
(2) If any such person is arrested under any such process, he may be discharged by order of the court-martial.
SECTION 31: PRIVILEGES OF RESERVISTS
- Every person belonging to12[any Air Force Reserve or the Auxiliary Air Force] shall, when called out for, or engaged in, or returning from, training or service, be entitled to all the privileges accorded by sections 28 and 29 to a person subject to this Act.
SECTION 32: PRIORITY IN RESPECT OF AIR FORCE PERSONNEL'S LITIGATION
- (1) On the presentation to any court by or on behalf of any person subject to this Act of a certificate, from the proper air force authority, of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for.
(2) The certificate from the proper air force authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for.
(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority for the hearing of his case.
(4) Where the court is unable to arrange for the hearing and final disposal of the suitor other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself.
(5) If in any case a question arises as to the proper air force authority qualified to grant such certificate as aforesaid, such question shall be at once referred by the court to an officer having power not less than a group commander or equivalent commander whose decision shall be final.
SECTION 33: SAVING OF RIGHTS AND PRIVILEGES UNDER OTHER LAWS
- The rights and privileges specified in the preceding sections of this Chapter shall be in addition to any others conferred on persons subject to this Act or on members of the regular Army, Navy and Air Force generally by any other law for the time being in force.
CHAPTER 06: OFFENCES
SECTION 34: OFFENCES IN RELATION TO THE ENEMY AND PUNISHABLE WITH DEATH
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit the said act; or
(b) intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy; or
(c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or
(d) treacherously holds correspondence with. or communicates intelligence to, the enemy or any person in arms against the Union; or
(e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies; or
(f) treacherously or through cowardice sends a flag of truce to the enemy; or
(g) in time of war or during any air force operation, intentionally occasions a false alarm in action, camp or quarters or spreads reports calculated to create alarm or despondency; or
(h) in time of action leaves his commanding officer or his post, guard, piquet, patrol or party without being regularly relieved or without leave; or
(i) having been made a prisoner of war, voluntarily serves with or aids the enemy; or
(j) knowingly harbours or protects an enemy not being a prisoner; or
(k) being a sentry in time of war or alarm, sleeps upon his post or is intoxicated; or
(1) knowingly does any act calculated to imperil the success of the military, naval or air forces of India or any forces co-operating therewith or any part of such forces; or
(m) treacherously or shamefully causes the capture or destruction by the enemy of any aircraft belonging to the Forces; or
(n) treacherously uses any false air signal or alters or interferes with any air signal; or
(o) when ordered by his superior officer or otherwise under orders to carry out any air force operations, treacherously or shameful fails to use his utmost exertions to carry such orders into effect; shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.
SECTION 35: OFFENCES IN RELATION TO THE ENEMY AND NOT PUNISHABLE WITH DEATH
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) is taken prisoner, by want of due precaution, or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so; or
(b) without due authority holds correspondence with or communicates intelligence to the enemy; or having come by the knowledge of any such correspondence or communication wilfully omits to discover it immediately to his commanding or other superior officer; or
(c) without due authority sends a flag of truce to the enemy; or
(d) negligently causes the capture or destruction by the enemy of any aircraft belonging to the Government; or
(e) when ordered by his superior officer, or otherwise under orders to carry out . any warlike operations in the air, negligently or through other default fails to use his utmost exertions to carry such orders into effect; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
SECTION 36: OFFENCES PUNISHABLE MORE SEVERELY ON ACTIVE SERVICE THAN AT OTHER TIMES
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) forces a safeguard, or forces or uses criminal force to a sentry; or
(b) breaks into any house or other place in search of plunder; or
(c) being a sentry sleeps upon his post, or is intoxicated; or
(d) without orders from his superior officer leaves his guard, piquet, patrol or post; or
(e) intentionally or through neglect occasions a false alarm in camp or quarters; or spreads reports calculated to create unnecessary alarm or despondency; or
(f) makes known the parole, watchword or countersign to any person not entitled to receive it; or knowingly gives a parole, watchword or countersign different from what he received; or
(g) without due authority alters or interferes with any air signal; shall, on conviction by court-martial, if he commits any such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he commits any such offence when not on active service, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
SECTION 37: MUTINY
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) begins, incites, causes, or conspires with any other persons to cause, any mutiny in the military, naval or air forces of India or any forces co-operating therewith; or
(b) joins in any such mutiny; or
(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or
(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to commit such mutiny or any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer; or
(e) endeavours to seduce any person in the military, naval or air forces of India from his duty or allegiance to the Union; shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned,
SECTION 38: DESERTION AND AIDING DESERTION
(1) Any person subject to this Act who deserts or attempts to desert the service shall on conviction by court-martial, if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.
SECTION 40: STRIKING OR THREATENING SUPERIOR OFFICER
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) uses criminal force to, or assaults his superior officer, or
(b) uses threatening language to such officer; or
(c) uses insubordinate language to such officer; shall, on conviction by court-martial, if such officer is at the time in the execution of his office, or, if the offence is committed on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned : Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five years.
SECTION 39: ABSENCE WITHOUT LEAVE
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) absents himself without leave; or
(b) without sufficient cause overstays leave granted to him; or
(c) being on leave of absence and having received information from proper authority that any unit or detachment, to which he belongs, has been ordered on active service, fails, without sufficient cause, to re-join without delay; or
(d) without sufficient cause fails to appear at the time fixed, at the parade or place _ appointed for exercise or duty; or
(e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or
(f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or
(g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
SECTION 41: DISOBEDIENCE TO SUPERIOR OFFICER
- (1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally or in writing or by signal or otherwise shall, on conviction by court- martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by court-martial, if he commits such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he commits such offence when not on active service, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
SECTION 42: INSUBORDINATION AND OBSTRUCTION
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) being concerned in any quarrel, affray or disorder, refuses to obey any officer, though, of interior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or
(b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or
(c) resists an escort whose duty it is to apprehend him or to have him in charge; or
(d) breaks out of barracks, camp or quarters; or
(e) neglects to obey any general, local or other order; or
(f) impedes the provost-marshal or any person lawfully acting on his behalf or, when called upon, refuses to assist in the execution of his duty a provost- marshal or any person lawfully acting on his behalf; or
(g) uses criminal force to or assaults any person bringing provisions or supplies to the Forces; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clauses (d) and (e), to two years, and in the case of the offences specified in the other clauses to ten years or such less punishment as is in. this Act mentioned.
SECTION 43: FRAUDULENT ENROLMENT
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) without having obtained a regular discharge from the Air Force or otherwise fulfilled the conditions enabling him to enrol or enter, enrols himself in, or enters the said force or any part of the military or the naval forces of India; or
(b) is Concerned in the enrolment in any part of the Forces, of any person when he knows or has reason to believe such person to be $o circumstanced that by enrolling he commits an offence against this Act; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
SECTION 44: FALSE ANSWERS ON ENROLMENT
- Any person having become subject to this Act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
SECTION 45: UNBECOMING CONDUCT
- Any officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned: and if he is a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned.
SECTION 47: III-TREATING A SUBORDINATE
- Any officer, warrant officer or non-commissioned officer, who uses criminal force to or otherwise ill-treats any person subject to this Act, being his subordinate in rank or position, shall, on conviction by court- martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
SECTION 46: CERTAIN FORMS OF DISGRACEFUL CONDUCT
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or
(b) malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity: or
(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person: shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
SECTION 48: INTOXICATION
- (1) Any person subject to this Act who is found in a state of intoxication, whether on duty or not, shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and if he is not an officer, be liable, subject to the provisions of sub-section (2), to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(2) Where an offence of being intoxicated is committed by a person other than an officer when not on active service or not on duty, the period of imprisonment awarded shall not exceed six months.
SECTION 49: PERMITTING ESCAPE OF PERSON IN CUSTODY
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) when in command of a guard, piquet, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge or refuses to receive any prisoner or person so committed: or
(b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge or whom it is his duty to keep or guard; shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned: and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is. in this Act mentioned.
SECTION 50: IRREGULARITY IN CONNECTION WITH ARREST OR CONFINEMENT
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or
(b) having committed a person to air force custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
SECTION 51: ESCAPE FROM CUSTODY
- Any person subject to this Act who, being in lawful custody, escapes or attempts to escape shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
SECTION 52: OFFENCES IN RESPECT OF PROPERTY
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) commits theft of any property belonging to the Government, or to any military, naval or air force mess. band or institution, or to any person subject to military, naval or air force law; or
(b) dishonestly misappropriates or converts to his own use any such property; or
(c) commits criminal breach of trust in respect of any such property; or
(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or
(e) wilfully destroys or injures any property of the Government entrusted to him; or
(f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
SECTION 54: MAKING AWAY WITH EQUIPMENT
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) makes away with or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him; or
(b) loses by neglect anything mentioned in clause (a); or
(c) sells, pawns, destroys or defaces any medal or decoration granted to him; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause (a) to ten years and in the case of the offences specified in the other clauses to five years, or such less punishment as is in this Act mentioned.
SECTION 53: EXTORTION AND CORRUPTION
- Any person subject to this Act who commits any of the following offences, that is to say,--
(a) commits extortion; or
(b) without proper authority exacts from any person money, provisions or service; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years of such less punishment as is in this Act mentioned.
SECTION 55: INJURY TO PROPERTY
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) destroys or injures any property mentioned in clause (a) of section 54-, or any property belonging to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law, or serving with, or attached to, the Air Force, or
(b) commits any act which causes damage to, or destruction of, any property of the Government by fire; or
(c) kills, injures, makes away with, ill-treats or loses any animal entrusted to him; shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he has acted without reasonable excuse to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned,
SECTION 56: FALSE ACCUSATION
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or
(b) in making a complaint under section 26-orsection 27-makes any statement affecting the character of any person subject to this Act, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material facts, shall, on conviction by court martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
SECTION 57: FALSIFYING OFFICIAL DOCUMENTS AND FALSE DECLARATION
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement; or
(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to the making of, any omission, with intent to defraud; or
(c) knowingly and with intent to injure any. person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or
(d) where it is his official duty to make a declaration respecting any matter knowingly makes a false declaration; or
(e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
SECTION 58: SIGNING IN BLANK AND FAILURE TO REPORT
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any property of the Government fraudulently leaves in blank any material part for which his signature is a voucher; or
(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned;
SECTION 59: OFFENCES RELATING TO COURTS MARTIAL
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) being duly summoned or ordered to attend as a witness before a court- martial, wilfully or without reasonable excuse, makes default in attending; or
(b) refuses to take an oath or make an affirmation legally required by a court- martial to be taken or made; or
(c) refuses to produce or deliver any document in his power or control legally required by a court-martial to be produced or delivered by him; or
(d) refuses when a witness to answer any question which he is by law bound to answer; or
(e) is guilty of contempt of court-martial by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such Court; shall, on conviction by court martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
SECTION 60: FALSE EVIDENCE
- Any person subject to this Act who, having been duly sworn or affirmed before any court-martial or other Court competent under this Act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend toseven years or such less punishment as is in this Act mentioned.
SECTION 61: UNLAWFUL DETENTION OF PAY
- Any officer, warrant officer or non-commissioned officer who, having received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due shall on conviction by court martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as. is in this Act mentioned..
SECTION 63: OTHER OFFENCES RELATING TO AIRCRAFT AND FLYING
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) signs any certificate in relation to an aircraft material belonging to the Government without ensuring the accuracy thereof; or
(b) being the pilot of an aircraft belonging to the Government, flies it at a height less than such height as may be specified by13[the Chief of the Air Staff], except while taking off or landing, or in such other circumstances as may be specified by13[the Chief of the Air Staff]; or
(c) being the pilot of an aircraft belonging to the Government, flies it so as to cause, or to be likely to cause, unnecessary annoyance to any person; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
SECTION 62: OFFENCES IN RELATION TO AIRCRAFT AND FLYING
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) wilfully or without reasonable excuse damage's, destroys or loses any aircraft or aircraft material belonging to the Government; or
(b) is guilty of any act or neglect likely to cause such damage, destruction or loss; or
(c) without lawful authority disposes of any aircraft or aircraft material belonging to the
Government; or
(d) is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person; or
(e) during a state of war, wilfully and without proper occasion, or negligently causes the sequestration, by or under the authority of a neutral State, or the destruction in a neutral State, of any aircraft belonging to the Government; shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned, and, in any other case, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
SECTION 64: DISOBEDIENCE OF LAWFUL COMMAND OF CAPTAIN OF AIRCRAFT
- Any person subject to this Act who, whatever his rank, commits any of the following offences, that is to say,-
(a) while he is in an aircraft disobeys any lawful command given by the captain of the aircraft, whether such captain is subject to this Act or not, as respects all matters relating to the flying or handling of the aircraft, or affecting the safety thereof; or
(b) being the captain of a glider aircraft towed by another aircraft disobeys any lawful command given by the captain of the towing aircraft, whether the latter is subject to this Act or not, as respects all matters aforesaid; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such, less punishment as is in this Act mentioned.
SECTION 65: VIOLATION OF GOOD ORDER AND AIR FORCE DISCIPLINE
- Any person subject to this Act who is guilty of any act or emission which though not specified in this Act, is prejudicial to good order and air force discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. . .
SECTION 66: MISCELLANEOUS OFFENCES
,-Any person subject to this Act who commits any of the following offences, that is to say,-
(a) being in command at any post or on the march, and receiving a complaint that any one under this command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority; or
(b) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person; or
(c) attempts to commit suicide, and in such attempt does any act towards the commission of such offence; or
(d) being below the rank of warrant officer, when off duty, appears, without proper authority, in or about camp or cantonments, or in or about or when going to or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon; or
(e) directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person or leave of absence, promotion or any other advantage or indulgence for any person in the service; or
(f) commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
SECTION 67: ATTEMPT
- Any person subject to this Act who attempts to commit any of the offences specified in sections 34- to66-inclusive, and in such attempt does any act towards the commission of the offence shall, on conviction by court-martial, where no express provision is made by this Act for the punishment of such attempt, be liable, if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.
SECTION 68: ABETMENT OF OFFENCES THAT HAVE BEEN COMMITTED
Any person subject to this Act who abets the commission of any of the offences specified in sections 34-to66-inclusive, shall, on conviction by court-martial, if the Act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this Act mentioned.
SECTION 69: ABETMENT OF OFFENCES PUNISHABLE WITH DEATH AND NOT COMMITTED
- Any person subject to this Act who abets the commission of any of the offences punishable with death under sections 34-,37-and sub-section (1) of section 38-shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
SECTION 70: ABETMENT OF OFFENCES PUNISHABLE WITH IMPRISONMENT AND NOT COMMITTED
Any person subject to this Act who abets the commission of any of the offences specified in sections 34-to66-inclusive and punishable with imprisonment shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.
SECTION 71: CIVIL OFFENCES
- Subject to the provisions of section 72-, any person subject to this Act who at any place in or beyond India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a court-martial and, on conviction, be punishable as follows, that is to say,-
(a) if the offence is one which would be punishable under any law in force in India with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and
(b) in any other case, he shall be liable to suffer any punishment other than whipping assigned for the offence by any law in force in India, or imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
SECTION 72: CIVIL OFFENCE NOT TRIABLE BY COURT MARTIAL
- A person subject to this Act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person shall not be deemed to be guilty of an offence against this Act and shall not be tried by a court-martial, unless he commits any of the said offences-
(a) while on active service, or
(b) at any place outside India, or
(c) at a frontier post specified by the said Government by notification in this behalf. Explanation.-
[Omitted by the Air Force and Army Laws (Amendment) Act (13 of 1975), 8.2(29-3-1975).]
CHAPTER 07: PUNISHMENTS
SECTION 73: PUNISHMENTS AWARDABLE BY COURTS MARTIAL
- Punishments may be inflicted in 'respect of offences committed by persons subject to this Act and convicted by courts-martial according to the scale following that is to say,-
(a) death;
(b) transportation for life or for any period not less than seven years, in respect of civil offences;
(c) imprisonment, either rigorous or simple, for any period not exceeding fourteen years;
(d) detention for a term not exceeding two years in the case of airmen;
(e) cashiering, in the case of officers;
(f) dismissal from service;
(g) reduction to the ranks or to a lower rank or classification, in the case of warrant officers and non-commissioned officers: Provided that a warrant officer reduced to the ranks shall not be required to serve in the ranks as an airman;
(h) forfeiture of seniority of rank, in the case of officers, warrant officers and non-commissioned officers; and forfeiture of all or any part of their service for the purpose of promotion,, in the ease of any of them whose promotion depends upon length-of service;
(i) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose;
(j) severe reprimand or reprimand, in the case of officers, warrant officers and non-commissioned officers;
(k) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active service;
(1) forfeiture, in the case of a person sentenced to cashiering or dismissal from the service, of all arrears of pay and allowances and other public money due to him at the time of such cashiering or dismissal;
(m) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good.
SECTION 74: ALTERNATIVE PUNISHMENTS AWARDABLE BY COURT MARTIAL
- Subject to the provisions of this Act, a court-martial may, on convicting a person subject to this Act of any of the offences specified in sections 34-to70-inclusive, award either the particular punishment with which the offence is stated in the said sections to be punishable, or, in lieu thereof, any one of the punishments lower in the scale set out insection 73-, regard being had to the nature and degree of the offence.
SECTION 75: COMBINATION OF PUNISHMENTS
- A sentence of a court-martial may award in addition to, or without any one other punishment, the punishment specified in clause (e) or clause (f) of section 73-and any one or more of the punishments specified in clauses (g) to (m) of that section. '
SECTION 76: CASHIERING OF OFFICERS
- An officer shall be sentenced to be cashiered before he is awarded any of the punishments specified in clauses (a) to (c) of section 73-
SECTION 77: FIELD PUNISHMENT
- (1) Where any person subject to this Act and under the rank of warrant officer commits any offence on active service, shall be lawful, for a Court-martial to award for that offence any such it punishment as is prescribed as a field punishment.
(2) Field punishment shall be of the character of personal restraint or of hard labour but shall not be of a nature to cause injury to life or limb and shall not include flogging.
SECTION 78: POSITION OF FIELD PUNISHMENT IN SCALE OF PUNISHMENTS
- Field punishment shall for the purpose of commutation be deemed to stand next below dismissal in the scale of punishments specified in section 73-
SECTION 79: RESULT OF CERTAIN PUNISHMENTS IN THE CASE OF A WARRANT OFFICER OR NON COMMISSIONED OFFICER
- A warrant officer or a non-commissioned officer sentenced by a court-martial to transportation, imprisonment, detention, field punishment or dismissal from the service shall be deemed to be reduced to the ranks.
SECTION 80: RETENTION IN THE RANKS OF A PERSON CONVICTED ON ACTIVE SERVICE
- When, on active service, any enrolled person has been sentenced by a court-martial to dismissal, or to transportation, imprisonment or detention, whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks and such service shall be reckoned as part of his term of transportation, imprisonment or detention, if any.
SECTION 81: PUNISHMENTS OTHERWISE THAN BY COURT MARTIAL
- Punishments may-also be inflicted in respect of offences committed by persons subject to this Act without the intervention of a court-martial and in the manner stated in sections 82-and86-
SECTION 82: PUNISHMENT OF PERSONS OTHER THAN OFFICERS AND WARRANT OFFICERS
- Subject to the provisions of section 84-, a commanding officer or such other officer as is, with the consent of the Central Government, specified by14[the Chief of the Air Staff], may, in the prescribed manner, proceed against a person subject to this Act otherwise than as an officer or warrant officer who is charged with an offence under this Act and award such person, to the extent prescribed, one or more of the following punishments, that is to say,-
(a) detention up to twenty-eight days;
(b) confinement to the camp up to fourteen days;
(c) extra guards or duties not exceeding three in number;
(d) deprivation of acting rank;
(e) forfeiture of badge pay;
(f) severe reprimand or reprimand;
(g) fine up to fourteen days' pay in any one month;
(h) penal deductions under clause (g) of section 92-;
(i) admonition;
(j) any prescribed field punishment up to twenty-eight days, in the case of a person on active service.
SECTION 83: REQUIREMENT OF SANCTION IN CERTAIN CASES
- ( 1 ) Subject to the provisions of sub-section (2), the punishments mentioned in section 82-shall not be inflicted in respect of an offence under any of the sections 34-,35-and36-when committed on active service or under any of the sections 37-,38-,40-,42 (f)-and (g),43-,47-,52-,60-,62-,63-,64-,66(a)-, (b) and (c) and71-except with the previous sanction in writing of an officer having power to convene a district court-martial.
(2) The said punishments may be awarded without such sanction in the case of any offence, other than an offence under section 34-orsection 71-, committed by persons who have not been enrolled as combatants.
SECTION 84: LIMIT OF PUNISHMENTS UNDER SECTION 82
- (1) An Award of punishment under section 82-shall not include field punishment in addition to one or more of the punishments specified in clauses (a) and (b) of that section.
(2) In the case of an award of two or more of the punishments specified in clauses (a), (b) and (c) of the said section, the punishment specified in clause (b) or clause (c) shall take effect only at the end of the punishment specified in clause (a).
(3) When two or more of the punishments specified in the said clauses (a) and (b) are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate forty-two days.
(4) The punishments specified in clauses (a), (b), (c), (e), (g) and (j ) of section 32-shall not be awarded to any person who is of the rank of non-commissioned officer or was, at the time of committing the offence for which he is punished, of such rank.
(5) The punishment specified in clause (f) of the said section shall not be awarded to any person below the rank of a non-commissioned officer
SECTION 85: PUNISHMENTS IN ADDITION TO THOSE SPECIFIED IN SECTION 82
-15[The Chief of the Air Staff] may, with the consent of the Central Government, specify such other punishments as may be awarded under section 82-in addition to or without any of the punishments specified in the said section, and the extent to which such other punishments may be awarded.
SECTION 86: PUNISHMENT OF OFFICERS AND WARRANT OFFICERS
- An officer having power to convene a general court-martial or such other officer as is, with the consent of the Central Government, specified by16[the Chief of the Air Staff] may, in the prescribed manner, proceed against an officer below the rank of squadron leader or warrant officer, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say,-
(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by a court-martial;
(b) severe reprimand or reprimand;
(c) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good but subject to the right of the accused specified in clause (a);
(d) forfeiture of pay and allowances for a period not exceeding three months for an offence under clause (e) of section 42-in so far as it consists of neglect to obey flying orders or under section 62-or section 63-.
SECTION 87: TRANSMISSION OF PROCEEDINGS
- In every case in which punishment has been awarded under section 86-, certified true copies of the proceedings, shall be forwarded, in the prescribed manner, by the officer awarding the punishment, to a superior air force authority as defined in section 89-
SECTION 88: REVIEW OF PROCEEDINGS
- If any punishment awarded under Sec. 86-appears to a superior air force authority as defined in section 89-to be illegal, unjust or excessive, such authority may cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case.
SECTION 89: SUPERIOR AIR FORCE AUTHORITY
- For the purposes of sections 87-and 88, a "superior air force authority" means-
(a) in the case of punishments awarded by a commanding officer, any officer superior in command to such commanding officer;
(b) in the case of punishments awarded by any other authority, the Central Government,17[the Chief of the Air Staff] or other officer specified by17[the Chief of the Air Staff].
SECTION 90: COLLECTIVE FINES
(1) Whenever any weapon or part of a weapon forming. part of the equipment of a unit or detachment is lost or stolen, the officer commanding such unit or detachment may, after obtaining the report of a Court of inquiry, impose a collective fine upon the warrant officers, non-commissioned officers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss or theft.
(2) Such fine shall be assessed as a percentage on the pay of the individuals oh whom it falls.
CHAPTER 08: PENAL DEDUCTIONS
SECTION 91: DEDUCTIONS FROM PAY AND ALLOWANCES OF OFFICERS
The following penal deductions may be made from the pay and allowances of an officer, that is to say,-
(a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to his commanding officer and has been approved by the Central Government;
(b) all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a criminal court or a court-martial or by an officer exercising authority under section 86-;
(c) any sum required to make good the pay of any person subject to this Act which he has
unlawfully retained or unlawfully refused to pay;
(d) any sum required to make good such Compensation for any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by the court martial by whom he is convicted of such offence, or by an officer exercising authority under section 86-;
(e) all pay and allowances ordered by a court-martial or an officer exercising authority under section 86-to be forfeited or stopped;
(f) any sum required to pay a fine awarded by a criminal court or a court-martial exercising jurisdiction under section 71-;
(g) any sum required to make good any loss, damage or destruction of public or service property which, after due investigation, appears to the Central Government to have been occasioned by the wrongful act or negligence on the part of the officer;
(h) all pay and allowances forfeited by order of the Central Government if the officer is found, by a court of inquiry constituted by18[the Chief of the Air Staff] in this behalf, to have deserted to the enemy, or while in enemy hands, to have served with, or under the orders of, the enemy or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy to have failed to rejoin his service when it was possible to do so;
(i) any sum required by order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the costs of any relief given by the said Government to the said wife or child.
SECTION 92: DEDUCTIONS FROM PAY AND ALLOWANCES OF AIRMEN
- Subject to the provisions of section 95-, the following penal deductions may be made from' the pay and allowances of an airman, that is to say,-
(a) all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of transportation or imprisonment awarded by a criminal, Court, or a court-martial, or of detention, or field punishment awarded by a court-martial or an officer exercising authority under section 82-:
(b) all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal Court or a court- martial, or on a charge of absence without leave for which he is afterwards awarded detention or field punishment by an officer exercising authority under section 82-;
(c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him;
(d) for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by order of the Central Government or by such officer as may be specified by that Government;
(e) all pay and allowances ordered by a court-martial or by an officer exercising authority under section 82-or86-to be forfeited or stopped;
(f) all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of, the enemy;
(g) any sum required to make-good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property as may be awarded by his commanding officer;
(h) any sum required to pay a fine awarded by a criminal Court, a court-martial exercising jurisdiction under section 71-, or an officer exercising authority under section 82-orsection 90-.
(i) any sum required by order of the Central Government or any prescribed officer to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child.
SECTION 93: COMPUTATION OF TIME OF ABSENCE OR CUSTODY
- For the purposes of clauses (a) and (b) of section 92--
(a) no person shall be treated as absent or in custody for a day unless the absence or custody has lasted, whether wholly in one day, of partly in one day and partly in another, for six consecutive hours or upwards;
(b) any absence or custody for less than a day may be reckoned as absence or custody for a day if such absence or custody prevented the absentee from fulfilling any air force duty which was thereby thrown upon some other person;
(c) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody;
(d) a period of absence, or imprisonment, which commences before and ends after midnight, may be reckoned as a day.
SECTION 94: PAY AND ALLOWANCES DURING TRIAL
- In the case of any person subject to this Act who is in custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his trial on the charge against him, in order to give effect to the provisions of clause (b) of sections 91-and92-
SECTION 95: LIMIT OF CERTAIN DEDUCTIONS
- The total deductions from the pay and allowances of a person made under clauses (e) and (g) to (i) of section 92-shall not, except where he is sentenced to dismissal, exceed in any one month one-half of his pay and allowances for that month.
SECTION 96: DEDUCTION FROM PUBLIC MONEY DUE TO A PERSON
- Any sum authorised by this Act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.
SECTION 97: PAY AND ALLOWANCES OF PRISONER OF WAR DURING INQUIRY INTO HIS CONDUCT
- Where the conduct of any person subject to this Act when being taken prisoner by, or while in the hands of, the enemy, is to be inquired into under this Act or any other law,19[the Chief of the Air Staff) or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquiry.
SECTION 98: REMISSION OF DEDUCTIONS
- Any deduction from pay and allowances, authorised by this Act may be remitted in such manner, and to such extent, and by such authority, as may from time to time be prescribed.
SECTION 99: PROVISION FOR DEPENDANTS OF PRISONER OF WAR FROM REMITTED DEDUCTIONS
- In the case of all persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under clause (h) of section 91-or clause (a) of section 92-, but in respect of whom a remission has been made under section 98-, it shall be lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for any dependants of such persons, and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances.
SECTION 100: PROVISION FOR DEPENDANTS OF PRISONER OF WAR FROM HIS PAY AND ALLOWANCES
- It shall be lawful for proper provision to be made by the prescribed authorities for any dependant of any person subject to this Act, who is a prisoner of war or is missing, out of his pay and allowances.
SECTION 101: PERIOD DURING WHICH A PERSON IS DEEMED TO BE A PRISONER OF WAR
- For the purposes of sections 99-and100-, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into his conduct such as is referred to in section 97-, and if he is cashiered or dismissed from the service in consequence of such conduct, until the date of such cashiering or dismissal.
CHAPTER 09: ARREST AND PROCEEDINGS BEFORE TRIAL
SECTION 102: CUSTODY OF OFFENDERS
- (1) Any person subject to this Act who is charged with an offence may be taken into air force custody.
(2) Any such person may be ordered into air force custody by any superior officer.
(3) Any officer may order into air force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder.
SECTION 103: DUTY OF COMMANDING OFFICER IN REGARD TO DETENTION
- (1) It shall be the duty of every commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable with due regard to the public service.
(2) Every case of a person being detained in custody beyond a period of forty- eight hours, and the reason thereof, shall be reported by the commanding officer to the air or other officer to whom application would be made to convene a general or district court-martial for the trial of the person charged.
(3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and public holidays shall be excluded.
(4) Subject to the provisions of this Act, the Central Government may make rules20providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in air force custody, pending the trial by any competent authority for any offence committed by him.
SECTION 104: INTERVAL BETWEEN COMMITTAL AND COURT MARTIAL
- In every case where any such person as is mentioned in section 102-and as is not on active service remains in such custody for a longer period than eight days, without a court-martial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed; and similar report shall be forwarded every eight days until a court martial is assembled or such person is released from custody.
SECTION 105: ARREST BY CIVIL AUTHORITIES
- Wherever any person subject to this Act, who is accused of any offence under this Act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to air force custody, of such person upon receipt of a written application to that effect signed by his commanding officer.
SECTION 106: CAPTURE OF DESERTERS
- (1) Whenever any person subject to this Act deserts, the commanding officer of the unit or detachment to which he belongs, shall give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter, when apprehended, into air force custody.
(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law.
SECTION 107: INQUIRY INTO ABSENCE WITHOUT LEAVE
- (1) When any person subject to this Act has been absent from his duty without due authority for a period of thirty days, a Court of inquiry shall, as soon as practicable, be assembled, and such Court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries, and if satisfied of the fact of such absence without due authority or other sufficient cause, the Court shall declare such absence and the period thereof, and the said deficiency, if any; and the commanding officer of the unit to which the person belongs shall enter in the court-martial book of the unit a record of declaration.
(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter.
SECTION 108: PROVOST MARSHALS
- (1) Provost-marshals may be appointed by21[the Chief of the Air Staff], or by any prescribed officer.
(2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the Air Force.
(3) A provost-marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a court-martial, or by an officer exercising authority under section 82-but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.
(4) For the purposes of sub-sections (2) and (3), a provost-marshal shall be deemed to include a provost-marshal appointed under the Army Act-or the Navy Act-and any person legally exercising authority under him or on his behalf.
CHAPTER 10: COURTS MARTIAL
SECTION 109: DIFFERENT KINDS OF COURTS MARTIAL
- For purposes of this Act there shall be three kinds of courts-martial, that is to say,-
(a) general courts-martial.
(b) district courts-martial.
(c) summary general courts-martial.
SECTION 110: POWER TO CONVENE A GENERAL COURT MARTIAL
- A general court-martial may be convened by the Central Government or 22[the Chief of the Air Staff] or by any officer empowered in this behalf by warrant of22[the Chief of the Air Staff].
SECTION 111: POWER TO CONVENE A DISTRICT COURT MARTIAL
- A district court-martial may be convened by an officer having power to convene a general court martial, or by any officer empowered in this behalf by warrant of any such officer.
SECTION 112: CONTENTS OF WARRANTS ISSUED UNDER SECTIONS 110 AND 111
- A warrant issued under section 110-orsection 111-may contain such restrictions, reservations or conditions as the officer issuing it may think fit.
SECTION 113: POWER TO CONVENE A SUMMARY GENERAL COURT MARTIAL
- The following authorities shall have the power to convene a summary general court-martial, 'namely:-
(a) an officer empowered in this behalf by an order of the Central Government or of23[the Chief of the Air Staff]; . ,
(b) on active service, the officer commanding the forces in the field, or any officer empowered by him in this behalf;
(c) an officer commanding any detached portion of the Air Force on active service when, in his opinion, it is not practicable with due regard to discipline and the exigencies of the service, that an offence should be tried by a general court-martial. .
SECTION 114: COMPOSITION OF GENERAL COURT MARTIAL
- A general court-martial shall consist of not less than five officers, each of whom has held a commission for. not less than three whole years and of whom not less than four are of a rank not below that of flight lieutenant,
SECTION 115: COMPOSITION OF DISTRICT COURT MARTIAL
- A district court-martial shall consist of not less than three officers, each of whom has held a commission for not less than two whole years. ,
SECTION 116: COMPOSITION OF SUMMARY GENERAL COURT MARTIAL
-A summary general court-martial shall consist of not less than three officers.
SECTION 117: DISSOLUTION OF COURT MARTIAL
- (1) If a court-martial after the commencement of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved.
(2) If, on account of the illness of the judge advocate or of the accused before the finding it is impossible to continue the trial, a court-martial shall be dissolved.
(3) The officer who convened a court-martial may dissolve such court-martial if it appears to him that the exigencies of the service or the necessities of discipline render it impossible or inexpedient to continue the said court-martial.
(4) Where a court-martial is dissolved under this section, the accused may be tried again.
SECTION 118: POWERS OF GENERAL AND SUMMARY GENERAL COURTS MARTIAL
- A general or summary general court-martial shall have power to try any person subject to this Act for any offence punishable therein and to pass any sentence authorised thereby.
SECTION 119: POWERS OF DISTRICT COURT MARTIAL
-A district court-martial shall have power to try any person subject to this Act other than an officer or warrant officer for any offence made punishable therein, and to pass any sentence authorised by this Act other than a sentence of death, transportation, or imprisonment for a term exceeding two years.
SECTION 120: PROHIBITION OF SECOND TRIAL
- When any person subject to this Act has been acquitted or convicted of an offence by a court-martial or by a criminal court, or has been dealt with under section 82-orsection 86- he shall not be liable to be tried again for the same offence by a court-martial or dealt with under the said sections.
SECTION 121: PERIOD OF LIMITATION FOR TRIAL
- (1) Except as provided by sub-sec. (2), no trial by court-martial of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years from the date of such offence.
(2) The provisions of sub-section(1) shall not apply to a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37-.
(3) In the computation of the period of time mentioned in sub-section (1) any time spent by such person as a prisoner of war, or in enemy territory, or in evading arrest after the commission of the offence, shall be excluded.
(4) No trial for an offence of desertion, other than desertion of active service or of fraudulent enrolment shall be commenced if the person in question, not being an officer, has subsequently to the commission of the offence, served continuously in an [exemplary manner for not less than three years with any portion of the Air Force.
SECTION 122: LIABILITY OF OFFENDER WHO CEASES TO BE SUBJECT TO ACT
- (1) Where an offence under this Act had been committed by any person while subject to this Act and he has ceased to be so subject, he may be taken into and kept in air force custody, and tried and punished for such offence as if he continued to be so subject.
(2) Except as provided by sub-sections (3) and (4), any such person shall not be tried .for an offence, unless his trial commences within six months after he had ceased to be subject to this Act.
(3) The provisions of sub-section (2) shall not apply to the trial of any such person for an offence, of desertion or fraudulent enrolment or for any of the offences mentioned in section 37-.
(4) Nothing contained in sub-section (2) shall affect the jurisdiction of a Civil Court to try any offence triable by such Court as well as by a court-martial.
(5) When a person subject to this Act is sentenced by a court-martial to transportation or imprisonment, this Act shall apply to him during the term of his sentence, though he is cashiered or dismissed from the Air Force, or has otherwise ceased to be subject to this Act and he may be kept removed, imprisoned and punished as if he continued to be subject to this Act.
(6) When a person subject to this Act is sentenced by a court-martial to death, this Act shall apply to him till the sentence is carried out.
SECTION 123: PLACE OF TRIAL
- Any person subject to this Act who commits any offence against it may be tried and punished for such offence in any place whatever.
SECTION 124: CHOICE BETWEEN CRIMINAL COURT AND COURT MARTIAL
- When a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of24[the Chief of the Air Staff], the officer commanding any group, wing or station in which the accused prisoner is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted before a court-martial, to direct that the accused person shall be detained in Air force custody.
SECTION 125: POWER OF CRIMINAL COURT TO REQUIRE DELIVERY OF OFFENDER
- (1) When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 124-at his option, either to deliver over the offender to the nearest Magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the Central Government.
(2) In every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the Central Government whose order upon such reference shall be final.
SECTION 126: SUCCESSIVE TRIALS BY A CRIMINAL COURT AND A COURT MARTIAL
-(1) A person convicted or acquitted by a court-martial may, with the previous sanction of the Central Government, be tried again by a criminal court for the same offence, or on the same facts.
(2) If a person sentenced by a court-martial under this Act or punished under section 82-orsection 86-is afterwards tried and convicted by a criminal court for the same offence or on the same facts, that court shall in awarding punishment have regard to the punishment he may already have undergone for the said offence.
CHAPTER 11: PROCEDURE OF COURTS MARTIAL
SECTION 127: PRESIDING OFFICER
- At every general, district or summary general court- martial the senior member shall be the presiding officer,
SECTION 128: JUDGE ADVOCATE
- Every general court-martial shall, and every district or summary general court-martial may, be attended by a Judge Advocate, who shall be either an officer belonging to the department of the Chief Legal Adviser or if no such officer is available, an officer approved by the Chief Legal Adviser or any of his deputies.
SECTION 129: CHALLENGES
- (1) At all trials by general, district or summary general courts-martial, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused who shall thereupon be asked whether he objects to being tried by any officer sitting on the court.
(2) If the accused objects to any such officer, his objection and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer decide on the objection.
(3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer, subject to the same right of the accused to object.
(4) When no challenge is made, or when challenge has been made and disallowed or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.
SECTION 130: OATHS OF MEMBER, JUDGE ADVOCATE AND WITNESS
- (1) An oath or affirmation in the prescribed manner shall be administered to every member of every court-martial and to the Judge advocate before the commencement of the trial.
(2) Every person giving evidence before a court-martial shall be examined after being duly sworn or affirmed in the prescribed form.
(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the court-martial is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation.
SECTION 131: VOTING BY MEMBERS
- (1) Subject to the provisions of sub-sections (2) and (3), every decision of a court-martial shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused.
(2) In matters other than a challenge or the finding or sentence, the presiding officer shall have a casting vote.
SECTION 132: GENERAL RULE AS TO EVIDENCE
-The Indian Evidence Act, 1872-, shall subject to the provisions of this Act, apply to all proceedings before a court-martial.
SECTION 133: JUDICIAL NOTICE
- A court-martial may take judicial notice of any matter within the general air force knowledge of the members.
SECTION 134: SUMMONING WITNESSES
- (1) The convening officer, the presiding officer of a court-martial, the Judge advocate or the commanding officer of the accused person, may, by summons under his hand, require the attendance at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing,
(2) In the case of a witness amenable to air force authority, the summons shall be sent to his commanding officer and such officer shall serve it upon him accordingly.
(3) In the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness were required in the court of such magistrate.
(4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision.
SECTION 135: DOCUMENTS EXEMPTED FROM PRODUCTION
- (1) Nothing in section 134-shall be deemed to affect the operation of sections 123-and124 of the Indian Evidence Act, 1872-, or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities.
(2) If any document in such custody is, in the opinion of any district magistrate, chief presidency magistrate, High Court or court of session, wanted for the purpose of any court-martial such magistrate or court may- require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate or court may direct.
(3) If any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause search to be made for and to detain such document pending the orders of any such district magistrate, chief presidency magistrate or High Court or Court of Session.
SECTION 136: COMMISSIONS FOR EXAMINATION OF WITNESSES
- (1) Whenever, in the course of a trial by court-martial, it appears to the Court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable such court may address the Chief Legal Adviser in order that a commission to take the evidence of such witness may be issued.
(2) The Chief Legal Adviser may then, if he thinks necessary, issue a commission to any district magistrate or magistrate of the first class, within the local limits of whose jurisdiction such witness resides to take the evidence of such witness.
(3) The Magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he or such magistrate of the first-class as he appoints, in this behalf, shall proceed to the place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant cases under the Code of Criminal Procedure, 1898, or any corresponding law in force in '[the State of Jammu and Kashmir].
(4) When the witness resides in a tribal area or in any place outside India the commission may be issued in the manner specified in Chapter 40 of the Code of Criminal Procedure, 1898, or of any corresponding law in force in25[the State of Jammu and Kashmir].
(5) In this and the next succeeding section, the expression "Chief Legal Adviser" includes a Deputy Chief Legal Adviser.
SECTION 137: EXAMINATION OF A WITNESS ON COMMISSION
(1) The prosecutor and the accused person in any case in which a commission is issued under section 136-may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the Magistrate or officer executing the commission shall examine the witness upon such interrogatories.
(2) The prosecutor and the accused person may appear before such magistrate or officer by counsel or except in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine, as the case may be, the said witness.
(3) After a commission issued under section 136-has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Chief Legal Adviser.
(4) On receipt of a commission and deposition returned under sub-section (3), the Chief Legal Adviser shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court convened for the trial of the accused person, and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court.
(5) In every case in which a commission is issued under section 136-the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.
SECTION 138: CONVICTION OF OFFENCE NOT CHARGED
- (1) A person charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave.
(2) A person charged before a court-martial with attempting to desert may be found guilty of being absent without leave.
(3) A person charged before a court-martial with using criminal force may be found guilty of assault.
(4) A person charged before a court-martial with using threatening language may be found guilty of using insubordinate language.
(5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b), (c) and (d) of section 52-may be found guilty of any other of these offences with which he might have been charged.
(6) A person charged before a court-martial with an offence punishable under section 71-may be found guilty of any other offence of which he might have been found guilty if the provisions of the Code of Criminal Procedure, 1898were applicable.
(7) A person charged before a court-martial with any offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment be found guilty of the same offence as having been committed in circumstances involving a less severe punishment.
(8) A person charged before a court-martial with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence although the attempt or abetment is not separately charged.
SECTION 139: PRESUMPTION AS TO SIGNATURES
- In any proceeding under this Act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the Government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown.
SECTION 140: ENROLMENT PAPER
- (1) Any enrolment paper purporting to be signed by an enrolling officer shall in proceedings under this Act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given.
(2) The enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper.
SECTION 141: PRESUMPTION AS TO CERTAIN DOCUMENTS
- (1) A letter, return or other document respecting the service of any person in, or the cashiering, dismissal or discharge of any person from, any portion of the Air Force, or respecting the circumstance of any person not having served in, or belonged to, any portion of the Forces, if purporting to be signed by or on behalf of the Central Government or26[the Chief of the Air Staff], or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document.
(2) An Army, Navy or Air Force List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers or warrant officers therein mentioned, and of any appointment held by them and of the unit or branch of the services to which they belong.
(3) Where a record is made in any service book in pursuance of this Act or of any rules made thereunder or otherwise in pursuance of air force duty and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated.
(4) A copy of any record in any service book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record.
(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered-himself into the custody of any officer or other person subject to this Act, or any portion of the Air Force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of the portion of the Air Force, or by the commanding officer of the unit, or detachment to which such person belongs, as the case may be, and stating the fart, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated.
(6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of or has been apprehended by, a police officer not below the rank of an officer-in-charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and the manner in which be was dressed shall be evidence, of the matters so stated.
(7) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding under this Act.
SECTION 142: REFERENCE BY ACCUSED TO GOVERNMENT OFFICER
- (1) If at any trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the person tried states in his defence any sufficient or reasonable excuse for his unauthorised absence and refers in support thereof to any officer in the service, of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received.
(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court.
(3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial.
SECTION 143: EVIDENCE OF PREVIOUS CONVICTIONS AND GENERAL CHARACTER
- (1) When any person subject to this Act has been convicted by a court-martial of any offence, such court-martial may inquire into and receive and record evidence of any previous convictions of such person, either by a court-martial or by a criminal court or any previous award of punishment under section 82-orsection 86-and may further enquire into and record the general character of such person and such other matters as may be prescribed.
(2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, court-martial books or other official records, and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received.
SECTION 144: LUNACY OF ACCUSED
- (1) Whenever, in the course of a trial by a court- martial, it appears to the court that the person charged is by reason of unsoundness of mind 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 knowing that it was wrong or contrary to law, the court shall record a finding accordingly.
(2) The presiding officer of the court shall forthwith report the case to the confirming officer.
(3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another court-martial for the offence with which he was charged.
(4) A confirming officer confirming a finding in any case so reported to him under sub-section (2) shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government.
(5) On receipt of a report under sub-section (4) the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.
SECTION 145: SUBSEQUENT FITNESS OF LUNATIC ACCUSED FOR TRIAL
- When any accused person having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 144-, the officer commanding a unit or detachment within the area of whose command the accused is in custody or is detained, or any other officer prescribed in this behalf, may-
(a) If such person is in custody under sub-section (4) of section 144-, on the report of a medical officer that he is capable of making his defence, or
(b) if such person is detained in a jail under sub-section (5) of section 144-, on a certificate of the Inspector-General of Prisons and if such person is detained in a lunatic asylum under the said subsection on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence take steps to have such person tried by the same or another court-martial for the offence with which he was originally charged, or, if the offence is a civil offence, by a criminal court.
SECTION 146: TRANSMISSION TO CENTRAL GOVERNMENT OF ORDERS UNDER SECTION 145
- A copy of every order made by an officer under section 145-for the trial of the accused shall forthwith be sent to the Central Government.
SECTION 147: RELEASE OF LUNATIC ACCUSED
- Where any person is in custody under sub-section (4) of section 144-or under detention under subsection (5) of that section-
(a) if such person is in custody under the said sub-section (4), on the report of a medical officer, or
(b) if such person is detained under the said sub-section (5), on a certificate from any of the authorities mentioned in clause (b) of section 145-that, in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the Central Government may order that such person be released, or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum.
SECTION 148: DELIVERY OF LUNATIC ACCUSED TO RELATIVES
- Where any relative or friend of any person who is in custody under sub-section (4) of section 144-or under detention under sub-section (5) of that section desires that he should be delivered to his care and custody, the Central Government may upon application by such relative or friend and on his giving security to the satisfaction of that Government that the person delivered shall be properly taken care of and prevented from doing injury to himself or any other person, and be produced for the inspection of such officer, and at such times and places, as the Central Government may direct, order such person to be delivered to such relative or friend.
SECTION 149: ORDER FOR CUSTODY AND DISPOSAL OF PROPERTY PENDING TRIAL
- When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a court-martial during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
SECTION 150: ORDER FOR DISPOSAL OF PROPERTY REGARDING WHICH OFFENCE IS COMMITTED
- (1) After the conclusion of a trial before any court-martial, the court or the officer confirming the finding or sentence of such court-martial or any authority superior to such officer, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person, claiming to be entitled to possession thereof, or otherwise of any property or document produced before the Court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence.
(2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such Magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the Code of Criminal Procedure, 1898, or any corresponding law in force in27[the State of Jammu and Kashmir].
(3) In this section the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.
SECTION 151: POWERS OF COURT MARTIAL WHEN CERTAIN OFFENCES ARE COMMITTED BY PERSONS NOT SUBJECT TO THIS ACT
- Any trial by a court-martial under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193-and228 of the Indian Penal Code-, and the court-martial shall be deemed to be a Court within the meaning of sections 480and482 of the Code of Criminal Procedure, 1898
CHAPTER 12: CONFIRMATION AND REVISION
SECTION 152: FINDING AND SENTENCE NOT VALID, UNLESS CONFIRMED
- No finding or sentence of a general, district or summary general court-martial shall be valid except so far as it may be confirmed as provided by this Act.
SECTION 153: POWER TO CONFIRM FINDING AND SENTENCE OF GENERAL COURT MARTIAL
- The findings and sentences of general courts-martial may be confirmed by the Central Government, or by any officer empowered in this behalf by warrant of the Central Government.
SECTION 154: POWER TO CONFIRM FINDING AND SENTENCE OF DISTRICT COURT MARTIAL
- The findings and sentences of district court-martial may be confirmed by any officer having power to convene a general court-martial or by any officer empowered in this behalf by warrant of such officer.
SECTION 155: LIMITATION OF POWERS OF CONFIRMING AUTHORITY
- A warrant issued under section 153-orsection 154-may contain such restrictions, reservations or conditions as the authority issuing it may think fit.
SECTION 156: POWER TO CONFIRM FINDING AND SENTENCE OF SUMMARY GENERAL COURT MARTIAL
The findings and sentences of summary general courts-martial may be confirmed by the convening officer or if he so directs, by an authority superior to him.
SECTION 157: POWER OF CONFIRMING AUTHORITY TO MITIGATE, REMIT OR COMMUTE SENTENCES
(1) Subject to such restrictions, reservations or conditions as may be contained in any warrant issued under section 153-orsection 154-and to the provisions of sub- sections (2) and (3), a confirming authority may, when confirming the sentence of a court-martial, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 73-.
(2) A sentence of transportation shall not, be commuted for a sentence of imprisonment or detention for a term exceeding the term of transportation awarded by the court.
(3) A sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded by the court.
SECTION 158: CONFIRMING OF FINDINGS AND SENTENCES ON BOARD A SHIP
- When any person subject to this Act is tried and sentenced by a court-martial while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.
SECTION 159: REVISION OF FINDING OR SENTENCE
- (1) Any finding or sentence of a court- martial may be once revised by order of the confirming authority and on such revision, the court, if so directed by the confirming authority, may take additional evidence.
(2) The court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent.
(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general court martial, it still consists of five officers, or if a summary general or district court-martial, of three officers.
SECTION 160: ALTERATION OF FINDING OR SENTENCE IN CERTAIN CASES
(1) Where a finding of guilty by a court-martial, which has been confirmed, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 177-to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the offence.
(2) Where a sentence passed by a court-martial which has been confirmed not being a sentence passed in pursuance of a new finding substituted under sub- section (1), is found for any reason to be invalid, the authority referred to in sub- section (1) may pass a valid sentence.
(3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of the punishment awarded by the sentence for which a new sentence is substituted under this section.
(4) Any finding substituted, or any sentence passed, under this section shall for the purposes of this Act and the rules made thereunder have effect as if it were a finding or sentence, as the case may be, of a court-martial.
SECTION 161: REMEDY AGAINST ORDER, FINDING OR SENTENCE OF COURT MARTIAL
- (1) Any person subject to this Act who considers himself aggrieved by any order passed by a court-martial may present a petition to the officer or authority empowered to confirm any finding or sentence of such court-martial, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates.
(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of a court-martial which has been confirmed, may present a petition to the Central Government,28[the Chief of the Air Staff]or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government,28[the Chief of the Air Staff] or other officer, as the case may be, may pass such order thereon as it or he thinks fit.
SECTION 162: ANNULMENT OF PROCEEDINGS
- The Central Government, 29[the Chief of the Air Staff) or any prescribed officer may annul the proceedings of any court-martial on the ground that they are illegal or unjust.
CHAPTER 13: EXECUTION OF SENTENCES
SECTION 163: FORM OF SENTENCE OF DEATH
- In awarding a sentence of death, a court- martial shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead or shall suffer death by being shot to death.
SECTION 164: COMMENCEMENT OF SENTENCE OF TRANSPORTATION OR IMPRISONMENT
- When- ever any person is sentenced by a court-martial under this Act to transportation, imprisonment or detention the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer.
SECTION 165: EXECUTION OF SENTENCE OF TRANSPORTATION
- Whenever any sentence of transportation is passed under this Act or whenever any sentence of death be commuted to transportation, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer-in-charge of the civil prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.
SECTION 166: EXECUTION OF SENTENCE OF IMPRISONMENT
- (1) Whenever any sentence of imprisonment is passed under this Act or whenever any sentence of death or transportation is commuted to imprisonment, the confirming officer or such other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) and (4), direct either that the sentence shall be carried out by confinement in a military or air force prison or that it shall be carried out by confinement in a civil prison.
(2) When a direction has been made under sub-section (1) the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer-in-charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.
(3) In the case of a sentence of imprisonment for a period not exceeding three months, the officers referred to in sub-section (1) may direct that the sentence shall be carried out by confinement in air force custody instead of in a civil or military or air force prison.
(4) On active service, a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may, from time to time, appoint.
SECTION 167: TEMPORARY CUSTODY OF OFFENDER
- Where a sentence of transportation or- imprisonment is directed to be undergone in a civil prison, the offender may be kept in military or air force custody or in any other fit place, till such time as it is possible to send him to a civil prison.
SECTION 168: EXECUTION OF SENTENCE OF IMPRISONMENT IN SPECIAL CASES
- Whenever, in the opinion of an air or other officer commanding a group, any sentence or portion of a sentence of imprisonment cannot for special reasons coveniently be carried out in a military or air force prison or in air force custody in accordance with the provisions of section 166-such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.
SECTION 169: CONVEYANCE OF PRISONER FROM PLACE TO PLACE
- A person under sentence of transportation or imprisonment may, during his conveyance from place to place, or when on board a ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal.
SECTION 170: EXECUTION OF SENTENCE OF DETENTION
- Whenever any sentence of detention is passed under this Act, or whenever any sentence of death, transportation or imprisonment is commuted to detention, the sentence shall be carried out by detaining the offender in any military or air force detention barracks, detention cells or other military or air force custody; and when the sentence is to be carried out by detention in any military or air force detention barracks, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer-in-charge of the detention barracks in which the person under sentence is to be detained and shall forward the person under sentence to such detention barracks with the warrant.
SECTION 171: COMMUNICATION OF CERTAIN ORDERS TO PRISON OFFICERS
- Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil, military or air force prison or detained in a military or air force detention barracks, a warrant in accordance with such order shall be forwarded by the officer making the order, or his staff officer, or such other person as may be prescribed, to the officer in charge of the prison or detention barracks in which such person is confined.
SECTION 172: EXECUTION OF SENTENCE OF FINE
- When a sentence of fine is imposed by a court-martial under section 71-whether the trial was held within India or not, a copy of such sentence, signed and certified by the confirming officer may be sent to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898, or any corresponding law in force in30[the State of Jammu and Kashmir], for the levy of fines as if it were a sentence of fine imposed by such Magistrate.
SECTION 173: ESTABLISHMENT AND REGULATION OF AIR FORCE PRISONS
- The Central Government may set apart any building or part of a building, or any place under its control, as an air force prison or detention barracks for the confinement of persons sentenced to imprisonment or detention under this Act.
SECTION 174: INFORMALITY OR ERROR IN THE ORDER OR WARRANTS
- Whenever a person is sentenced to transportation, imprisonment or detention under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly.
SECTION 175: POWER TO MAKE RULES IN RESPECT OF PRISONS AND PRISONERS
- The Central Government may make rules providing-
(a) for the government, management and regulation of air force prisons and detention barracks;
(b) for the appointment, removal and power of inspectors, visitors, governors and officers thereof;
(c) for the labour of prisoners undergoing confinement therein, and for enabling such prisoners or persons to earn by special industry and good conduct, a remission of a portion of their sentence;
(d) for the safe custody of such prisoners or persons and the maintenance of discipline among them and the punishment, by personal correction, restraint or otherwise, of offences committed by them;
(e) for the application to air force prisons or detention barracks of any of the provisions of the Prisons Act, 1894 (9 of 1894)-, relating to the duties of officers of prisons and the punishment of persons not being prisoners;
(f) for the admission into any prison, at proper times and subject, to proper restrictions, of persons with whom prisoners may desire to communicate, and for the consultation by prisoners under trial with their legal advisers without the presence as far as possible of any third party within hearing distance.
SECTION 176: RESTRICTION OF RULE MAKING POWER IN RESPECT TO CORPORAL PUNISHMENT
- Rules made under section 175-shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under any law for the time being in force relating to civil prisons in India.
CHAPTER 14: PARDONS, REMISSIONS AND SUSPENSIONS
SECTION 177: PARDON AND REMISSION
- When any person subject to this Act has been convicted by a court-martial of any offence, the Central Government,31[the Chief of the Air Staff], an air or other officer commanding a group or the prescribed officer, may-
(a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or
(b) mitigate the punishment awarded; or
(c) commute such punishment for any less punishment or punishments mention- ed in this Act:
Provided that a sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the court; and a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment so awarded;
(d) either with or without conditions which the person sentenced accepts, release the person on parole.
SECTION 178: CANCELLATION OF CONDITIONAL PARDON, RELEASE ON PAROLE OR REMISSION
- (1) If any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of the Court shall be carried into effect as if such pardon, release or remission had not been granted.
(2) A person whose sentence of transportation, imprisonment or detention is carried into effect under the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence.
SECTION 179: REDUCTION OF WARRANT OFFICER OR NON COMMISSIONED OFFICER
- When under the provisions of section 79-awarrant officer or anon-commissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purpose of section 177-, be treated as a punishment awarded by a sentence of a court-martial.
SECTION 180: SUSPENSION OF SENTENCE OF TRANSPORTATION, IMPRISONMENT OR DETENTION
- (1) Where a person subject to this Act is sentenced by a court-martial to transportation, imprisonment or detention, the Central Government, 32[the Chief of the Air Staff] or any officer empowered to convene a general or a summary general court-martial may suspend the sentence whether or not the offender has already been committed to prison or to air force custody.
(2) The authority or officer specified in sub-section (1) may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or to air force custody.
(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted.
SECTION 181: ORDERS PENDING SUSPENSION
- A confirming officer may, when confirming any sentence referred to in section 180-, direct that the offender be not committed to prison or to air force custody until the orders of the authority or officer specified in section 180-have been obtained.
SECTION 182: RELEASE ON SUSPENSION
- Where a sentence is suspended under section 180-, the offender shall forthwith be released from custody.
SECTION 183: COMPUTATION OF PERIOD OF SUSPENSION
- Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.
SECTION 184: ORDER AFTER SUSPENSION
- The authority or officer specified in section 180-, at any time while a sentence is suspended, order-
(a) that the offender be committed to undergo the unexpired portion of the sentence, or
(b) that the sentence be remitted.
SECTION 185: RECONSIDERATION OF CASE AFTER SUSPENSION
(1) Where a sentence has been suspended, the case may at any time, and shall, at intervals of not more than four months, be reconsidered by the authority or officer specified in section 180-, or by any air or other officer not below the rank of squadron leader duly authorised by the authority or officer specified in section 180-.
(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 180-.
SECTION 186: FRESH SENTENCE AFTER SUSPENSION
Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then-
(a) if the further sentence is also suspended under this Act, the two sentences shall run
concurrently;
(b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or air force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and
(c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 184-orsection 185-, continue to be suspended.
SECTION 187: SCOPE OF POWER OF SUSPENSION
- The powers conferred by sections 180-and 184 shall be in addition to and not in derogation of, the power of mitigation, remission and commutation.
SECTION 188: EFFECT OF SUSPENSION AND REMISSION ON DISMISSAL
(1) Where in addition to any other sentence the punishment of dismissal has been awarded by a court- martial, and such other sentence is suspended under section 180-, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 180-.
(2) If such other sentence is remitted under section 184-, the punishment of dismissal shall also be remitted.
SECTION 189: POWER TO MAKE RULES
(1) The Central Government may make rules33for the purpose of carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of the power conferred by sub-section (1), the rules made thereunder may provide for-
(a) the removal, retirement, release or discharge from the service of persons subject to this Act;
(b) the amount and incidence of fines to be imposed under section 90-;
(c) the specification of the punishment which may be awarded as field punishments under sections 77- and82-;
(d) the assembly and procedure of Courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such Courts;
(e) the convening and constituting of courts-martial and the appointment of prosecutors at trials by courts-martial;
(f) the adjournment, dissolution and sitting of courts-martial;
(g) the procedure to be observed in trials by courts-martial and the appearance of legal practitioners thereat;
(h) the confirmation, revision and annulment of, and petitions against the findings and sentences of courts-martial;
(i) the carrying into effect of sentences of courts-martial;
(j) the forms of orders to be made under the provisions of this Act relating to courts-martial, transportation, imprisonment and detention;
(k) the constitution of authorities, to decide for what persons, to what amounts and in what manner, provision should be made for dependents under section 100-and the due carrying out of such decisions;
(1) the relative rank of the officers, junior commissioned officers, .warrant officers, petty officers and non-commissioned officers of the regular Army, Navy and Air Force when acting together;
(m) any other matter directed by this Act to be prescribed.
SECTION 190: POWER TO MAKE REGULATIONS
- The Central Government may make regulations for all or any of the purposes of this Act other than those specified in section 189-
SECTION 191: PUBLICATION OF RULES AND REGULATIONS IN GAZETTE
- All rules and regulations made under this Act shall be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Act.
SECTION 191A: LAYING OF RULES AND REGULATIONS BEFORE PARLIAMENT
- Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.]
SECTION 192: REPEAL
- [Repealed by the Repealing and Amending Act, (36 of 1957), S. 2 and Sch. 1 (17-9-1957).]
CHAPTER 16: TRANSITORY PROVISIONS
SECTION 193: DEFINITION OF "BRITISH OFFICER
".-(1) In this Chapter "British officer" means a person of non-Indian domicile holding a commission in His Majesty's Air Force and serving in the Air Force.
(2) The expression "superior officer" in this Act shall be deemed to include a British officer.
SECTION 194: POWERS OF BRITISH OFFICER
- A British officer shall have all the powers conferred by this Act on an officer of corresponding rank or holding a corresponding appointment.
AIR FORCE RULES, 1969
S.R.O. 310, dated the 24th September, 1969.- In exercise of the powers conferred by section 189of the Air Force Act, 1950 (45 of 1950) and in supersession of the Indian Air Force Act, Rules published with the notification of the Government of India No. 248, dated the 29th April, 1933, and the Air Force Rules, 1950, published with the notification of the Government of India in the Ministry of Defence No. S.R.O. 126, dated 22nd July, 1950, the Central Government hereby makes the following rules, namely:-
CHAPTER 01: PRELIMINARY
RULE 01: SHORT TITLE
- (1) These rules may be called the Air Force Rules, 1969.
1(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
RULE 02: DEFINITIONS
- In these rules, unless the context otherwise requires,-
(a) "The Act" means the Air Force Act, 1950;
(b) "Form" means a Form set forth in the Schedule;
(c) "minor punishment" means punishment inflicted without the intervention of the court martial under section 82 or section 86;
(d) "proper air force authority" when used in relation to any power, duty, act or matter means such air force authority as, in pursuance of the Act or these rules or the regulations for the air force or the usages of the service, exercises or performs that power or duty or is concerned with the act or matter;
(e) "Schedule" means a Schedule appended to these rules;
(f) "section" means a section of the Act.
RULE 03: REPORTS AND APPLICATIONS
- Any report or application directed by these rules shall be made to a superior authority, or proper air force authority, shall be made inwriting through the proper channel, unless the authority on account of agencies of the service or otherwise, dispenses with the writing.
RULE 04: FORMS SET FORTH IN SCHEDULE
- (1) The Forms with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient, but a deviation from such forms shall be, by reason only of such deviation, render any charge, warrant, order, proceedings or other document invalid.
(2) An omission of any such Form shall not, by reason only of such omission render any act or thing invalid.
(3) The notes to, and instructions in, the Forms shall be considered as instructions which it is expedient to follow in all cases to which such notes and instructions apply, but shall not have the force of the rules.
RULE 05: EXERCISE OF POWER VESTED IN HOLDER OF AIR FORCE APPOINTMENT
- Any power or jurisdiction conferred on, and any act or thing to be done by, to or before any person holding any air force appointment may be exercised by, lo or done by, or before any other person for the time being authorised in that behalf according lo the usages of the service.
RULE 06: CASES UNPROVIDED FOR
- In any case not provided for by these rules such cases shall be adopted as appears best calculated to do justice.
CHAPTER 02: ENROLMENT AND ATTESTATION
RULE 07: ENROLLING OFFICERS AND FORM OF ENROLMENT
- (1) The following officers shall be enrolling officers for the purposes of sections 13 and 14, namely:-
(a) all recruiting ofFicers;
(b) all assistant recruiting ofFicers;
(c) the Officer Commanding a unit of the Air Force.
(2) The Forms of enrolment set forth in the First Schedule are prescribed for the purposes ofsection 13-andsection 14-.
RULE 08: PERSONS TO BE ATTESTED
- All combatants shall, when reported Fit for the duties of their trade, be attested as provided insection 16-
RULE 09: OATH OR AFFIRMATION TO BE TAKEN ON ATTESTATION
- (1) The oath or affirmation to be taken on attestation shall be in one of the following form or in such other forms to the same purport as the attesting officer ascertains lo be in accordance with the religion of the person lo be allesled, or otherwise binding on his conscience. 'Form of Oath I.................. do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established and that I will, as in duty bound honestly and faithfully serve in the Air Force of the Union of India, and go wherever ordered by air, land or sea, 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 of Affirmation I.................. do solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully serve in the Air Force of the Union of India and go wherever ordered by air land, or sea, 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.
(2) The oath or affirmation prescribed in this rule shall, whenever practicable be administered by the commanding officer of the person to be attested or in the presence of such commanding officer by a person empowered by him to administer it in the manner described insection 17-. If it is not so administered, it may be administered by a magistrate, a recruiting officer or an assistant recruiting officer.
CHAPTER 03: DISMISSALS, DISCHARGES, ETC
RULE 10: DISCHARGE NOT TO BE DELAYED
- 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 a person shall not be so entitled to be discharged during the period during which the Central Government, by a notification in this behalf suspends the entitlement to discharge in respect either of all the persons enrolled under the Act, or of any class of such persons to which he belongs.]
RULE 11: DISCHARGE CERTIFICATE
- A certificate furnished in accordance with the provisions ofsection 23-hereinafter called a "discharge certificate", may be so furnished either by personal delivery thereof by or on behalf of the commanding officer to the person dismissed, removed, discharged, retired or released or by its transmission by registered post to such person.
RULE 12: DATE FROM WHICH RETIREMENT, DISCHARGE, RELEASE, REMOVAL OR DISMISSAL OTHERWISE THAN BY SENTENCE OF A COURT MARTIAL TAKES EFFECT
- (1) The dismissal of a person subject to the Act, whose dismissal otherwise than by sentence of court martial is duly authorised, or the retirement, discharge, release or removal of a person so subject, whose retirement, discharge, release or removal, as the case may be, is duly authorised, shall be carried out by the commanding officer of such person with all convenient speed. The competent authority may, when authorising the dismissal, retirement, discharge, release or removal, specify any future date from which it shall take effect: Provided that if no such date is specified, it shall take effect from the date on which it was duly authorised, or from the date on which the dismissed, retired, discharged, released or removed person ceased to do air force duty, whichever is later.
(2) The retirement, removal, release, discharge or dismissal of a person subject to the Act shall not be retrospective.
RULE 13: RELEASE
- A person subject to the Act may be released from the air force in accordance with these rules, or in accordance with any orders or instructions made in that behalf by or under the authority of the Central Government.
RULE 14: RETIREMENT
- Subject to the other provisions of these rules, a person subject to the Act may be retired in accordance with the terms and conditions of his service by or under the authority of the Central Government.
RULE 15: AUTHORITIES EMPOWERED TO AUTHORISE DISCHARGE
- (1) Each of the authorities specified in column 3 of the Table below shall be the authority competent in respect of persons subject to the Act specified in column l thereof for the causes specified in column 2 and in the manner specified in column 4, to discharge such persons from the service.
(2) Any power conferred by this rule on any of the aforesaid authorities may also be exercised by any other authority superior to it.TABLE
_________________________________________________________________________________________________________________ Class Cause of discharge Competent Special Instructions authority to authorise discharge _________________________________________________________________________________________________________________ 1 2 3 4
_________________________________________________________________________________________________________________ Persons enro- (a) At his own request Commanding To be carried out in accorlled under the on transfer to the Officer. dance with the conditions Act who have pension establish- of enrolment been attested, ment. (b) On fulfilling the con- Commmanding Do. ditions of his enrol- Officer.
ment. (c) Having been found Commanding To be carried out only on medically unit for Officer.
recommendations of an In- further service, validing Board. (d) On transfer to the Officer Com-pension establish- manding, Air ment or on discharge Force Record with gratuity other- Office. wise than at his own request or under item (c). (e) Having been found Air Officer An airman reported as in- inefficient in his i/c efficient will, as far as va- rank or trade and Administration cancies allow be permitted being unwilling to to remuster and/or accept accept reduction or reduction in any rank and remustering. trade for which he is repor- ted as suitable. If no such vacancy exists or if he dec- lines to accept such remus- tering or reduction he will be discharged under this item. (f) At his own request Director of before fulfilling the Personnel conditions of his (Airmen) enrolment. (g) His services no lon- ger required:- (i) Due to reduction in Director of establishment or to Personnel reorganisation. (Airmen) (ii) Unsuitable for reten- Air Officer tion in the Air Force. i/c Administration. (h) All other classes of Do. discharge. Persons en- (i) At his own request (i) Air or he competent authority rolled under before fulfilling other mentioned in the preceding the Act who the conditions of Officer i/c column will exercise this have not been his enrolment, of Command, power only when he is satis. attested, fied as to the bona fides of (ii) Director or the application and that the Personnel total strength of the Air (Airmen) Force will not thereby be in case of unduly reduced. units directly under Air Head- quarters. (j) Unlikely to make an Commanding Applicable to airmen un- efficient airmen. Officer, dergoing training for airmen. (k) All other classes of Commanding discharge. officer._________________________________________________________________________________________________________________
RULE 16: DISMISSAL OR REMOVAL OF OFFICERS FOR MISCONDUCT
- (1) An officer may be dismissed or removed from service for misconduct by the Central Government, but before doing so and subject lo the provisions of sub-rule (2) he shall be given an opportunity lo show cause against such action.
(2) Where the dismissal or removal of an officer is proposed on ground of mis- conduct which has led to his conviction by a criminal court, or where lhe Central Government is satisfied that for reasons to be recorded in writing, it is not expedient or reasonably practicable to do so, it shall not be necessary to give an opportunity to the officer of showing cause against his dismissal or removal.
(3) Where an officer has been convicted by a criminal court and the Central Government, after examining the judgment of the criminal court in his case and considering the recommendation about him of the chief of the Air Staff, is of opinion that further retention of such officer in the service is undesirable that Government may dismiss or remove such ofFicer from the service.
(4) In any case not falling under sub-rule (3), when the Chief of the Air Staff after considering the reports on an officer's misconduct, is of opinion that the trial of the officer by a court-martial is inexpedient or impracticable but the further retention of the officer in the service is undesirable, he shall so inform the officer and subject to the provisions of sub-rule (5) furnish to the officer all reports adverse to him calling upon him to submit in writing within a reasonable period to be specified, his explanation in defence and any reasons which he may wish to put forward against his dismissal or removal.
(5) The Chief of the Air Staff may withhold from disclosure any report adverse to an officer or any portion [hereof, if in his opinion its disclosure is not in the interests of the security of the State.
(6) If no explanation is received from the officer within the specified period or if the explanation received is considered to be not satisfactory or, when so directed by the Central Government, the reports against the officer as well as his explanation if any shall be submitted to the Central Government by the Chief of the Air Staff together with his recommendation as to the dismissal or removal of the officer from the service.
(7) The Central Government may, after considering the reports against the officer and his defence, if any, and the recommendations of the Chief of the Air Staff, dismiss or remove the officer from service.
(8) In this rule and inrule 17-the Chief of the Air Staff while submilling a case to the Central Government may recommend that instead of removing an officer from service, he may be compulsorily retired or that he should be called upon to resign his commission, and the Central Government in passing orders may instead of removing an officer from service, compulsorily retire him or give the officer an option to submit his resignation, and if he refuses lo do so, remove him from the service.
RULE 17: REMOVAL FROM SERVICE OF OFFICERS ON GROUNDS OTHER THAN MISCONDUCT
- (1)When the Chief of the Air Staff is satisfied that an officer is unfit to be retained in service due to inefficiency, physical disability or other ground other than misconduct, 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 submit in writing, within a reasonable period, any reasons he may wish to urge for not being removed from the service:
Provided that all or any of 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 Air Staff may withhold from disclosure the particulars of any matter adverse to the officer, or any portion thereof, if in his opinion its disclosure is not in the interests of the security of the State.
(2) If no reply is received from the officer within the specified period, or the reasons submitted by him are considered not satisfactory by the Chief of the Air Staff, the matter shall be submitted to the Central Government for orders, together within the explanation of the officer, if any, and the recommendation of the Chief of the Air Staff for the removal of the officer from the service.
(3) The Central Government may, after considering the explanation, if any, of the officer and the recommendations of the Chief of the Air Staff, and after satisfying itself that the failure, where applicable, to disclose matters adverse to the officer was in the interests of the security of the State, may remove or compulsorily retire the officer from the service.
RULE 18: DISMISSAL OR REMOVAL OF A PERSON SUBJECT TO THE ACT OTHER THAN AN OFFICER
- Save in a case where a person subject to the Act other than an officer is dismissed or removed from the service on the ground of conduct which had led to his conviction by a criminal court or a court-martial, no such person shall be dismissed or removed under sub-section (1) or sub-section (3) ofsection 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.
(2) Notwithstanding anything contained in sub-rule (1), if in the opinion of the officer competent to order the dismissal or removal of such person, it is not expedient or reasonably practicable to comply with the provisions of sub-rule (1), he may after certifying to that effect, order the dismissal or removal.
(3) All cases of dismissal or removal without complying with the procedure prescribed in sub-rule (1) shall, without delay, be reported to the Central Government.
CHAPTER 04: RESTRICTIONS ON FUNDAMENTAL RIGHTS AND PROVISIONS RELATING TO ARRESTS, ETC
RULE 19: MEMBERSHIP OF ORGANISATIONS
- No person subject to the Act shall without express sanction of the Central Government,-
(a) be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the Armed Forces of the Union or is not of a purely social, recreational or religious3[or educational] nature.
Explanation.- If any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature, the decision of the Central Government thereon shall be Final;
(b) be a member of or be associate in any way with any trade union or labour union, or any class or trade or labour unions.
RULE 20: POLITICAL AND OTHER ACTIVITIES
- (1) No person subject to the Act shall attend, address, or take active part in, any meeting or demonstration held for party or political purposes, or belong to or join, or subscribe in 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, Legislature of a State, local authority, or other public body, or act as a member of a candidate's election committee, or in any way actively prosecute a candidate's interest.
RULE 21: COMMUNICATIONS TO THE PRESS, LECTURES, ETC - NO PERSON SUBJECT TO THE FOLLOWING SHALL-
(a) publish in any form whatever or communicate directly or indirectly to the press any matter 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 matter or containing such information, without the previous sanction of the ^Central Government); or
(b) deliver a lecture or wireless address on a service subject to containing any information or views on any service subject without the previous sanction of the4[Central Government].
Explanation.- For the purpose of this rule, service information and service subject mean information or subject, as the case may be, concerning the forces the defence or the external relation of the Union.
RULE 22: MANNER AND EXTENT OF CUSTODY PENDING TRIAL OR CONFIRMATION OF COURT MARTIAL PROCEEDINGS
- (1) Any person subject to the Act who has been ordered into air force custody by a competent authority may be taken into such custody in accordance with the usages of the service:Provided that while being held for trial or after trial pending confirmation of the proceedings, the arrest or confinement imposed upon him shall not be more rigorous than the circumstances require to ensure his physical fitness and security.
(2) Detention in air force custody beyond a total period of sixty days whether continuously or in broken periods, of a person subject to the Act, who is not on active service and for whose trial a court-martial has not assembled, shall require the sanction of the Chief of the Air Staff or any other officer duly authorised, with the approval of the Central Government, by the Chief of the Air Staff in that behalf.
(3) The Chief of the Air Staff or such other officer may sanction further detention of such person as is described in sub-rule (2) for a specific period, which he may extend from time to time, provided that the total period of detention under sub- rule (2) and this sub-rule, whether continuous or broken, shall not exceed ninety days.
(4) No such person as is described in sub-rule (2) shall be detamed in air force custody beyond a period of ninety days, whether continuously or in broken period except with the approval of the Central Government.
(5) As soon as the proceedings of a court-martial have been received by an officer having powers to confirm them, that officer shall, as soon as may be, order the release (without prejudice to rearrest) of the accused if the finding of the court- martial is "not guilty" on the charge, or where there are more charges than one, on all the charges, on which he was tried.
(6) Where the sentence awarded by a court-martial is lower in the scale of punishments set out in section 73-, than dismissal, the officer referred to in sub-rule (5) shall either order the release of the accused person without prejudice to re-arrest or at his discretion, order that the accused person shall be kept under open arrest.
(7) No person shall be detained in an- force custody pending confirmation of the proceedings of a Court-martial, for a period in excess of the term of imprisonment or detention to which the court-martial has sentenced him.
RULE 23: DELAY REPORT
- (1) In every case where a person subject to the Act, who is not on active service, is in air force custody for a period longer than eight days, whether continuously or in broken periods, without a court martial for his trial having been assembled, or without a punishment having been awarded to him undersection 82-orsection 86-, the Commanding Officer shall make a report in the delay report form contained in the Second Schedule, to the Officer empowered to convene a general or district court martial for the trial of such person. Such report shall be made at interval of every eight days until a court martial is assembled or the case 'is disposed undersection 82-, or section 86-or such person is released from custody as the case may be.
(2) A copy of each of the third and subsequent reports submitted under sub-rule (1) will be forwarded directly to the5[Deputy Chief Legal Adviser] of the Command concerned, or in the case of persons belonging or attached to the Air-Headquarters or a unit directly under Air Headquarters, to the5[Chief Legal Adviser].
CHAPTER 05: INVESTIGATION OF CHARGES AND TRIAL BY COURT MARTIAL
SECTION 1.- Investigation of charges, Minor Punishments and Remand for trialFraming ChargesPreparation of Defence by Accused PersonsException from RulesSECTION 2.-General and District Courts-Martial Convening the CourtProcedure at Trial-Constitution of CourtProcedure at Trial- Challenge and SwearingProsecution, Defence and Summing upFinding and SentenceConfirmation and RevisionGeneral Provisions as to proceedings or General and District Courts-MartialDefending Officer, Counsel and Friend of AccusedWitnesses and EvidenceInsanityPreservation of ProceedingsIrregular Procedure When no Injustice is DoneOffences of Witnesses and OthersSECTION 3.-Summary General Courts-MartialSECTION 4-Execution of sentences
RULE 24: DISPOSAL OF THE CHARGE OR ADJOURNMENT FOR TAKING DOWN THE SUMMARY OF EVIDENCE
- (1) Every charge against a person subject to the Act shall be heard in thepresence of the accused. The accused shall have full liberty to cross-examine any witness against him, and to call any witnesses and make any statement in his defence.
(2) The commanding officer shall dismiss a charge brought before him if, in his opinion, the evidence does not show that some offence under the Act has been committed, and may do so if, in his discretion, he thinks the charge ought not to be proceeded with.
(3) At the conclusion of the hearing of a charge, if the commanding officer is of opinion that the charge ought to be proceeded with, he shall, without unnecessary delay either:-
(a) dispose of the case summarily; or
(b)6[refer the case to the proper superior air force authority for sanction undersection 83-; or)
(c) adjourn the case for the purpose of having the evidence, reduced lo writing.
(4) Where the case is adjourned for the purpose of having the evidence reduced in writing at the adjourned hearing the 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 be directs.
(5) The accused may put questions in cross-examination to any witness, and the questions with the answers shall be added in writing to the evidence taken down.
(6) The evidence of each witness when taken down, as provided in sub-rules (4), (5) shall be read over lo him, and shall be signed by him, or if he cannot write his name, shall be attested by his mark and witnessed. Any statement of accused7[* * shall be added in writing and read over to him.
(7) The evidence of the witnesses and the statement, if any, of the accused shall be recorded in the English language. If the witness or accused, as the case may be, does not understand English the evidence or statement, as recorded shall be interpreted to him in a language which he understands.
(8) If a person cannot be compelled to attend as a witness, or if owing to the exigencies of service or any other grounds (including the expense and loss of time involved), the attendance of any witness cannot, in the opinion of the commanding officer or the officer taking the summary (to be certified in writing by the commanding officer or such officer), be readily procured, a written statement of his evidence purporting to be signed by him may be read to the accused and included in the summary of evidence.
(9) Any witness who is not subject to the air force law may be summoned to attend by order under the hand of the commanding officer of the accused. the summons shall be in Form C.1 as provided in the Third Schedule.
RULE 25: REMAND OF ACCUSED
- (1) The evidence and statement, if any, taken down in writing in .pursuance ofrule 24-(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 court-martial ; or
(b)8[refer the case to the proper superior ah force authority for sanction undersection 83-or disposal undersection 86-; or]
(c) if he thinks it desirable, re-hear the case and dispose it of summarily.
(2) If the accused is remanded for trial by court-martial, the commanding officer shall without unnecessary delay apply to the proper air force authority to convene a court-martial.
(3) The summary of evidence, or a true copy thereof, shall be furnished to the convening authority with the application to convene a court-martial, and shall be laid before the court-martial before which the accused is tried on the assembly of the court.
RULE 26: APPLICATION OF RULES 24 AND 25 TO OFFICERS EXERCISING POWERS OF A COMMANDING OFFICER
- The provisions ofrules 24-andrule 25-shall, so far as practicable, also apply to an officer exercising the powers of a commanding officer.
RULE 27: ACTION BY OFFICER HAVING POWER TO CONVENE A DISTRICT COURT MARTIAL
- An officer having power to convene a district court-martial to whom an application for the convening of court-martial is made or to whom a case is referred under the provisions of clause (b) of sub-rule (1) ofrule 25-, may, at his discretion,-
(a) authorise in writing the commanding officer or other officer exercising the powers of a commanding officer to dismiss the charge or dispose of the case summarily; or
(b) refer the case to a superior authority; or
(c) order the assembly of a district court-martial for the trial of the accused person.]
RULE 28: ACTION BY OFFICER HAVING POWER TO CONVENE A GENERAL COURT MARTIAL
- An officer having power to convene a general court-martial to whom an application for the convening of a court-martial is made or to whom a case is referred under the provisions of clause (b) of sub-rule (1) ofRule 25-, or of clause (b) ofrule 27-, may, at his discretion,-
(a) return the case to the commanding officer or other officer exercising the powers of a commanding officer authorising such officer in writing to dismiss the charge or dispose of the case summarily; or
(b) deal with the case summarily, as provided inrule 31-; or
(c) order the assembly of a court-martial for the trial of the accused person; or
(d) refer the case to a superior authority.]
RULE 29: LIMITATION OF POWERS OF MINOR PUNISHMENT ACCORDING TO RANK
-(1) A commanding officer or other officer exercising the powers of a commanding officer, if of the rank of Squadron Leader or above, may, without the intervention of a court- martial, award the minor punishments specified insection 82-. '
(2) A commanding officer, or other officer exercising the powers of a commanding officer, of the rank of Flight Lieutenant, shall have the powers of punishment specified in the said section, provided that he shall net awdiu detention or field punishment for a period exceeding seven days.
(3) A commanding officer, or other officer exercising the powers of a commanding officer, who is below the rank of Flight Lieutenant shall have the powers of punishment specified in the said section, except the following in the case of non- commissioned officers, namely,-
(a) severe reprimand;
(b) deprivation of acting rank; and
(c) penal deduction under clause (g) ofsection 92-;
and, in the case of persons below non-commissioned ranks, forfeiture of badge pay: Provided that such officer shall not award detention or field punishment for a period exceeding seven days, or confinement to the camp for a period exceeding ten days.
(4) Notwithstanding anything contained in sub-rules (2) and (3) where a commanding officer or other officer exercising the powers of a commanding officer below the rank of Squadron Leader, an officer superior in command to such commanding or other officer, may if he considers desirable, restrict the powers under the said sub-rule of such commanding officer or other officer to any extent as he thinks fit.
RULE 30: POWERS OF MINOR PUNISHMENT OF SUBORDINATE COMMANDERS
- (1) Subject to the provisions of sub-rule (2), an officer other than a commanding officer, who has with the consent of the Central Government been specified by the Chief of the Air Staff as a "Subordinate Commander", may award such minor punishments and to such extent as specified in this rule.
(2) The subordinate commanders specified in the column 1 of the Table below, authorised in this behalf by the commanding officer or other officer exercising the powers of a commanding officer, may award to the persons specified in column 2 the minor punishments specified in the column 3 thereof provided that, when an officer of the rank of Flight Lieutenant is officiating in an appointment normally held by an officer of higher rank, or when no subordinate commander of the rank of Squadron Leader or above is available, an officer of the rank of Flight Lieutenant shall not be authorised to award the punishment of fine. TABLE _______________________________________________________________________________________________________________ Authority compentent Person who may Punishment to be punished award punishment _______________________________________________________________________________________________________________ 1 2 3
_______________________________________________________________________________________________________________ Officer of the rank (a) Non-commissioned (i) Reprimand. of Flight Lieu- Officer. (ii) Admonition tenant or above (b) Airman below noil- (a) Confinement to the commissioned rank. Camp for a period not exceeding seven days. (ii) Extra Guards or duties not exceeding 3 in number. (iii) Admonition. (iv) Fine not exceeding 4 days pay provided that an airman shall not be fined more than seven days pay in any one month. Officer below the (a) Non-commissioned Admonition. rank of Flight (b) Airmen below non- (i) Confinement to the commissioned Camp for a period not rank. exceeding three days. (ii) Extra Guards or duties not exceeding 3 in number. (iii) Admonition.
RULE 31: SUMMARY DISPOSAL OF CHARGE AGAINST OFFICERS AND WARRANT OFFICERS
- (1)11[When a charge against an officer or warrant officer is to be summarily disposed of undersection 86-,) a copy of the summary of evidence shall be delivered to him free of charge as soon as practicable after its preparation, and in any case not less than forty- eight hours before such disposal.
(2) The officer dealing with the case summarily undersection 86-shall hear the witnesses, if any, in the presence of the accused, but may dispense with13the hearing of every or all witnesses if the accused person consents in writing thereto.
12[(3) If the accused person demands that the evidence be taken on oath, the officer dealing with the case summarily shall administer to each witness before he gives his evidence, the oath or affirmation as prescribed inrule 118-, but the accused person shall not be sworn.]
(4) The accused may put questions in cross-examination to any witness, call any witnesses and make a statement in his defence.
(5) The proceedings shall be recorded as far as practicable in accordance with Form D.1 or Form D.2 (as may be appropriate) of the forms for use for summary disposal of charges against officers and warrant officers contained in the Fourth Schedule and in every case in which a punishment is awarded, the original and a certified true copy of the proceedings together with the summary of evidence shall be forwarded through the proper channel to the superior air force authority as defined in Seel 89.
RULE 32: SUMMARY AWARD OF PUNISHMENT BY COMMANDING OR OTHER OFFICER
- When a commanding officer, or other officer having power to dispose of an offence summarily, has once awarded a punishment for that offence, he cannot afterwards increase the punishment for that offence.
RULE 33: REVISION OF MINOR PUNISHMENTS AWARDED UNDER SECTION 82
- (1) If a minor punishment awarded undersection 82-, appears to the Central Government, the Chief of the Air Staff, or any officer superior in command to the officer who awarded the punishment, to be wholly illegal, such authority shall direct that the award be cancelled and the entry in the records of the accused be expunged.
(2) If such minor punishment appears to the authority specified in sub-rule (1) to be in excess of the punishment authorised by law, such authority may vary thepunishment awarded so that it shall not be in excess of the punishment authorised by law, and the entry in the records of the accused shall be varied accordingly.
(3) If such minor punishment appears to the authority specified in sub-rule (1) to be unjust or too severe having regard to all the circumstances of the case, such authority may mitigate or remit the punishment awarded or commute that punishment for any other punishment or punishments lower in the scale laid down insection 82-, which the commanding officer or other officer exercising powers under that section could have validly awarded, and such mitigation, remission or commutation shall be entered in the records of the accused: Provided that for the purpose of this sub-rule, the punishment of field punishment shall be deemed to be higher in scale than detention:
Provided further that the punishment of field punishment shall not be commuted for punishment of detention for a term exceeding the term of such field punishment and the punishment of field punishment or detention shall not be commuted for a punishment of confinement to the camp for a term exceeding the term of such field punishment or detention.
(4) Any authority specified in sub-rule (1) may, in addition to or without any order passed under sub-rule (1), (2) or (3), issue such direction in any case as may appear to such authority to be necessary for doing justice in the matter.]
RULE 34: CHARGE SHEET AND CHARGE
- 14(1) A charge-sheet shall, so far as practicable, conform to the form of Charge-sheet specified in the Fifth Schedule and 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.
RULE 35: COMMENCEMENT OF CHARGE CHARGE--SHEET
- Every charge-sheet shall begin with the name and description of the person charged, arid state, in the case of an officer, his rank, name, number, and unit, and in the case of a warrant officer, or other enrolled person, his number, rank, name and unit. When the accused person does not belong to the regular air force, 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.
RULE 36: CONTENTS OF CHARGE
- (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) The statement of the offence; and
(b) the 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 that offence, but not necessarily 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 offence.
(5) The particulars in one charge may be framed wholly or partly by a reference to the particulars in another charge, and in that case so much of the latter particulars as are so referred to shall be deemed to form part of the first mentioned charge as well as of the other charge.
(6) Where it is intended to prove any facts in respect of which any deduction from pay and allowances can be awarded as a consequence of the offence charged the particulars shall state those facts, and the sum of the loss or damage it is intended to charge.
RULE 37: SIGNATURE ON CHARGE SHEET
- The charge-sheet shall be signed by the commanding officer of the accused or by the officer who, in respect of the accused, is an officer empowered undersection 82-to exercise the powers of a commanding officer, and shall contain the place and date of such signature.]
RULE 38: VALIDITY OF CHARGE SHEET
-
(1) A charge-sheet shall not be invalid by reason only of any mistake in the name or description of the person charged, if he does not object to the charge-sheet during the trial, and it is not shown that 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.
RULE 39: OPPORTUNITY FOR ACCUSED TO PREPARE DEFENCE
- An accused person for whose trial a court-martial has been ordered to assemble shall be afforded proper opportunity of preparing his defence, and shall be allowed free communication with his witnesses, and with any friend or legal adviser whom he may wish to consult.
RULE 40: WARNING OF ACCUSED FOR TRIAL
-(1) The accused before he is arraigned shall be informed by an officer of every charge on which he is to be tried; and also that, on his giving the names of witnesses 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 of the charges against him and his arraignment must be such as to allow him to have his witnesses present, and to consider his defence.
(2) The officer at the time of so informing the accused shall give him a copy of the charge-sheet16 [and, if the recording of summary of evidence has not been dispensed with underrule 42-, a copy of the summary of evidence,] and, if he desires it, a vernacular translation of the same, and shall, if necessary, read and explain to him the charges brought against him.
(3) If he desires it, a list of the names, ranks, and units of the officers who are to form the court, and where officers in waiting are named, also of these officers, will be given to the accused.
(4) If it appears to the court that the accused is liable to be prejudiced at his trial by any non-compliance with this rule, the court shall take steps and, if necessary, adjourn to avoid the accused being so prejudiced
RULE 41: JOINT TRIAL OF SEVERAL ACCUSED PERSONS
- (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, whether charged, jointly or not, 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 persons are so charged under sub-rule (1) or (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 together shall be given to each of the accused persons at the time of his being informed of the charge, and any accused person may claim, either by notice to the authority convening the court or when arraigned before the court, by notice to the court, that he or some other accused person be tried separately on one or more of the charges included in the charge-sheet, on the ground that the evidence of one or more of the other accused persons proposed to be tried together with him will be material to his defence, or that otherwise he would be prejudiced or embarrassed in his defence, the convening authority or court, if satisfied that the evidence will be material or that the accused person may be prejudiced or embarrassed in his defence as aforesaid, and if the nature of the charge admits of this, shall allow the claim, and such accused person, or, as the case may be, the other accused person or persons whose separate trial has been claimed, shall be tried separately.
(5) Where any such claim as is referred to in sub-rule (4) has been made and disallowed by the authority convening the court, or by the court, the disallowance of such claim shall not be a ground for refusing confirmation of the finding or sentence unless, in the opinion of the confirming authority, substantial miscarriage of justice has occurred by reason of the disallowance of such claim.
(6) Where the proceedings of any court-martial in respect of any charge against an accused person are not confirmed on the ground stated in sub-rule (5) such accused person may be tried again on that charge.]
RULE 42: SUSPENSION OF RULES ON THE GROUND OF THE EXIGENCIES OF THE SERVICE OR THE NECESSITIES OF DISCIPLINE
- Where it appears to the officer convening a court-martial, or to the senior officer on the spot, that exigencies of the service or the necessities of discipline, render it impossible or inexpedient to observe any of the provisions ofrule 24-, sub-rule (4), sub-rule (5), sub-rule (6) and sub-rule (7) and ofrule 25- ,rule 39-andrule 40-he may, by order under his hand, make a declaration to that effect specifying the nature of such exigencies or necessities, and there upon the trial or other proceedings shall be as valid as if the rule mentioned in such declaration had not been contained herein; and the declaration may be made with respect to all or any of the provisions of the rules aforesaid mentioned: 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.
RULE 43: CONVENING OF GENERAL AND DISTRICT COURT MARTIAL
-(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 offence 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 description of court-martial 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 convening a court-martial shall send to the senior member thereof, the original charge sheet on which the accused is to be tried, the summary of evidence and the order for the assembly of the court-martial.
RULE 44: ADJOURNMENT FOR INSUFFICIENT NUMBER OF OFFICERS
- (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 the 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 required minimum, proceed recording their reasons for so doing.
(2) If the court adjourns for the purpose of tie appointment of fresh members whether under these rules or otherwise, the convening officer may, if he thinks fit, convene another court.
RULE 45: INELIGIBILITY AND DISQUALIFICATION OF OFFICERS FOR COURT MARTIAL
- (1) An officer is not eligible to serve on a court-martial unless he is subject to air force law.
(2) An officer is disqualified for serving on a general or district court-martial if he-
(a) is the 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 flight, squadron, station, unit, or other commander who made preliminary inquiry into the case, or was a member of previous court-martial which tried the accused in respect of the same offence; or
(d) is the commanding officer of the accused or of the unit to which the accused is attached or belongs, or
(e) has a personal interest in the case.
(3) The provost-marshal or assistant provost-marshal is disqualified from serving on a general or district court-martial.
RULE 46: COMPOSITION OF GENERAL COURT MARTIAL
- (1) The senior member of a general court-martial shall be of a rank not below that of a Group Captain, unless in the opinion of the convening officer, to be stated in the order convening the report and to be conclusive, an officer of that rank is not (having due regard to the public service) available.
(2) All members of a general court-martial for the trial of an officer shall be equal if not superior rank to the accused, unless in the opinion of the convening officer, to be stated in the order convening the court and to be conclusive, officers ol the required rank are not (having due regard to the public service) available. Provided that in no case shall an officer below the rank of Flight Lieutenant be appointed a member of a court-martial for the trial of an officer of or above the rank of Squadron Leader.
RULE 47: COMPOSITION OF A DISTRICT COURT MARTIAL
- The senior member of a district court martial shall be of a rank not below that of Squadron Leader, unless in the opinion of the conveniag officer, to be stated in the order convening the court and to be conclusive, an officer of that rank is not (having due regard to the public service) available.
RULE 48: UNITS OF MEMBERS OF COURT MARTIAL
- A general or district court-martial shall not be composed exclusively of officers of the same unit, unless the convening officer slates in the order convening the court that in his opinion other officers are not (having due regard to the public service) available, and in no case shall it consist exclusively of officers belonging lo the same unit as the accused.
RULE 49: INQUIRY BY COURT AS TO LEGAL CONSTITUTION
- (1) On the court assembling, the order convening the court shall be read, and also the names, rank and unit of the officers appointed to serve on the court; and it shall be the first duty of the court to satisfy itself that the court is duly constituted that is to say-
(a) that, so far as the court can ascertain, the court has been convened in accordance with the Act and these rules;
(b) that the court consists of a number of officers not less than the required minimum, and, save as mentioned inrule 44-, not less than the number detailed;
(c) that each of the officers so assembled is eligible and not disqualified for serving on that courtmartial.
(2) The court shall, further, if it is a general or district court-martial to which a judge-advocate has been appointed, ascertain that the judge-advocate is duly appointed and is not disqualified for acting at that court-martial. The court, if not satisfied on the above matters, shall report its opinion to the convening authority, and may adjourn for that purpose.
RULE 50: INQUIRY BY COURT AS TO AMENABILITY OF ACCUSED AND VALIDITY OF CHARGE
- (1) The court, when satisfied on the above matters, shall satisfy itself in respect of each charge about to be brought before them-
(a) that it appears to be laid against a person subject to the Act and 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.
RULE 51: APPEARANCE OF ACCUSED AND PROSECUTOR
- When the court is satisfied as to the above facts, it shall cause the accused to be brought before the court, and the prosecutor who must be a person subject to air force law, shall take his place.
RULE 52: PROCEEDINGS FOR CHALLENGES OF MEMBERS OF COURT
- The order convening the court and the names of the presiding officer and members of the court shall then be read over to the accused and he shall be asked, as required bysection 129-, whether he objects to be tried by any officer siting on the court. Any such objections shall be disposed of in accordance with the provisions ofsection 129-: Provided that-
(a) the accused shall state the names of all the officers to whom he objects 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 objection to each officer shall be disposed of separately, and the objection in respect of the officer lowest in rank shall be disposed of first; and on an objection to an officer, the remaining officers of the court shall in the absence of the challenged officer, vote on the disposal of such objection notwithstanding that objections have also been to any of those officers;
(d) when an objection to an officer is allowed that officer shall forthwith retire, and take no further part in the proceedings;
(e) when an officer objected to retires, and there are any officers in waiting, the vacancy shall be forthwith filled by one of the officers by waiting being directed by the presiding officer to serve in lieu of the retiring officer. If there is no officer in waiting available the court shall proceed as directed byrule 44-;
(f) the eligibility, absence of disqualification, and freedom from objection of an officer filling a vacancy shall be ascertained by the court, as in the case of other officers appointed to serve on the court.
RULE 53: SWEARING OR AFFIRMING OF MEMBERS
- As soon as the court is constituted with the proper number of officers who are not objected to, or the objections in respect of whom have been overruled, an oath or affirmation shall be administered to every member in one of the following forms or in such other form as the same purport as the court ascertains to be according to his religion or otherwise binding on his conscience:- Form of Oath "I.............. do swear in the name of God that I will well and truly try the accused (or accused persons) before the court according to the eveidence and that I will duly administer justice according to the Air Force Act, 1950 with out 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 whatsover, disclose, or discover the vote or opinion of any particular member of this court-martial, unless required to give evidence thereof by a court of justice or a courtmartial in due course of law.Form of Affirmation "I.............. do solemnly affirm that I will well and truly try the accused or accused persons) before the court according to the evidence that I will duly administer justice according to the Air Force Act, 1950, with and 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 solemnly affirm that I will not, on any account, at any time, whatsoever, disclose, or discover the vote or opinion of any particular member of this court-martial, unless required to give evidence thereof by a court of justice or a court-martial in due course of law.
RULE 54: SWEARING OR AFFIRMING OF JUDGE ADVOCATE AND OTHERS
- 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 oe according to the religion or otherwise binding on the conscience of the person to be sworn or affirmed:-
(A) Judge Advocate Form of Oath
RULE 55: PERSONS TO ADMINISTER OATHS AND AFFIRMATION
- All oaths and affirmations shall be administered by a member of the court, the judge-advocate, or some other person empowered by the court to administer such oath or affirmation.
RULE 56: ARRAIGNMENT OF ACCUSED
- (1) After the members of the court and other persons are sworn or affirmed as above-mentioned, 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.
RULE 57: OBJECTION BY ACCUSED TO 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.
RULE 58: AMENDMENT OF CHARGE
- (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 they have begun to examine the witnesses, that in the interests of justice any addition to, omission from, or alteration in the charge is required, they may report their opinion to the convening authority, and may adjourn, and the convening authority may either direct a 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.
RULE 59: SPECIAL PLEA TO THE JURISDICTION
- (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, they shall receive any evidence offered in support, together with any evidence offered by the prosecutor in disproof or qualification thereof, and any address by the accused and reply by the prosecutor in reference thereto.
(2) If the court overrules the special plea, they shall proceed with 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 accused, or order the accused to be released.
(4) If the court is in doubt as to the validity of the plea, it may refer the matter to the convening authority, and may adjourn for that purpose, or may record a special decision with respect to such plea, and proceed with the trial.
RULE 60: GENERAL PLEA OF "GUILTY" OR "NOT GUILTY"
- (1) if no special plea to the 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) ofrule 59-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)18[If an accused person plead "guilty", that plea shall be recorded; but, before it is recorded, the officer conducting the proceeding, 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 advise him to withdraw that plea if it appears from the summary of evidence that the accused ought to plead "not guilty".
(3) When an accused person pleads "guilty" to the first of two or more charges laid in the alternative, the prosecutor may, after the provisions of sub-rule (2) have been complied with by the court and before the accused is arraigned on the alternative charge or charges, withdraw such alternative charge or charges without requiring the accused to plead thereto and a record to that effect shall be made upon the proceedings of the court.
(4) A plea of "guilty" shall not be accepted in cases where the accused is liable, if convicted, to be sentenced to death and where such plea is offered, a plea of "not guilty" shall be recorded and the trial shall proceed accordingly.
RULE 61: PLEA IN BAR
- (1) The accused, at the time of his general plea of "guilty" pf "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 undersection 82-orsection 86-for the offence or a charge in respect of the offence has been dismissed as provided in sub-rule (2) ofrule 24-; or
(b) the offence has been pardoned or condoned by competent air force authority; or
(c) the time which has elapsed between the commission of the offence and the commencement of the trial is more than three years, and the limit of time for trial is not extended undersection 121-.
(2) If he offers such plea in bar, the court shall record it as well as his general plea, and if it considers that any fact or facts stated by him are sufficient to support the plea in bar it shall receive any evidence offered, and hear any address made by the accused and the prosecutor in reference to the plea.
(3) If the court finds that the plea in bar is proved, it shall record its finding, and notify it to the confirming authority, and shall either adjourn, or if there is any other charge against the accused, whether in the same or in a different charge-sheet, which is not affected by the plea in bar, may proceed with the trial of the accused on that charge.
(4) If the finding that the plea in bar is proved is not confirmed, the court may be reassembled by the confirming authority, and proceed as if the plea had been found not proved.
(5) If the court finds that the plea in bar is not proved; it shall proceed with the trial, and the said Finding shall be subject to confirmation like any other finding of the court.
RULE 62: PROCEDURE AFTER PLEA OF "GUILTY"
- (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 those other charges, and after findings 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 proceedwith respect to all the charges as if the accused had not pleaded "guilty" to any charge or may, subject lo sub-rule (2), instead of so trying him, proceed under sub-rule (3) in respect of the charges to which he has pleaded guilty.
(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 the accused person as if he had pleaded "not guilty" to all the charges: Provided that this sub-rule shall not apply if the concurrence of the convening officer has been signified by the prosecutor.
(3) The procedure of the court in respect of a charge on which a plea of "guilty" has been recorded, shall be as follows:-
(a) The court shall receive any statement which the accused desires to make with reference to the charge, and shall read the summary of evidence, and annex it lo the proceedings, or if there is no such summary, shall take and record sufficient evidence to enable them lo determine the sentence and the confirming officer to know all the circumstances connected with the offence. This evidence will be taken in like manner as is directed by these rules in the case of a plea of "not guilty".
(b) After the evidence has been so taken, or the summary of evidence has been read, as the case may be, the accused may make a statement in mitigation of punishment and may call witnesses as to his character. If the accused at any court-martial states anything in mitigation of punishment which, in the opinion of the court, requires to be proved and would, if proved affect the amount of punishment, the court may permit the accused to call witnesses to prove the same.
(c) If from the statement of the accused, or from the summary of evidence or otherwise it appears to the court that the accused did not understand the effect of his plea of "guilty", the court shall record its opinion and proceed with the trial as on a plea of "not guilty"; otherwise the court shall, subject torule 71-, record a finding of "guilty" on the charge.
(d) When a court has recorded an opinion as is referred to in clause (c) and proceeds with the trial as on a plea of "not guilty", they shall, if there was a charge laid in the alternative which the prosecutor withdrew underrule 60-, reinstate such alternative charge, arraign the accused thereon and proceed with the trial as if such charge had never been withdrawn.
(4) If a plea of "guilty" is recorded on any charge, and the trial proceeds with respect to other charges in the same charge-sheet, the proceedings under sub-rule (3) shall take place when the findings on the other charges in the same charge-sheet have been recorded.)
RULE 63: WITHDRAWAL OF PLEA OF "NOT GUILTY"
- The accused may, if he thinks fit, at any time during the trial, withdraw his plea of "not guilty", and plea "guilly", and such case the court will at once, subject to a compliance with sub-rules (2) and (4.) ofrule. 60- record a plea and finding of "guilty", and shall, so far as is necessary. proceed in the manner directed by rule 62.
RULE 64: PLEA OF "NOT GUILTY" AND CASE FOR PROSECUTION
- After the plea of "not-guilty" to any charge is recorded, the trial shall proceed as follows-
(a) the prosecutor may, if he desires, make an opening address;
(b) the evidence for the prosecution shall then be taken;
(c) if it should be necessary for the prosecutor to give evidence for the prosecution on the facts of the case, he shall give it after the delivery of his address, and he must be sworn and give his evidence in detail;
(d) he may be cross-examined by the accused and afterwards may make any statement which might be made by a witness on re-examination.
RULE 65: PLEA OF NO CASE
- (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 fade case against him and that he should not, therefore, be called upon for his defence as respects such charge or charges.
(2) The court shall hear the address by the accused in support of such plea and the reply by the prosecutor thereto, and shall consider the plea in closed court; and if it is satisfied that the plea is well-founded in respect of any one of more charges to which it relates, it shall record a Finding of "not guilty" in respect of such charge or charges, and the accused shall thereafter be called upon for his defence only in respect of the remaining charges, if any, in the charge-sheet.
RULE 66: PROCEDURE FOR DEFENCE
- (1) At the close of the evidence for the prosecution if the plea for "no case" is not offered by the accused, or if offered is overruled, the accused may, if he so desires, make an opening address.
(2) The accused shall be asked if he has any thing to say in his defence and may make a statement in his defence.
(3) Any statement allowed under this or any other of these rules to be made by the accused, may be made either orally or in writing; but the accused making the statement shall not be sworn.
(4) The court or the judge advocate, if any, may question the accused 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, but the court may draw such inference from such refusal or answers as it thinks fit.
(5) The accused shall then be asked if he intends to call any witness to the facts of the case. If the acccused does not state that he intends to call witnesses to the facts of the case, the procedure shall be as specified inrule 67-, and if he states that he intends to call witnesses to the facts of the case, the procedure shall be as specified inrule 68-.
RULE 67: PROCEDURE WHERE ACCUSED DOES NOT CALL WITNESSES TO THE FACTS OF THE CASE
- (1) The accused may call witnesses as to character.
(2) The prosecutor may, in reply to the witnesses as to character, produce proof of formal conviction either by a court-martial or by a criminal court and entries in the service conduct sheets.
(3) The prosecutor may address the court for the purpose of summing up the evidence for the prosecution.
(4) The accused may then address the court in his defence. The time at which such address is allowed is in these rules referred to as the time for the second address of the accused.
RULE 68: PROCEDURE WHERE ACCUSED CALLS WITNESSES TO THE FACTS OF THE CASE
- (1) The accused may call witnesses, including witnesses as to character.
(2) The prosecutor may with the permission of the court, call witnesses in reply.
(3) The accused may again address the court. The time at which such second address is allowed is in these rules referred to as the time for the second address of the accused.
(4) The prosecutor shall be entitled to address the court in reply.
RULE 69: SUMMING UP BYJUDGE ADVOCATE
- (1) The judge advocate, if any, shall unless both he and the court think summing up unnecessary, sum up in open court the whole case.
(2) After the summing up of the judge advocate, no other address shall be allowed.
RULE 70: CONSIDERATION OF FINDING
- (1) The court shall deliberate on its finding in closed court.
(2) The opinion of each member of the court shall be taken separately on each charge.
RULE 71: FORM, RECORD AND ANNOUNCEMENT OF FINDING
- (1) The Finding on every charge shall be recorded, and, except, as mentioned in these rules, shall be recorded simply as a Finding of "guilty" or of "not-guilty".
(2) Where the court is of opinion as regard any charge that the facts proved do not disclose the offence charged or any offence of which he might under the Act be found guilty on the charge as laid, the court shall acquit the accused of the charge.
(3) If the court doubts as regards any charge whether the facts proved show the accused lo be guilty or not of the offence charged, or of any offence of which he might under the Act be found guilty on the charge as laid, it may,before recording a Finding on that charge, refer lo the confirming authority for an opinion setting out the facts which it Finds to be proved, and may, if necessary, adjourn for that purpose.
(4) Where the court is of opinion as regards any charge that the facts which it finds 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 finding of "not guilty", record a special Finding.
(5) The special finding may find the accused guilty on a charge subject to the statement of exceptions or variations specified therein.
(6) Where there are alternative charges and the facts proved appears to the court not to constitute the offence mentioned in any of those alternative charges, the court shall record a finding of "not guilty" on that charge, but if the court thinks that the facts-proved constitute one of the offences staled in two or more of the alternative charges, but doubts which of those offences the facts do at law constitute, then it may, before recording a finding on those charges, refer to the confirming authority for an opinion, setting out the facts which it finds to be proved, and stating that it doubts whether those facts constitute in law the offence in such one or another of the alternative charges and may, if necessary, adjourn for the purpose.
(7) The court shall not find the accused guilty on more than one of two or more charges laid in the alternative, even if conviction upon one charge necessarily connotes guilt upon the alternative charge or charges.
(8) In any case where the court is empowered bySec. 138-to find the accused guilty of an offence other than that charged, or guilty of committing an offence in circumstances involving a less degree of punishment or where it could after hearing the evidence have made a special finding of guilty subject to exceptions or variations in accordance with sub-rules (4) and (5), it may, if it is satisfied of the justice of such course, and if the concurrence of the convening officer is signified by the prosecutor, accept and record a plea of guilty of such other offence as having been committed, in circumstances involving such less degree of punishment, or of the offence charged subject to such exceptions or variations.
(9) The finding on each charge shall be announced forthwith in open court as subject to confirmation.
RULE 72: PROCEDURE ON ACQUITTAL
-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 to the person specified in rule 101.
RULE 73: PROCEDURE ON CONVICTION
- (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 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 82 or 86 the length of time he has been in arrest or is confinement on any previous sentence, and any military or air force decoration, or military or air force 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 contains a summary of the entries in the service records respecting the accused and identifying the accused as the person referred to in that summary.
(3) The accused may cross-examine any such witness, and may call witnesses to rebut such evidence; and if the accused so requests, the service records or a duly certified copy of the material entries therein, shall be produced; an^ if the accused alleges that the summary is in any respect not in accordance with the service records or such certified copy, as the case may be the court shall compare the summary with those records or copy, and if it finds it is not in accordance therewith, shall cause the summary to be corrected accordingly.
(4) When all the evidence on the above matters has been given the accused may address the court thereon.
RULE 74: SENTENCE
-The court shall award one sentence in respect of all the offence 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 given, and not to be awarded in respect of any offence in a charge in respect of which it cannot be given.
RULE 75: RECOMMENDATION TO MERCY
- (1) If the court makes a recommendation to mercy it shall give its reasons for its recommandation.
(2) The number of opinions by which a recommendation to mercy mentioned in this rule, or any question relative thereto, is adopted or rejected, may be entered in the proceedings.
RULE 76: ANNOUNCEMENT OF SENTENCE AND SIGNING AND TRANSMISSION OF PROCEEDINGS
- (1) The sentence together with any recommendation to mercy and the reasons for any such recommendation shall be announced in open court 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 for confirmation.
RULE 77: REVISION
- (1) Where the finding or sentence is sent back for revision undersection 159-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. The Court shall then deliberate on its finding in closed Court.
(2) Where the Finding is sent back for revision and the court does not adhere to its former finding, it shall revoke the finding and sentence, and record a new finding, and if such new finding involves a sentence, pass sentence afresh.
(3) Where the sentence alone is sent back for revision, the court shall not revise finding.
20[(3A) The accused shall, if he so desires, be allowed to address the court before the court closes for deliberating on its findings or the sentence.]
(4) After revision, the presiding officer shall date and sign the decision of the court, and the proceedings, upon being signed by the judge-advocate, if any, shall be at once transmitted for confirmation.
RULE 78: PROMULGATION
-The charge, finding, sentence, and any recommendations 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 lo the custom of the service.
RULE 79: MITIGATION OF SENTENCE ON PARTIAL CONFIRMATION
- (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 seems just, having regard to the offences in the charges the findings on 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 of such charges or the finding thereon is found to be invalid, the authority having power to mitigate, remit or commute the punishment awarded by the sentence shall lake into consideration the fact of such invalidity, and if it seems just mitigate, remit, or commute the punishment awarded according as seems just, having regard lo the offences in the charges which with the findings thereon are not invalid, and punishment as so modified shall be as valid as if it had been originally awarded only in respect of those offences.
RULE 80: CONFIRMATION NOTWITHSTANDING INFORMALITY IN, OR EXCESS OF PUNISHMENT
-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 is in excess of the punishment authorised bylaw, the confirming authority may vary the sentence so that the punishment shall not be in excess of the punishment authorized by law; and the confirming authority may confirm the finding and the sentence, as so varied, of the court-martial.
RULE 81: MEMBER OR PROSECUTOR NOT TO CONFIRM PROCEEDINGS
-A member of a court- martial an officer who has acted as prosecutor at a court-martial, shall not confirm the finding or sentence of that court-martial, and where such member or prosecutor becomes the confirming officer, he shall refer the finding and sentence of the court- martial to a superior authority competent to confirm the findings and sentences of the like description of court-martial.
RULE 82: SEATING OF MEMBERS
- The members of a court-martial shall take their seats according to their rank.
RULE 83: RESPONSIBILITY OF PRESIDING OFFICER
- (1) The presiding officer is responsible that the trial is conducted in proper order, and in accordance with the Act and these rules, and will take care that everything is conducted 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.
RULE 84: POWER OF COURT OVER ADDRESS OF PROSECUTOR AND ACCUSED
- (1) It shall be the duty of the prosecutor to assist the court in the administration of justice, lo 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 to restrain any undue violence of language or want of fairness of moderation on the part of the prosecutor.
21[(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 purpose of his defence impeach the evidence and the motives of witnesses and prosecutor, and charge other persons with blame and-even criminality, subject, if he does so, to any liability to further proceedings to which he would otherwise be subject. The court may caution the accused as to the irrelevance of his defence, but shall not unless in special cases, stop his defence solely on ground of such irrelevance.]
RULE 85: PROCEDURE ON TRIAL OF ACCUSED PERSONS TOGETHER
- 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 all 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.
RULE 86: SEPARATE CHARGE SHEETS
- (1) When the convening officer directs any charges against an accused person to be inserted in different charge-sheets, the accused shall be arraigned and until after the finding tried, upon each charge-sheet separately, and accordingly the procedure inrule 56-torule 71-(both inclusive) shall untilafter the finding, be followed in respect of each 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 has tried the accused upon all the charge-sheets it shall in the case of the finding being "not guilty" on all the charges proceed as directed by rule 72 and in case of the finding on any one or more of the charges being "guilty" proceed as directed byrule 62-andrule 73-torule 76-(both inclusive), in the manner in each case as if all the charges in the different charge-sheets had been contained in one charge-sheet, and the sentence passed shall be of the same effect as if all the charges had been contained in one charge-sheet.
(4) If the convening officer directs that, in the event of the conviction of the accused person upon a charge in any charge-sheet, he need not be tried upon the subsequent charge-sheets, the court in such event may, without trying the accused upon any of the subsequent charge sheets, proceed as before directed by sub-rule (3).
(5) Where a charge-sheet contains more than one charge, the accused may, before pleading, claim to be tried separately in respect of any charge or charges in that charge-sheet, on the ground that he will be embarrassed in his defence if he is not so tried separately; and in such case the court, unless it thinks his claim unreasonable, shall arraign and try the accused in like manner as if the convening officer had inserted the said charge or charges in different charge-sheets.
(6) If the accused pleads "guilty" to a charge in a charge-sheet, and the trial does not proceed as mentioned in sub-rule (1) ofrule 62-with respect to the other charges in that charge-sheet the court shall, subject to the directions of the convening officer, proceed to try the accused on the charges in the next charge-sheet before it proceeds as directed by sub-rules (3) and (4) ofrule 62-
RULE 87: SITTING IN CLOSED COURT
- (1) When a court-martial sits in closed court on any deliberation amongst the members or otherwise, no person shall be present except the members of the court, the judge advocate, any officers under instruction, and if interpreter has been appointed and the court considers his presence necessary, the interpreter; and the court may either retire, or may cause the place where they sit to be cleared of all other persons not entitled to be present.
(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.
RULE 88: HOURS OF SITTING
- (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 air force authority or, in the absence of any such direction, as the court-martial may, from time to time, determine: Provided that no court-martial shall, subject to the provisions of sub-rules (2) and (3), sit for more than six hours in any one day.
(2) Where the court-martial considers it necessary lo 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, the court-martial shall record in the proceedings the reasons for so doing,
(3) In cases requiring an immediate disposal or when the convening officer certifies under his hand that it is expedient in public interest, trials may be held at my hour.
(4) Where the court-martial or the convening officer or the senior officer on the spot is of the opinion that service exigencies or the interests of discipline require the court-martial to sit on Sunday or any other day declared as a holiday. The court- martial may sit accordingly but in no other case the court-martial shall sit on any of these days.
RULE 89: CONTINUITY OF TRIAL AND ADJOURNMENT OF COURT
- (1) When a court is once assembled and the accused has been arraigned the court shall, subject to the provisions ofrule 88-, continue the trial from day to day 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 lo place, and may, when necessary, view any place.
(3) A court-martial, in the absence of a judge advocate (if such has been appointed for that courtmartial), shall not proceed, and, if necessary shall adjourn.
(4) The senior officer on the spot, may also, for exigencies of the service, adjourn or prolong the adjournment of the court.
(5) If the time to which an adjournment is made is not specified, the adjournment shall be until further orders from the proper air force authority; and if the place lo which an adjournment is made is not specified, the adjournment shall be to the same place or to such other place as may be specified in further orders of the proper air force authority.
RULE 90: SUSPENSION OF TRIAL
- (1) Where, in consequence of anything arising while the court is silting, the court is unable by reason of dissolution, as specified inSec. 17-, or otherwise, to continue the trial, the presiding officer, or in his absence, the senior- member present shall 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 proceedings of the court-martial shall be null, and the accused may be tried by another court-martial.
RULE 91: PROCEEDINGS ON DEATH OR ILLNESS OF THE ACCUSED
- 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 fact of the death or illness by evidence, and record the same, and adjourn, and transmit the proceedings lo the convening authority.
RULE 92: DEATH, RETIREMENT OR ABSENCE OF PRESIDING OFFICER
- In the case of the death, retirement on challenge or unavoidable absence of the presiding officer, the next senior officer 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.
RULE 93: PRESENCE OF MEMBERS DURING TRIAL
- (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 proceedings of the court shall not be invalid unless reduced below the required minimum.
(2) An officer shall not be added to a court-martial after the accused has been arraigned.
RULE 94: TAKING OF OPINIONS OF MEMBERS OF COURT
- (1) Every member of a court must give his opinion on every question which the court has lo decide, and must give his opinion as lo the sentence, notwithstanding that he has given his opinion in favour of acquittal.
(2) The opinions of the members of the court shall be taken in succession, beginning with the member lowest in rank.
RULE 95: PROCEDURE ON INCIDENTAL QUESTION
- If any question arises incidentally during the trial, the person, whether prosecutor or accused, requesting the opinion of the court, is to speak first: the other person is then to answer, and the first person is to be allowed to reply.
RULE 96: SWEARING OF COURT TO TRY SEVERAL ACCUSED PERSONS
- (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 lo be tried together 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 member.
(2) In the case of several accused persons lo be tried separately, the court upon one of those persons objecting to a member, may, according as it thinks fit proceed lo 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 lo be tried separately, the court when sworn or affirmed, shall proceed with one case, postponing the other cases and taking them afterwards in succession.
(4) Where several accused persons are tried separately by the same court martial upon charges arising out of the same transaction, the court may, if it considers it desirable in the interests of justice, postpone consideration of to sentence be awarded to any one or more of such accused persons until the trials of the such accused persons have been completed.
RULE 97: SWEARING OF INTERPRETER AND SHORTHAND WRITER
- (1) At any lime during the trial an impartial person may, if the court thinks it necessary, and shall if either the prosecutor or the accused request it on any reasonable ground, be sworn or affirmed to act as interpreter.
(2) An impartial person may, at any time of the trial, if the court thinks it desirable, be sworn or affirmed to act as a shorthand writer'
(3) Before a person is sworn or affirmed as 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 cause; and the court, if it thinks that the objection is reasonable, shall not swear or affirm that person as interpreter or shorthand writer.
RULE 98: EVIDENCE, WHEN TO BE TRANSLATED
- 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 understands. If an interpreter in such language has been appointed by the convening officer, and duly sworn or affirmed, the evidence shall be interpreted by them. If no such interpreter has been appointed and sworn or affirmed an impartial person shall be sworn or affirmed by the court as required byrule 97- Then documents are put in for the purpose of formal proof, it shall be in the discretion of the court lo cause as much lo be interpreted as appears necessary.
RULE 99: RECORD IN PROCEEDINGS OF TRANSACTION OF COURT MARTIAL
- (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 English language, all transactions of that court, and shall be responsible for the accuracy of the record (in these rules referred to as above 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 where the prosecutor, the accused person, Judge advocate or the court consider it material, the question and answer shall be taken down verbatim.
(3) Any question which has been objected to, and the tender of any evidence which has been objected to, shall, if the prosecutor or accused so requests, or the court thinks fit, be entered with the grounds of the objection, and the decision of the court thereon.
(4) Where any address by, or on behalf of, the prosecutor or the accused person is not in writing, it shall not be necessary to record the same in the proceedings further or otherwise than the court thinks proper, except that-
(a) the court shall in every case make such record of the defence made by the accused as will enable the confirming officer to judge of the reply made by, or on behalf, of the accused to each charge against him; and
(b) the court shall also record any particular matters in the address by, or on behalf of, the prosecutor or accused person, which the prosecutor or accused person, as the case may be, requires.
(5) The court shall not enter in the proceedings any comment or anything not before the court, or any report of any fact not forming part of the trial; but if any such comment or report seems to the court necessary, the court may forward it lo the proper air force authority in a separate document, signed by the presiding officer.
RULE 100: CUSTODY AND INSPECTION OF PROCEEDINGS
- 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, yith proper precaution for their safety, be inspected by the members of the court, the prosecutor and accused, respectively, at all reasonable times.
RULE 101: TRANSMISSION OF PROCEEDINGS
- The proceedings shall, as required underrule 72-orrule 76-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.
RULE 102: DELENDING OFFICER AND FRIEND OF ACCUSED
-(1) At any court-martial an accused person may be represented by any officer subject to air force law 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 desires to have a defending officer assigned lo represent him at his trial and, if he does so desire, the convening officer shall use his best endeavours lo ensure thal the accused shall be so represented by a suitable officer. If owing to service 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 attached to the proceedings.
(3) The defending officer shall have the same rights and duties as appertain to counsel under these rules and shall be under the like obligations.
(4) The friend of the accused may advise the accused on all points and suggest the questions to be put to the witnesses, but he shall not examine or cross-examine the witnesses or address the court.
RULE 103: COUNSEL ALLOWED IN CERTAIN GENERAL AND DISTRICT COURTS MARTIAL
- (1) Subject to these rules counsel shall be allowed to appear on behalf of the prosecutor and accused at general and district courts-martial if the Chief of the Air Staff, or the convening officer declares that it is 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 seems expedient.
(2) Save as provided inrule 102-, the rules with respect to counsel shall apply only to the courtsmartial at which counsel are under this rule allowed to appear.
RULE 104: REQUIREMENTS FOR APPEARANCE OF COUNSEL
- (1) Where an accused person gives notice of his intention to have counsel to assist him during the trial, either on the day on which he is informed of the charge or at any lime not being less than seven days before the trial, or such shorter time before the trial as the opinion of the court would have enabled the prosecutor to obtain. If he had thought fit, counsel to assist him during the trial or where such notice is given to the accused on the part of the prosecution, counsel may appear at the court-martial to assist the accused.
(2) If the convening officer so directs, counsel may appear on behalf of the prosecutor, but in that case, unless the notice under 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 lo obtain counsel to assist him at the trial.
(3) The counsel, who appears before a court-martial on behalf of the prosecutor or accused, shall have the same right as the prosecutor or accused for whom he appears, to call and orally examine, cross-examine and re-examine witnesses to make an objection or statement, to address the court, to put in any plea, and to inspect the proceedings and shall have the right otherwise to act in the course of the trial in the place of the person on whose behalf he appears, and he shall comply with these rules as if he were that person, and in such case that person shall not have the right himself to do any of the above matters except as regards the statement allowed by sub-rule (3) ofrule 62-or sub-rule (2) ofrule 66-or except so far as the court permits him so to do.
(4) When counsel appears on behalf of the prosecutor, the prosecutor, if called as a witness, may be examined and re-examined as any other witness, and clauses (c) and (d) ofrule 64-shall not apply.
RULE 105: COUNSEL FOR PROSECUTION
- The counsel appearing on behalf of the prosecution shall have the same duty as the prosecutor, and is subject to be stopped and restrained by the court in the manner provided by sub-rule (2) ofrule 84-
RULE 106: COUNSEL FOR ACCUSED
- The counsel appearing on behalf of the accused has the like rights and is under the like obligations as are specified in sub-rule (3) ofrule 84-in the case of accused.
RULE 107: GENERAL RULES AS TO COUNSEL
- A counsel, whether for the prosecution or for 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 counsel.
RULE 108: QUALIFICATIONS OF COUNSEL
- (1) Neither the prosecutor nor the accused has any right to object to any counsel if properly qualified.
(2) A counsel shall be deemed lo be properly qualified if he is a legal practitioner authorized 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 country rights and duties similar to those of such a legal practitioner in India and as being subject lo punishment or disability for a breach of professional rules.
RULE 109: STATEMENT BY ACCUSED WHEN DEFENDED BY COUNSEL OR OFFICER
- Notwithstanding the fact that he is represented at the trial by a counsel or an officer subject to22[* * *] air force law, an accused may, if he thinks fit, make a statement as provided in sub-rule (3) ofrule 62- and sub-rule (2) ofrule 66-giving his own account of the subject of the charges against him.
RULE 110: DISQUALIFICATIONS OF JUDGE ADVOCATE
- An officer who is disqualified for sitting on a court-martial, shall be disqualified for acting as judge advocate at that court-martial.
RULE 111: POWERS AND DUTIES OF JUDGE ADVOCATE
- The powers and duties of a judge- advocate are as follows:
(a) The prosecutor or the accused is at all limes, after the judge-advocate is named lo 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;
(b) At a court-martial he represents the23Chief Legal Adviser;
(c) 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 informably or defect in the charge, or in the constitution of the court, and shall give his advice on any matter before the court.
(d) Any information or advice given lo the court on any matter before the court shall, if he or the court desires it, be entered in the proceedings.
(e) At the conclusion of the case he shall, unless both he and the court consider it unnecessary, sum up the evidence and give his opinion upon the legal hearing of the case before the court proceeds to deliberate upon its finding.
(f) The court, in following the opinion of the judge-advocate on a legal point, may record that it has decided in consequence of that opinion.
(g) The judge-advocate has, equally with the presiding officer, the duty of taking care that the accused does not suffer any disadvantage in consequence of his position as such, or of his ignorance or incapacity lo examine or cross-examine witnesses or otherwise, and may, for that purpose, with the permission of the court, call witnesses and put questions to witnesses, which appear to him necessary or desirable to elicit the truth.
(h) In fulfilling his duties, the judge-advocate must be careful to maintain an entirely impartial position.
RULE 112: CALLING OF ALL PROSECUTOR'S WITNESSES
- The prosecutor is not bound to call on the witnesses for the prosecution whose evidence is in the summary of evidence or whom the accused has been informed it is intended to call, but should ordinarily all such of them as the accused desires in order that may cross- examine them and shall, for this reason, so far as practicable, secure the attendance of all such witnesses.
RULE 113: CALLING OF WITNESSES WHOSE EVIDENCE IS NOT CONTAINED IN SUMMARY
- If the prosecutor intends to call a witness whose evidence is not contained in any summary given to the accused, notice of the intention shall be given to the accused, a reasonable time before the witness is called; and if such witness is called without such notice 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.
RULE 114: LIST OF WITNESSES LOR ACCUSED
- 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, and for whose attendance the accused has not requested steps to be taken as provided by sub-rule (1) ofrule 40-
RULE 115: PROCURING ATTENDANCE OF WITNESS
- 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.
RULE 116: PROCEDURE WHEN ESSENTIAL WITNESS IS ABSENT
- If such proper steps as mentioned In the preceding rule have not been taken as lo any witness, or if any witness whose allendance could not reasonably be 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) adjourn and report the circumstances to the convening officer.
RULE 117: WITHDRAWAL OF WITNESSES FROM COURT
- 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.
RULE 118: OATH OR AFFIRMATION TO BE ADMINISTERED TO WITNESSES
- An oath or affirmation shall, if so required by the Act, be administered to every witness, before he gives his evidence, by a member of the court, the judge-advocate, 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,......................................... do swear in the name of God that what I shall state shall be the truth, the whole truth, and nothing but the truth." Form of Affirmation "I, ........................................ do solemnly affirm that what I shall state shall be the truth, the whole truth, and nothing but the truth."
RULE 119: MODE OF QUESTIONING WITNESS
- (1) Every question shall be put to a witness orally by the presiding officer, the judge-advocate, the prosecutor or the accused person 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 wilness as taken down shall be read to him after he has given all his evidence and before he leaves the court, and shall, if necessary, be corrected.
(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 the evidence, record the objection made to it by the witness.
(4) If the evidence is not given in English and the witness does not understand that language the evidence as recorded shall be interpreted to him in the language in which it was given or in a language which he understands.
RULE 120: QUESTION TO WITNESS BY COURT OR JUDGE JUDGE--ADVOCATE
- (1) At any time before the time for the second address of the, accused the presiding officer, the judge advocate and, with the permission of the court, any member of the court may address any question to a witness. .
(2) Upon any such questions being answered, the officer conducting the proceeding shall also put to the witness any question relative to that answer which he may be requested to put by the prosecutor or the accused, and which the court deems reasonable.
RULE 121: RECALLING OF WITNESSES AND CALLING OF WITNESSES IN REPLY
- (1) At the request of the prosecutor or accused person, a witness may, by leave of the court, be re-called at any time before the time for the second address of the accused, for the purpose of having any question put to him through the officer conducting the proceedings.
(2) A witness may, in special cases, be allowed by the court to be called or recalled by the prosecutor before the time for the second address of the accused, for the purpose of rebutting any material statement made by a witness for the defence upon his examination by the accused on any new matter which the prosecutor could not reasonably have foreseen.
(3) Where the accused has called witnesses to character, the prosecutor, before the time for the second address of the accused, may call or recall witnesses for the purpose of proving a previous conviction or entries in the service records against the accused.
(4) The court may call or recall any witness at any time before the Finding if it considers that it is necessary for the ends of justice. Addresses.
RULE 122: ADDRESSES MAY BE IN WRITING
- Addresses by the prosecutor and the accused and the summing up of the judge advocate may either be given orally or be in writing, and if in writing, shall be read in open court.
RULE 123: PROVISIONS AS TO FINDING OF INSANITY
- Where the court finds either that the accused is of unsound mind and consequently 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 presiding officer shall date and sign the finding and the proceedings, upon being signed by the judge-advocate if any, shall be at once transmitted to the confirming officer.
RULE 124: PRESERVATION OF PROCEEDINGS
- The proceedings of a court-martial shall after promulgation be forwarded, as circumstances require, to the office of the Chief Legal Adviser and there preserved for not less, in the case of a general courtmartial, than seven years, and in the case of any other court-martial, than three years.
RULE 125: RIGHT OF PERSON TRIED TO COPY OF PROCEEDINGS
- Every person tried by a court-martial shall, after the proceedings have been signed by the presiding officer and where applicable, by the judge advocate, and before they are destroyed, on a request made by such person in writing for the supply of a copy of such proceedings, be furnished within a reasonable time and free of cost a copy thereof including the proceedings upon revision, if any.]
RULE 126: COPY OF PROCEEDINGS NOT TO BE GIVEN IN CERTAIN CASES
- Notwithstanding anything contained inrule 125-, if the Central Government certifies that it is against the interest or 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 a finding or sentence, it shall permit inspection of the proceedings by 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
(b) the person allowed to inspect the proceedings shall, before such inspection furnish-
(i) an undertaking, in writing, that he shall not make copies of the proceedings or any part thereof and that the information or documents contained in such proceedings shall not be used by him, for any purpose whatsoever other than for the purpose of submitting a petition in accordance with the Act or instituting any action in a court of law in relation to the said finding or sentence; and
(ii) a certificate that he is aware that he may render himself liable to prosecution underSec. 3-andsection 5 of the Official Secrets Act, 1923 (19 of 1923)-, if he commits any act specified in the said sections in relations to the documents or information contained in the said proceedings.
RULE 127: LOSS OF PROCEEDINGS
- (1) If before confirmation the original proceedings of a court-martial, or any part thereof, are lost, a copy thereof, if any, certified by the presiding officer of or the judge advocate at the courtmartial 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 consent of the accused, be accepted in lieu of the original proceedings, or part thereof lost.
(3) In any case mentioned above 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 proceedings, or part thereof, were lost before confirmation, and there is no such copy or evidence, or the accused refuses such consent as mentioned above, the accused may be tried again, and on the issue of an order convening the court for the trial, the finding and sentence of the previous court of which the proceedings were so lost, shall be null.
(5) If, after confirmation, the original proceedings of a court-martial or any part thereof are lost and there is sufficient evidence of the charge, finding sentence, and transactions of the court, and of the confirmation of the finding and sentence, that evidence shall be valid and sufficient record of the trial for all purposes.
RULE 128: VALIDITY OF IRREGULAR PROCEDURE IN CERTAIN CASES
- 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, such finding and any sentence which the court-martial had jurisdiction to pass there on may be confirmed, and shall, if so confirmed, 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 if 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 lo administer an oath or affirmation to the interpreter or shorthand writer; but nothing in this rule shall relieve an officer from any responsibility for any wilful or negligent disregard of any of these rules.
RULE 129: OFFENCES OF WITNESSES AND OTHERS
- When any court-martial is of opinion that there is ground for inquiring into any offence specified in Sees. 59 and 60 of the Act 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-
(a) 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 air force authority and may also order him to be placed in air force custody with a view to his punishment by an officer exercising authority underSec. 82-orSec. 86-or to his trial by court-martial;
(b) if the person who appears to have done the act is subject to the Army Act, 1950 or the Navy Act, 1957, the court may bring his conduct lo the notice of the proper military or naval authority;
(c) if the person who appears to have done the act is not subject to military, naval or air force law, than in the case of acts which would, if done by a person subject to the Act, have constituted an offence under Cl. (a), Cl. (b), Cl. (c) or Cl. (d) ofSec. 59-the officer who summoned the witness to appear or the presiding officer of the court-martial, as the case may be, may forward a written complaint to the nearest Magistrate of the first class having jurisdiction, and in the case of acts which would, if done as aforesaid, have constituted an offence under Cl. (e) ofSec. 59-or under .Sec 60-, the court, after making any preliminary inquiry that may be necessary, may send the case to the nearest Magistrate of the first class having jurisdiction for inquiry or trial in accordance withSec. 476 of the Code of Criminal Procedure, 1898(8 of 1898)26.
RULE 130: CONVENING THE COURT AND RECORD OF PROCEEDINGS
- (1) The court may be convened and the proceedings of the court recorded in accordance with Form F. 3 in the Sixth Schedule, with such variations as the circumstances 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 commissions for not less than one year, but if any officers, who have held commission for not less than three years, are available they shall be selected in preference to officers of less service.
(3) A provost-marshal, assistant provost-marshal or officer who is a prosecutor or witness for prosecution shall not be appointed a member of the court.
RULE 131: CHARGE
- The statement of an offence may be made briefly in any language sufficient to describe or disclose an offence under the Act.
RULE 132: TRIAL OF SEVERAL ACCUSED PERSONS
- The court may be sworn, at the same time to try any number of accused persons than present before it, but except is provided inrule 41-, the trial of each accused person shall be separate.
RULE 133: CHALLENGES
- (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 inSec. 129-andrule 52-, the vacancies being filled from among the waiting members, if any, or by fresh members being appointed by the convening officer.
RULE 134: SWEARING OR AFFIRMING THE COURT, JUDGE JUDGE--ADVOCATE ETC
- The provisions of rule 53-,rule 54-andrule 55-relating to administering and taking of oaths and making of affirmations shall apply to every Summary general court-martial.
RULE 135: ARRAIGNMENT
- When the court is sworn or affirmed, the judge-advocate, if any, or the presiding officer shall inform the accused then to be tried, the offence with which he is charged, if necessary, with an explanation giving him full information of the act or omission with which he is charged, and shall ask of the accused whether he is guilty or not of the offence.
RULE 136: PLEA TO JURISDICTION
- 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.
RULE 137: EVIDENCE
- (1) The witnesses for the prosecution will be called and the accused shall be allowed to crossexamine them and to call any available witnesses for his defence.
(2) An oath or affirmation as laid down inrule 118-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.
RULE 138: DEFENCE
- (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 lo assist him during the trial, whether a legal adviser or any other person.
(2) The court, or the judge-advocate, if any, may question the accused 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. but the court may draw such inference from such refusal or answers as it thinks fit.
RULE 139: RECORD OF THE EVIDENCE AND DEFENCE
- (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: Provided that it it appears to the convening officer that exigencies of the service or other circumstances prevent compliance with this provision, he may direct that the trial may be carried on without any such brief record being taken down.
(2) If the accused pleads "guilty" the summary 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 iri the summary of evidence so read.
RULE 140: FINDING AND SENTENCE
-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
RULE 141: ADJOURNMENT
- (1) A summary general court-martial may adjourn from time to time and from place to place and may when necessary inspect 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.
RULE 142: APPLICATION OF RULES
- The rules specified in the Table below shall, so far as practicable, apply to Summary General Courts- Martial as if Summary Courts- Martial were District Courts-Martial. TABLE Rule 24 : Disposal of the charge or adjournment for taking down the
RULE 143: EVIDENCE OF OPINION OF CONVENING OFFICER
- 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.
RULE 144: COMMITTAL WARRANT
- A warrant for the committal of a person lo a civil prison, or to a military or an Air Force prison or to detention barracks under the provisions ofSec. 165-,Sec. 166-orSec. 170-shall be in the relevant form given in the Seventh Schedule. Such warrant shall be- signed and forwarded by the commanding officer of the prisoner or by an officer superior in command to such commanding officer or by any staff officer of such superior officer.
RULE 145: WARRANTS UNDER SEC. 171
- (1) Every warrant issued underSec. 171-shall be in the relevant Form given in the Seventh Schedule, and shall be signed by the officer making the order in pursuance of which such warrant is issued or by his staff officer.
(2) The prescribed officer for the purpose of forwarding the warrant underSec. 171-shall be the officer commanding the unit or detachment to which the person belongs or is attached.
RULE 146: SENTENCE OF CASHIERING OR DISMISSAL
- (1) A sentence of cashiering awarded by a court-martial shall take effect from the date on which the sentence is promulgated to the person under sentence: Provided that when cashiering is not combined with imprisonment or death and the confirming officer has specified a date for cashiering to take effect, the cashiering shall take effect from the date of promulgation or from the date so specified, whichever is later.
(2) A sentence of dismissal awarded by a court-martial shall take effect from the date on which the sentence is promulgated to the person under the sentence, or from such subsequent date as may be specified by the commanding officer at the time of such promulgation: Provided that where dismissal is combined with imprisonment or detention which is carried out in a military or air force prison, or in military or air force detention barracks, detention cells or other military or air force custody, or with field punishment, the dismissal shall not take effect until the date on which the prisoner is duly released from such military or air force prison or military or air force detention barracks, detention cells or other military or air force custody, or until the completion of the field punishment, unless such field punishment is remitted by competent authority: Provided further that, when dismissal is combined with imprisonment which is carried out in a civil prison, the dismissal shall not take effect until the date on which the prisoner is received in the civil prison.
RULE 147: CUSTODY OF PERSON UNDER SENTENCE OF DEATH
- (1) Notwithstanding anything contained inrule 22-, when a person is sentenced by court-martial to suffer death, the commanding officer for the time being of such person may, if he thinks fit, by a warrant in the relevant form in the Seventh Schedule, commit the said person for safe custody in an air force, military or civil prison or in air force or military detention barracks pending confirmation or the carrying out of the sentence.
(2) Where a person under sentence of death is in air force custody, or in air force prison or detention barracks, the rules, regulations and orders (other than those relating lo work and training) governing such custody, prison or detention barracks shall, subject to the following provisions, apply to him, namely :-
(a) he shall be deprived of every article which it might be dangerous or inexpedient to leave in his possession;
(b) he shall be confined in a separate cell and kept apart from all other persons under sentence of death, imprisonment or detention, or in custody;
(c) he shall be kept by day and by night in the constant charge of two officers. warrant officers or non-commissioned officers;
(d) he shall not be requested lo perform any duties other than to keep clean his person and cell;
(e) he shall be allowed daily physical exercise;
(f) he shall be granted facilities to correspond with his relatives, friends and legal advisers;
(g) he shall be permitted to smoke;
(h) he shall be visited once daily by the commanding officer or the commandant of the unit, prison or detention barracks as well as by the medical officer;
(i) he shall not be visited by any person other than a member of the staff on duty unless prior permission in writing has been given by the confirming authority or an authority specified by the confirming authority in his behalf;
(j) where the confirming authority or the officer specified by it in this behalf has given a written permission to any person other than a member of the staff on duty to visit the person sentenced to death the visit shall take place in the sight of a member of the staff, and unless the confirming authority or the specified officer orders otherwise, in the hearing of a member of the staff.
Explanation.- In this rule reference to "a member of the staff means a member of the staff of the air force unit, prison or detention has racks in which the person under sentence has been held in custody.
RULE 148: OPPORTUNITY FOR PETITION AGAINST SENTENCE OF DEATH
- (1) While confirming a 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 lime of promulgation, be informed of his rights under sub-section (2) ofSec. 161-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 against him 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 Air Staff or the Central Government, through the27Air officer incharge Personnel at the Air Headquarters and in any other case, through the confirming officer.
(4) A sentence of death shall not be carried into effect until the expiry of the period specified by the confirming authority under sub-rule (1) or if, within the period so specified, the person under sentence submits a petition against the finding or sentence of the court-martial, until the authority legally competent to dispose of such petition finally, after considering the petition, orders that the sentence of death may be carried into effect.
RULE 149: DEATH WARRANT
- (1) The officer commanding the air force station to which the person sentenced belongs or is attached, or where there is no such air force station, the air or other officer commanding the command or the group to which such person belongs or is attached shall nominate a provostmarshal or other officer not below the rank of Squadron Leader 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 the Seventh Schedule.
(2) The officer specified in sub-rule (1) shall not issue the death warrant until he is satisfied that having regard to the provisions ofrule 148-, 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).
RULE 150: EXECUTION OF SENTENCE OF DEATH
- (1) On receipt of the death warrant, the provost-marshal or other officer, nominated under subrule (1) ofrule 149-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 an air force, military or civil prison or to air force or military detention barracks, obtain the custody of his person by issuing a warrant in the relevant form contained in the Seventh Schedule,
(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 he given by or under the authority of the Chief of the Air Staff.
(2) During the execution of a sentence of death passed under the Act, no person except those specified below, shall be present without the authority of the officer who issued the death warrant. The following persons shall attend the execution of the sentence of death:-
(a) the provost-marshal or other officer who is responsible for the due execution of the sentence in accordance with these rules;
(b) a commissioned medical officer of the armed forces of the Union;
(c) an officer nominated by the officer who issued the death warrant, who is able to identify the person under sentence as the person described in the death warrant and as the person who was tried and sentenced by the court- martial mentioned therein;
(d) such non-commissioned officers as may be detailed by the provost-marshal or the other officer aforesaid for escort and security purposes or to assist at the execution;
(e) if the execution is carried into effect in an air force unit or station, the officer for the time being in command of such station or unit.
RULE 151: PROCEDURE ON PARDON, OR WHERE PROCEEDINGS ARE SET ASIDE OR WHERE SENTENCE OF DEATH IS COMMUTED OR REMITTED
- Where a person sentenced to death is pardoned, or where the proceedings against him are set aside under the Act or where the sentence of death is not confirmed or is commuted or remitted under the Act, then-
(a) if he is in custody in an air force, military or civil prison, or in an air force or military detention barracks under a warrant issued underrule 147-, a further warrant in the relevant form given in the Seventh Schedule shall be issued by the commanding officer of such person; or
(b) if he has been detained in air force custody he shall be released or, as the case may be, any warrant which may be necessary to give effect lo the sentence as so commuted or remitted shall be issued by such commanding officer.
RULE 152: FIELD PUNISHMENT
- (1) A court-martial or an officer exercising authority underSec. 82-may, for the purpose of awarding field punishment under the Act, sentence an offender for a period not exceeding, in the case of a court-material, three months, and in the case of such an officer, twenty-eight days, to one of the following punishments, namely:-
(a) field punishment No. 1.
(b) field punishment No. 2.
(2) Where an offender is sentenced to field punishment No. 1, he may during the continuance of his sentence unless the court-martial or the officer, as the case may be, otherwise directs, be punished as follows:-
(a) he may be kept in irons, that is to say, in fetters or hand-cuffs or both fetters and hand-cuffs, and may be secured so as to prevent his escape,
(b) when in irons, he may be attached for a period or periods not exceeding two hours in any one day to a fixed object, but he must not be so attached during more than three out of any four consecutive days, nor during more than twenty one days in all.
Explanation 1.- The offenders must be attached so as to be standing firmly on his feet which, if tied, must not be more than twelve inches apart and it must be possible for him to move each fool at least three inches. If he is tied round the body there must be no restriction of his breathing. If his arms or wrists are tied, there must be six inches of play between them and the fixed object. His arms must hang either by the side of his body or behind his back.
Explanation 2.- For the purpose of this punishment, irons should be used when available, but straps or ropes may be used in lieu of them when necessary. Any straps or ropes used for the purpose must be of sufficient width to inflict no bodily harm, and leave no permanent mark on the offender.
(c) He may be subjected to the like labour, employment and restraint and dealt with in like manner as if he were undergoing a sentence of rigorous imprisonment.
(3) Where an offender is sentenced to Field punishment No. 2, the provisions of sub-rule (2) with respect to Field punishment No. 1 shall apply in his case except that he shall not be liable to be attached to a Fixed object as provided in Cl. (b) of that sub-rule.
(4) Every portion of a field punishment shall be inflicted in such a manner as is calculated not to cause injury or leave any permanent mark on the offender; and a portion of a field punishment must be discontinued upon a report by a responsible Medical Officer that the continuance of that portion would be prejudicial to the offender's health.
(5) Field punishment shall be carried out within the unit to which the offender belongs or is attached so long as that unit is actually on the move, but when the unit is halted at any place where there is a provost-marshal or any other officer appointed by the commander of the forces or the air forces in the Field to execute such punishment, the punishment shall be carried out under the orders of such officer.
(6) When the unit to which the offender belongs or is attached is actually on the move, an offender awarded field punishment No.1 shall be exempt from the operation of Cl. (b) of sub-rule (2) but all offenders awarded Field punishment shall march with their unit, carry their arms and equipment, perform all their air force duties as well as extra fatigue duties, and be treated Ss defaulters.
RULE 153: NATURE OF PUNISHMENT OF DETENTION
- A sentence of detention awarded by a court-martial or by an ofFicer exercising authority under Sec. 82-may be carried out-
(a) in a military or air force detention barrack;
(b) in a barrack detention room under the control of a military or air force unit;
(c) on active service, when the unit is halted at any place where there is a provost-marshal, under the orders of such officer.
CHAPTER 06: COURTS OF INQUIRY
RULE 154: GENERAL
- (1) A court of inquiry is an assembly of officers or of officers and warrant officers directed to collect evidence, and if so required, to report with regard to any matter which may be referred to them.
(2) A court of inquiry may be assembled by the officer in command of any unit or portion of the Air Force.
(3) The court may consist of any number of officers of any rank or of one or more officers together with one or more warrant officers. The members of the court may belong to any branch or department of the service, according to the nature of the investigation.
(4) Previous notice shall be given of the time and place of the meeting of a court of inquiry, and of all adjournments of the court, to all persons concerned in the inquiry (except a prisoner of war who is still absent).
(5) It is the duty of a court of inquiry to put such questions to a witness as it thinks desirable for testing the truth or accuracy of any evidence he has given and otherwise for eliciting the truth.
(6) The whole of the proceedings of a court of inquiry shall be forwarded by the presiding officer to the officer who assembled the court.
(7) The court may be reassembled as often as the officer who assembled the court may direct, for the purpose of examining additional witnesses, or further examining any witnesses, or recording further information.
RULE 156: COURTS OF INQUIRY OTHER THAN THOSE HELD UNDER SEC.107
- (1) The court shall be guided by the written instructions of the authority which assembled the court. The instructions shall be lull and specific, and shall State the general character of the information required. They shall also State whether a report is required or not.
(2) Save in the case of a prisoner of war who is still absent, whenever any inquiry affect the character or service reputation of a person subject lo the Act, full opportunity must be afforded to such person of being present throughout the inquiry and of making any statements 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 service reputation, and producing any witnesses in defence of his character or service reputation.
(3) When a court of inquiry is held on prisoners of war, and in any other case in which the officer who assembled the court has so directed, the evidence shall be taken on oath or affirmation, in which case the court shall administer the same oath or affirmation to witnesses as if the court were a court-martial.
(4) 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 lo 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 prisoner of war still absent, whether he failed to return to the service when it was possible for him to do so. The officer who assembled the court shall also record his own opinion on these points. In other cases, the court shall give no opinion on the conduct of any person unless so directed by the officer who assembled the court.
(5) The members of the court shall not themselves 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, ............A..........B..................... 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 rules and regulations made under the Air Force Act, 1950, and I do further declare, upon my honour, that I will not on any account or at 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.
(6) The proceedings of a court of inquiry, or any confession or 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 Air Force Law, 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.
1[(7) Any person subject to the Act whose character or service reputation is in the opinion of the Chief of the Air Staff, affected by anything in the evidence before or in the report of a court of inquiry shall be entitled to a copy of the proceedings of such court unless the Chief of the Air Staff sees reason to order otherwise.
(8) Any person subject to the Act who is tried by a court-martial in respect of any matter or thing which has been reported on by a court of inquiry shall be entitled to a copy of the proceedings of such court, including any report made by the Court: Provided that if the Chief of the Air Staff considers that it is against the interests or the security of the State or friendly relations with a foreign State to supply a copy of the proceedings or any part thereof, such person shall not be furnished with such copy, but in such cases he shall, subject to suitable precautions as to security, be permitted inspection of such portions of the proceeding of the court of inquiry, on the basis of which the charges, on which he is arranged before the court-martial, have been framed.
(9) A copy of lhe proceedings of the court of inquiry shall be furnished under sub-rules (7) and (8) on payment for the same of a sum calculated at the rate of fifty paise for every two hundred words or part thereof.
(10) A person subject to the Act before he is, under sub-rule (7) or sub-rule (8), furnished with a copy of lhe proceedings of the court of inquiry or is permitted to inspect any portion of the proceedings shall be required to render certificate that he is aware that he may render himself liable to prosecution under the Official Secrets Act, 1923 (19 of 1923) for any breach of the provision of the said Act, in relation to such proceedings or portion thereof.]
RULE 157: IMPOSITION OF COLLECTIVE FINES UNDER SUB SUB--SECTION (1) OF SECTION 90
-The collective fine imposed under sub-section (1) ofSection 90-shall not exceed the current official price of the weapon or part of the weapon, the loss or their of which was reported upon by the court of inquiry, or where more than on such weapon or parts of weapons were so reported upon, the aggregate of the current official prices of such weapons or parts of weapons."
CHAPTER 07: PRESCRIBED AUTHORITIES, OFFICERS AND OTHER MATTERS
RULE 158: CONDITIONS PRESCRIBED UNDER SEC. 4 (XXIII)(B)
-For the purposes of the Act and these rules, the expression "officer", in relation to a person subject to the Act, includes a person gazetted, commissioned or in pay as an officer of the regular Army or the Navy, as the case may be, when the person subject to the Act is serving under any of the following conditions, namely:-
(a) when he has been placed under the orders of such officer;
(b) when he is being conveyed inorison board a vehicle, vessel or aircraft which is being commanded by such officer;
(c) when he is serving in or is a patient in a hospital or medical establishment in which such officer is on duty;
(d) when he forms part of or is serving with a body of the Air Force which is acting with a body of the regular Army or the Navy, and any one of these bodies is on active service;
(e) when he forms part of or is serving with a body of the Air Force acting in an emergency with a body of the regular Army or the Navy and an order in writing is made by the officer commanding that body of the Air Force that an emergency exists and it is necessary for the officers of the regular Army or the Navy, as the case may be, to exercise command over persons subject to the Act. NOTE:- A copy of every such order shall forthwith be sent to the Central Government:
(f) when he is serving in any place in which or with any body of the Air Force with which, there is present any officer of the regular Army or the Navy and the Central Government has by special order declared that it is necessary for the officers of the regular Army or the Navy to exercise command over persons subject to the Act in that place or with that body of the Air Force.
RULE 159: CONDITIONS PRESCRIBED UNDER SEC. 4 (XXVII)
- When a person subject to the Act has been placed tinder the orders of an officer, junior commissioned officer, warrant officer, petty officer or non-commissioned officer of the regular Army or the Navy, such officer, junior commissioned officer, warrant officer, petty officer or non- commissioned officer, as well as those other officers, junior commissioned officers, warrant officers, petty officers or non-commissioned officers of the regular Army or the Navy who are directly superior in command to such officer, junior commissioned officer, warrant officer, petty officer or non-commissioned officer shall for the purposes of the Act and these rules be superior officers in relation to such persons.
RULE 160: PRESCRIBED OFFICER UNDER SEC. 7(1)
- The prescribed officer for the purposes of sub-section (1) ofSec. 7-shall be the officers commanding a station, wing squadron or unit, nominated in this behalf by the Air or other officer commanding the command or group in which the person is for the time being serving.
RULE 160A: PRESCRIBED OFFICERS UNDER SEC. 20(3)
- The Prescribed officer for the purpose of sub-section (3) ofSec. 20-shall be the air or other officer commanding a group.]
RULE 161: PRESCRIBED OFFICER UNDER SEC. 80
- The prescribed officer for the purposes ofSec. 80-shall be the officer commanding the Forces in the field, or the air or other officer commanding the Command, group, or in the field any detached portion of the air force, in which the trial was held, or any officer superior in command to such air or other officer.
RULE 162: PRESCRIBED OFFICER UNDER SEC. 92(I)
- The prescribed officer for the purposes of Cl. (i) ofSec. 92-shall be the Chief of the Air Staff.
RULE 163: PRESCRIBED OFFICER UNDER SEC. 94 OF THE ACT
- The prescribed officer for purposes ofSec. 94-shall, in the case of an officer or a warrant officer, be the Chief of the Air Staff and, in the case of a person other than an officer or a warrant officer, be the officer empowered to convene a court-martial for his trial.
RULE 164: PRESCRIBED AUTHORITY UNDER SEC. 98
- Any penal deduction from the pay and allowances of a person subject to the Act, made under Chapter VIII thereof, may be remitted as provided below-
(a) the Central Government may remit to any extent any penal deduction from the pay and allowances of any person.
(b) where an airman absents himself without leave for a period not exceeding five days, the officer who is in command of the unit, for which he absented himself, at the time when such absence terminates, or the Chief of the Air Staff may, if a satisfactory explanation is given by such airman, remit in whole or in part the forfeiture of pay and allowances to which that absence renders him liable provided that the airman is not convicted by a court- martial on a charge for such absence.
(c) A forfeiture of pay and allowances incurred by any person subject to the Act owing to his absence as a prisoner of war may in whole or in part be remitted by the Chief of Air Staff or by the officer commanding the air forces in the field, except when such forfeiture has been ordered by the Central Government under Cl. (h) ofSec. RULE 165: PRESCRIBED AUTHORITIES UNDER SECS. 99 AND 100
- (1) The prescribed authorities for the purposes ofSec. 99-andsec. 100-shall be the officer commanding the air forces in the field under whom the person was serving at the time he became a prisoner of war or was found missing, or the Director of Personal Services, Air Headquarters, or any authority superior either to the said officer commanding or the said Director.
(2) Any such authority may, in its discretion and subject to a maximum of 50 per cent of the pay and allowances of the prisoner of war or the person missing, make such provisions from time to time for the dependents of the prisoner of war or the person missing, as the case may be, for whom in its judgment such provision should be made.
RULE 166: PRESCRIBED OFFICERS UNDER SEC. 108(1)
- The following shall be the prescribed officers for the purposes of sub-section (1) ofSec. 108-, namely:-
31[(a) an Air or other officer commanding a command or an independent group, may appoint any person subject to the Act and serving under him to exercise the powers of a provost marshal in relation to the persons serving under the command of such air or other officer.]
(b) the Air Officer incharge of Administration at the Air Headquarters may appoint any person subject to the Act serving in the Air Headquarters or the units directly under the Air Headquarters to exercise the powers of a provost-marshal in relation to all persons serving in the Air Headquarters and such units;
(c) an officer commanding the air forces in the field may appoint any person subject to Act and serving under him to exercise the powers of a provost- marshal in relation to such air forces.
RULE 167: PRESCRIBED OFFICERS UNDER SEC. 124
- The prescribed officers for the purposes ofSec. 124-shall be the air or other officer commanding the command or the officer commanding the Forces or the air forces in the field, under whom the accused person is serving.
RULE 168: PRESCRIBED OFFICER UNDER SEC. 141(1)
- The prescribed officer for the purposes of sub-section (1) ofSec. 141-shall be the officer commanding the unit to which the person appears to have belonged, or alleges that he belongs or had belonged, but:-
(a) in the case of officers, the Director of Personnel (Officers); and
(b) in the case of airmen, Officer Commanding, Air Force Record Office, shall also be the prescribed officer.
RULE 169: MANNER OF CUSTODY UNDER SEC. 144(4)
- For the purposes of sub-section (4) ofSec. 144-, the accused shall be confined in such manner as may, in the opinion of the proper air force authority, be best calculated to keep him securely without unnecessary harshness.
RULE 170: PRESCRIBED OFFICER UNDER SEC. 145
- The prescribed officer for the purposes ofSec. 145-shall be the Chief of the Air Staff or the air or other officer who has powers to convene a court-martial for the trial of the accused person.
RULE 171: PRESCRIBED OFFICER UNDER SEC. 161(2)
- The prescribed officer for the purposes of sub-section (2) ofSec. 161-shall be any officer superior in command to the officer who confirmed the proceedings, provided that he has powers not less than that of an air officer commanding a command.
RULE 172: PRESCRIBED OFFICER UNDER SEC. 162 AND ANNULMENT OF PROCEEDINGS
- (1) The' prescribed officer for the purposes ofSec. 162-shall be any officer superior in command to the officer who confirmed the proceedings.
(2) The proceedings of any court-martial may be annulled under the said section after considering the advice of the Chief Legal Adviser or Deputy Chief Legal Adviser.
RULE 173: PRESCRIBED OFFICER UNDER SEC. 166(1)
- The prescribed officer for the purposes of sub-section (1) ofSec. 166-shall be any officer superior in command to the officer who confirmed the proceedings.
RULE 174: PRESCRIBED OFFICER UNDER SEC. 177
-The prescribed officer for the purposes ofSec. 177-shall be the air or other officer commanding a command but in relation to persons convicted on active service, the officer commanding the air forces in the field shall also be the prescribed officer.
SCHEDULE 01: FIRST SCHEDULE
(seerule 7-) Form of Enrolment as combatant FORM A-1 The prescribed periods for which persons shall be enrolled are stated in the appropriate orders of the Government of India,and save as is hereinafter provided, no person shall by reason of an error in his enrolment paper or otherwise be compelled to serve for a period longer than that for which he should have been earolled though he may do so voluntarily provided his services are required. ENROLMENT OF No..................................Name (inblock letters)............................................................. as a ..................................in the Air Force. PART I (Questions to be put before enrolment) You are warned that if after enrolment, it is found that you have given a wilfully false answer to any of the first thirteen of the following questions you will be liable to be punished as provided in the Air Force Act, 1950. (ALL THE ANSWERS ARE TO BE WRITTEN IN BLOCK LETTERS) Questions: 1. What is your name ? (underline surname) 2. (a) What is your place of birth ? State Village/Town, District and State, of birth (b) What is your date of birth ? (State in Christian Era.) (N.B.: To support the date of birth the person being enrolled will be required to produce in original, together with an attes- ted copy, one of the certificates specified in Government orders from time to time). 3. What is your permanent home address ? (a) Village/Town. (b) Thana. (c) Post office (d) Pergunnah/Tehsil. (e) District/Taluka. (f) State.4. (a) What is your religion ? (b) Are you a member of a Scheduled Caste or Scheduled Tribe ? If so, state caste or tribe. 5. (a) Are you a citizen of India ? If so, whether by birth or descent or registration or naturalisation or otherwise ? (b) Are you a subject of NEPAL or SIKKIM or BHUTAN ? If so, state of which of the two ? (c) If you are not a citizen of India or a subject of NEPAL or SIKKIM or BHUTAN what is your Nationality ? (N.B.: In the case of foreign nationals other than subjects of Nepal or Sikkim or BHUTAN, consent of the Central Government signified in writing, if any, should be produced before a person is enrolled. In the case of a subject of Nepal other than a Gorkha, a certificate of eligibility must be given by the Government of India.) (d) Have you migrated from areas in Pakistan or Burma or Ceylon or the East African countries of Kenya, Uganda, United Republic of Tanzania (formerly Tanganyika and Zanzibar)? If so, slate:- (i) What was the date of your migration and from which country ? (ii) If you migrated from Pakistan on or after the 19th July, 1948, was a certificate of eligibility issued to you by the Government of India? (N.B.-In favour of person of Indian origin who have migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and United Republic of Tanzania (fromerly Tanganyika and Zanzi- bar) with the intention of permanently set- ting in India, a certificate of eligibility must be given by the Government of India which will be for a period of one year after which such candidates will be retained in service subject to their having acquired India Citizenship.) 6. What are your educational qualifications ? (Original certificates, with one attested copy of each, are to be produced). 7. Are you married ? If so, state: (i) Date of Marriage(s). (ii) Name(s) of wife/wives. (iii) Nationality of wife/wives. (* Where a wife is deceased or has been divorced, the date of death/divorce should be stated.) 8. (a) What is your father's name and address ? If dead, state last address, District and State. (b) What is or was the nationality of your father ? If he is or was an Indian citizen, state whether by birth, descent, registration, naturalisation or otherwise. 9. Are you or have you ever been a party or organisation of a political, communal or cultural nature ? If so, state the name of the party or organisation with the period or periods of your membership therein. 10. (a) Are you in Government Service or have you been a Government Servant ? If so, state full particulars. (b) Are you in receipt of any allowance from Government ? If so, on what account ? 11. Do you now belong to any of the Armed Forces of India, the Reserves of any of the three Services, the Auxiliary Air Force, the Territorial Army or the Nepal State Army or any of the Forces of a foreign country ? 12. (a) Have you ever served in any of the Armed Forces in India, the Reserves of any of the three Services, the Auxiliary Air Force, the Territorial Army or Nepal State Army or any of the forces of a Foreign country ? If so, state in which and the cause of discharge. If you have served in more than one of the above named forces, or if you have served the same force in two or more distinct periods, state the cause of discharge separately in each case. (b) Do you desire your former service in the Indian Armed Forces to count for the purpose of calculation of the Good Conduct Pay and/or Pension, if admissible ? If so, do you agree to recovery being effected of any gratuity you may have received for your former service in not more than 36 monthly instalments from your pay commencing from the date of this enrolment, and undertake to refund to the Government through such recoveries or otherwise the above gratuity in full within 36 months of the date of your present enrolment ? 13. Have you ever been arrested, prosecuted, convicted, imprisoned, bound over, interned, externed or otherwise dealt with under any law in force in India or outside ? If so, state particulars. 14. Have you ever suffered from any of the following:- (a) Head injury or any serious injury.......................... (b) Fits or convulsions of any kind............................... (c) Leprosy...................................................................... (d) Pulmonary Tuberculosis (including any family history of Pul. T.B.). 15. Are you willing to be inoculated or reinoculated and vaccinated or revaccinated ? 16. Are you willing to be enrolled as a combatant in the Air Force ? 17. Are you willing to go wherever ordered by air, land or sea and not to allow any caste or social usages to interfere with the duties for which you are enrolled ? 18. Are you willing to serve in the Air Force until discharged, and in the Regular Air Force Reserve, in accordance with the conditions of service as specified in Part II of this form of Enrolment, provided that the President shall so long require your services ? 19. Do you have any objection to take the following oath or to make the following affirmation at the time of your attestation ? From of Oath I, .................................... do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will, as in duty bound, honestly and faithfully serve in the Air Force, of the Union of India, and go wherever ordered by Air, Land or Sea 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 of Affirmation I, ................................... do solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will as in duty bound, honestly and faithfully serve in the Air Force of the Union of India and go wherever ordered by Air,'Land or Sea 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. Certificate I, ................................... do solemnly declare that the above answers made by me to the above questions are true. Place............... (* ) Signature of person enrolled Date ............... .......Signature ........Name of witness ...........Address (*Name in Block letters) PART II SECTION IConditions of Services for Persons enrolled for Regular and Reserve Service A. Liability for Regular Service 1. You will serve in the Air Force for a period of not less than-......years of regular service. On completion of this period you may extend your regular service, if permitted to do so, by such specified period or periods as may be fixed. 2. On your completion of the initial period of regular service in the Air Force and of such extensions of regular service as have been granted to you, you will be liable to be transferred to the Regular Air Force Reserve. 3. In the event of your desertion, service between the day of desertion and that of apprehension or surrender shall not count towards regular service. 4. If, on completion of the initial period of regular service and of the extensions if any as have been granted to you, you are still in regular service and continue thus to serve, you will be either transferred to the Regular Air Force Reserve or discharged from the Air Force Service within three months from the date of your applying that you do not wish to continue in Air Force Service; but you will be liable for such transfer or discharge on completion of the aforesaid initial period of regular service or the further extension or at any time thereafter at the discretion of the competent authority. 5. You will be entitled to receive your discharge from the Air Force with all convenient speed if- (a) on completion of the initial period of regular service or of such extension or extensions, if any, of regular service as have been granted to you, you are not transferred to the Regular Air Force Reserve, and are not permitted to extend or further extend your regular service; or (b) within three months from the date of submitting your application under paragraph 4 above, you are not transferred to the Regular Air Force Reserve: Provided, that you will not be entitled to discharge if a state of war exist between India and a foreign power or in the opinion of the Central Government war is imminent or a Proclamation of Emergency is in operation or the strength of the trade in which you are mustered is 10 per cent below the authorised establishment. B. Liability for Reserve Service 6. Following the termination of your service in the Air Force and subject to the provisions of paragraphs 7 to 10 below, you will be liable to serve in the Regular Air Force Reserve for a period of six years. 7. In case you are discharged from the Air Force at your own "request before you have completed the initial period of regular service for which you are now enrolled or such further extensions as have been granted to you, the unexpired portion of the initial period of regular service or the further extensions will be added to the period of your above reserve liability. 8. You may, at any time during the period of your reserve liability, be transferred for service to the Regular Air Force Reserve for the remaining period of such liability. 9. You shall cease to be a member of the Regular Air Force Reserve after you have completed the aforesaid period of service in that Reserve; but if the competent authority so thinks fit he may require you further to serve in the Reserve for such period or periods and under such conditions, if any, as may from time to time be laid down in the Reserve and Auxiliary Air Forces Act, 1952, and the Rules made thereunder. 10. Notwithstanding anything contained above, you shall not be liable to serve in the Regular Air Force Reserve after attaining such age as may, from time to time, be prescribed in the Reserve and Auxiliary Air Forces Act 1952, and Rules made thereunder. Declaration I............................ do solemnly declare that I fully understand and consents lo fulfil the above conditions of service for which I am being enrolled.
Place.................. (* ) Date .................. (Signature of person enrolled). .........................Signature .........................Name of witness .........................Address (*Write name in block Letters.) SECTION 2.- Conditions of Service for persons enrolled in special cases when authorised in time of war or emergency. When you have served for....... years in the Air Force you will be entitled to receive your discharge with all convenient speed. Declaration I......................... do solemnly declare that I fully understand and consent to fulfil the above conditions of service for which I am being enrolled. Place.................. (* ) Date .................. (Signature of person enrolled). .........................Signature .........................Name* of witness .........................Address (*Write name in block Letters.) PART III DESCRIPTION ON ENROLMENT (To be Completed by Medical Officer) Apparent Age in years...................... Chest measurement (a) Minimum.................(Cms) (b) Maximum.................(Cms) Height.......... Meters...............(Cms.) Identification Marks (1) ................................................ I consider (Name).................................fit for enrolment in (trade/group) ..................................in the Air Force. Date................ (Signature of medical Officer) Station................ Rank and Name of M.O. PART IV CERTIFICATE BY ENROLLING OFFICER 1. The conditions of service contained inSec. 1-/Sec. 2- of part II for which he is now enrolled, were read and explained to the above named person by me/in my presence. 2. After having cautioned him that if he should make any false answer to any of the questions Nos. 1 to 13m part I, he would be liable to be punished as provided in the Air Force Act 1950, I put all the questions set forth in Part I to him and his answer to each such question has been duly entered. 3.I certify that the date of birth was verified from the original................................. produced before me vide question 2 of Part I. 4.I further certify dtet I have examined the original certificates from which it is proved that his educational qualifications are..................... 5. I am satisfied that he fully understands the questions put to him and the conditions of service which be has undertaken, and that he consents to those conditions. Signed at............................... this................... day of................ 19....... (Signature of Enrolling Officer) Rank and Name of Enrolling Officer. (* Strike out whatever is not applicable). FORM A-2 FORM OF ENROLMENT AS NON-COMBATANT The preserved periods for which persons shall be enrolled are stated in the appropriate orders of the Government of India, and save as is hereinafter provided, no person shall, by reason of an error in his enrolment paper or otherwise, be compelled to serve for a period longer than that for which he should have been enrolled he may do so voluntarily provided his service are required. Enrolment of No.......................................Name (in Mock letters)................................................................. as a.................................................................................................................... (Category for which the person desires to be enrolled) in the Air Force. PART I (Questions to be put before enrolment) You are warned that if, after enrolment, it is found that you have given a wifully false asnwer any of the first thirteen of the following questions you will be liable to be punished as provide in the Air Force Act, 1950. (All the answers are to be written in block letters) Questions 1. What is your name ? (Underline surname) 1. (a) What is your place of birth? State Village/Town, District and State of birth. (b) What is your date of birth ? (State in Christian Era). (N.B. :-to support the date of birth the person being enrolled will be required to produce in original, together with an attested copy, one of the certificates specified in Government orders from time to time. If an individual is not in possession of any of these certificates the apparent age shall be assessed by the enrolling officer in consultation with the Medical Officer. In such cases a certificate of age as given in Part III shall be obtained from the individual.) 3. What is your permanent home address ? (a) Village/Town. (b) Thana. (c) Pergunnah/Tehsil. (d) District/Taluka. (e) State. 4. (a) What is your religion ? (b) Are you a member of a Scheduled Caste or Scheduled Tribe? If so, state caste or tribe. 5. (a) Are you a citizen of India ? If so, whether by birth or descent or registration or naturali- sation or otherwise? (b) Are you a subject of NEPAL or SIKKIM or BHUTAN ? If so, state of which of the three? (c) If you are not a citizen of India or a subject of NEPAL or SIKKIM or BHUTAN, what is your nationality ? (N. B.:-In the case of foreign nationals, other than subjects of Nepal or Sikkim or Bhutan, consent of the Central Government signified in writing, if any, should be produced before a person is enrolled. In the case of a subject of Nepal other than a Gorkha, a certificate of eligibility must be given by the Government of India.) (d) Have you migrated from areas in Pakistan or Burma or Ceylon or the East African countries of Kenya, Uganda, United Republic of Tanzania (formerly Tanganyika and Zanzibar) ? If so, state :- (i) What was the state of your migration and from which country ? (ii) If you migrated from Pakistan on or after 19th July, 1948, was a certificate of eligibility issued to you by the Government of India ? (N.B.:-In favour of persons of Indian origin who have migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India, a. certificate of eligibility must be given by the Government of India, which will be for a period of one year after which such candidates, will be retained in service subject to their having acquired Indian citizenship.) 6. What are your educational qualifications ? (Original certificates, with one attested copy of each, are to be produced). 7. Are you married ? If so state (i) Dateofmarriage(s). (ii) Name(s) of wife/wives (iii) Nationality of wife/wives, (Where a wife is deceased or has been divorced, the date of death/divorce should be stated.) 8. (a) What is your father name and address ? If dead, state last address. District and State. (b) What is or was the nationality of your father ? If he is or was an Indian citizen, state whether by birth, descent, registration, naturalisation or otherwise. 9. Are you or have you ever been a member of a party or organisation of a political, communal or cultural nature ? If so, state the name of the party or organisation with the period or periods of your membership therein. 10. (a) Are you in Government service or have you been a Government servant ? If so, state full particulars. (b) Are you in receipt of any allowance from Government ? If so, on what account ? 11. Do you now belong to any of the Armed Forces of India, the Reserves of any of the three Serices, the Auxiliary Air Force, the Territorial Army or the nepal State Army or any of the Forces of a foreign country ? 12. (a) Have you every served in any of the Armed Forces in india, the Reserves of any of the three Services, the Auxiliary Air Force, the Territorial Army or Nepal State Army or any of the forces of a foreign country ? If so, state in which and the cause of discharge, if you have served in more than one of the above named forces, or if you have served the same force in two or moredistinct periods, state the cause of discharge separately in each case. (b) Do you desire your former service in the Indian Armed Forces to count for the purpose of calculation of the Good Conduct Pay and/or pension, if admissible ? If so, do you agree to recovery being affected of any gratuity you may have received for your former service in not more than 36 monthly instalments from your pay commencing from the date of this enrolment, and undertake to refund to the Government through such recoveries or otherwise the above gratuity in full within 36 months of the date of your present enrolment ? 13. Have you ever been arrested, prosecuted, convicted, imprisoned, bound over, interned, externed or otherwise dealt with under any law in force in India or outside ? If so, state particulars. 14. Have you aver suffered from any of the following: (a) Head injury or any serious injury...................... (b) Fits or convulsions of any kind........................... (c) Leprosy................................................................... (d) Pulmonary Tuberculosis (including any family history of Pul. T.B.)Are you willing to be inoculated or re-inoculated and vaccinated or re-vaccinated ? 16. Are you willing to be enrolled as a non- combatant in the Air Force ? 17. Are you willing to go wherever ordered by air, land or sea and not to allow any caste or social usages to interfere with the duties for which you are enrolled ? 18. Are you willing to serve in the Air Force until discharged, in accordance with the conditions of service as specified in Part II of this Form of Enrolment, provided that the President shall so long require your services ? 19. Do you have any objection to take the following oath or to make the following affirmation at the time of your attestation? Form of Oath I, ........................................ do swear in the name of God that I will be true faith and allegiance to the Constitution of India as by law established, and that I will, as in duty bound, honestly and faithfully serve in the Air Force of the Union of India and go wherever ordered by air, land or sea 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 wen to the peril of my life. Form of Affirmation I....................................................... do solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will, as in duty bound, honestly and faithfully serve in the Air Force of the Union of India and go wherever ordered by air, land or sea 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. Certificate I............................................... do solemnly declare that the above answers made by me to the above questions are ture. Place............................... Signature of the person enrolled. (Thumb impression if the person enrolled is unable to write.) Date..................................... Signature ........................................ Name of witness. Address (* Name in block letters) SECTION 1-Conditions of service for persons enrolled as non-Combatant. Liability for Service 1. You will serve in the Air force for a period of not less than............. years of regular service. On completion of this period you may extend your regular service, if permitted to do so, by such specified period or periods as may be fixed. 2. In the event of your desertion, service between the day of desertion and that of apprehension or surrender shall not count towards regular service. 3. If, on completion of the intial period of regular service and of the extensions if any as have been granted to you, you are still in service and continue thus to serve, you will be discharged from the Air Force Service within three months from the date of your applying that you do not wish to continue in the Air Force Service; but you will beliable for discharge on the completion of the aforesaid initial period of regular service or the further extension or at any time thereafter at the discretion of the competent authority. 4. You will be entitled to receive your discharge from the Air Force with all convenient speed on completion of the initial period of regular service or of such extension or extensions, if any, of regular service as have been granted to you : Provided that you will not be entitled to discharge if a state of war exists between India and a foreign power or in the opinion of the Central Government
war is imminent or a Proclamation of Emergency is in operation or the strength of the category in which you are mustered is ten per cent below the authorised establishment. Declaration I,....................................... do solemnly declare that I fully understand and consent to fulfil the above conditions of service for which I am being enrolled. Signature of the person enrolled. Place........................................ (Thumb impression if the person enrolled is unable to write.) Date......................................... Signature ........................................... Name Address (* Name in block letters) SECTION 2-Conditions of Service for Persons Enrolled in Special case when Authorised in time of War or Emergency. When you have served for.......................years in the Air Force you will be entitled receive your discharge with all convenient speed. Declaration I, ............................................., do slemnly declare that I fully understand and consent to fulfil the above conditions of service for which I am being enrolled. Signature of the person enrolled. Place........................................ (Thumb impression of the person enrolled is unable to write.) Date......................................... Signature .......................................... Name* ............................................. of witness Address (* Name in block letters) PART III Description on Enrolment to be Completed by medical Officer. Apparent age in years................................................................................................... Chest Measurement (a) Minimum..............................................................................(cms) (b) Maximum ................................................................... (cms) Height..................................................... Metres.......................................................... (cms) Identification Marks : (1) ..................................................................... I consider (Name) .................................................................. fit for enrolment in (category)............................................. in the Air Force. Date.............................. (Signature of Medical Officer) Station.......................... Rank and Name of Medical Officer Certificate of Age I certify that I am not in possession of any documentary evidence regarding my age or date of birth, I further certify that I am aware that my age as assessed by the Enrolling Officer is......... ............................ years as on the date of enrolment and my date of birth as calculated from the assessed age under the rules is.................... day of................... of the year nineteen hundred and.................................................... Signature of the person enrolled (Thumb impression if the enrolled person is unable to write.) (Name in block letters) (% Strike out if not applicable) PART IV Certificate by Enrolling Officer 1. The conditions of service as specified inSection 1-/Section 2-of Part II for which he is now enrolled, were read and explained to the above named person by me/ in my presence. 2. After having cautioned him that if he should make any false answer to any of the question Nos. 1 to 13 in Part I, he would be liable to be punished as provided in the Air Force Act, 1950, I put all the questions set forth in part I to him and his answer to each such question has been duly entered. 3. I certify that the date of birth was verified from the original ........................... produced before me vide question 2 of Part I assessed by me in consultation with the Medical officer. 4. I further certify that I have examined the original certificates from which it is proved that his educational qualifications are............................................................ 5. I am satisfied that he fully understands the questions put to him and the conditions of service which he has undertaken and that he consents lo those conditions. Signed at ............................................... this day of....................... 19 Signature of Enrolling Officer Rank & Name of Enrolling Officer (*Strike out whatever is not applicable). FORM A-3 FORM OF ATTESTATION CERTIFICATE No..................................................Rank/category.......................................................... Name.....................................Unit...................... CERTIFIED that the abovenamed person took the prescribed oath/affirmationbefore me at.........(place) on this the..............day of.............19......... Signature of person attested (Thumb Signature and appointment of impression if the person attested attesting Officer. is un able to write) (Unit Seal) To be forwarded to Officer Commanding, Air Force Record Office for being kept permanently on record, in the enrolment papers. Strike out whatever is not applicable. For prescribed form and manner of Oath/Affirmation, refer torule 9-of the Air Force Rules, 1969. FORM A-4 FORM FOR VARIATION IN CONDITIONS OF SERVICE In the case of No. Rank/category.... Name (**) ............ (For use when a person agrees to vary his period of service for such period as may be authorised by the regulation of the Government of India for the time being in force). I agree to serve for a further period of.........................................................years until I shall have completed................................................years with effect from........................before being entitled to my discharge. of age (*Strike out the conditions which are not applicable). (1) I am aware that all other conditions as to discharge previously accepted by hold good and also that I am liable to be discharged at any time, should the President no longer require my services. (2) I agree to all other conditions of service as enumerated, in part II, of my enrolment form. Date................................ (Signature Thumb impression of the person agreeing to vary the conditions of this service). Signed in my presence
at.................................................... this the ..........................................day of................................... 19 . Signature of Witnessing Officer Rank................Name........................ Service No.............. Unit.................. Recommendation by Officer Commanding. Specially Recommended/Recommended/Not Recommended. Signature (Name Rank Officer Commanding Unit........................................ ' [ Date................. (Instruction: In cases of special recommendation or where a case is not recom- mended, the Commanding Officer must give reasons for his views). Recommendations by Inttermediate Formations (where applicable) Signature (Name ) Rank Designation............................. Formation................................... (Instruction: Each intermediate formation through which this form passes shall endorse a recommendation. Reasons shall be stated where intermediate formations agree with the recommendations of the Officer Commanding Unit). Orders by the Authority empowered to vary conditions of service :- Signature (Name ) Rank Designation....................... Date............... Unit ................................... On completion, this form shall be kept at the Air Force Record Office, permanently in records of the person agreeing for variation in conditions of his service. Provisions of para (2) may, where necessary, be suitably amended as required to Government orders from time to time. Signatures/Thumb impressions by the person agreeing to vary conditions of service be witnessed by a commissioned officer authorised in this behalf by Officer Commanding the Unit. FORM A-5 FORM FOR TRANSFER TO RESERVE (For use on transfer to the Reserve) In the case of No......... Rank............... Name...............Unit...... This is to certify that I understand that lam being transferred to the Regular Air Force Reserve with effect, from................. and that I am fully acquainted with the obligations and liabilities as defined in the Reserve and Auxiliary Air Force Act, 1952, and the rules made thereunder: ( ) Date................. Signature and Rank 2. The above named was transferred to the Reserve with effect from.....(date). 3. Reason for transfer ............................................................................................... Signed at.....................................................this................................day of.............19.............. Signature of Commanding officer Rank and Name............................... Unit.................................................... On completion, this form is to be forwarded to officer commanding, Air Force Record Office, for being kept permanently on record.
SCHEDULE 02: SECOND SCHEDULE
(Seerule 23-) Form of Delay Report undersection 104-, Air Force Act, 1950 Eight Day Delay Report pursuant to the Air Force Act, 1950,Sec. 104-andrule 23-of the Air Force Rules, 1969 Unit First (Second, Third...........etc.) Report Command/Group................. Date................................. 1 Number, rank and name of the accused-................................................................... 2 Particulars of offences :- (a) Commenced on................(date) and (b) Reasons for delay in the commencement/completion of the summary of evidence are.............................................................................................................. 10. Application for trial :- (a) made vide letter No................dated (b) not yet made because....................... 11. Date of trial has not vet been Fixed/ has been fixed as............ Name and Rank Officer Commanding ..............(Unit) To The................................(Convening Officer) Copy to:- (1) Air or other officers commanding intermediate formations (2) C.L.A......... Air Head In the case of third and subsequent D.C.L.A......... H Q....... reports only. [Seerule 23(2)-of Command the Air Force Rules, 1969].
SCHEDULE 03: THIRD SCHEDULE
[Seerule 24 (9)-] Forms of Summons FORM C-1 FORM OF SUMMONS TO A WITNESS TO ATTEND THE TAKING OF A SUMMARY OF EVIDENCE. To ....................................................................................................................... whereas a charge for having committed an offence triable by court-martial has been preferred over me against (b) Number...............Rank......................................................... place..............................................Unit................................................................... ............... and whereas I have directed a Summary of Evidence to be taken In writing (Place)......... ............................. (c) on the ...................... day of............. 19.. O' clock in the (d) .................................................................. Now, therefore, pursuant toSec. 134-of the Air Force Act, 1950, I do hereby summon and require you to attend as a witness the taking of the said summary of evidence at the place and hour and to bring with you the documents hereinafter mentioned namely...... (e) Whereof you shall fail at your peril. Given under my hand at-....... the.............. day of................... 19................................................................................. (Signature, Rank and Unit) Commanding Officer of the accused. Date of Particulars of offence (Give Date of Discovery of Commission facts, in brief) offence 1 2 3 1. Date and nature of initial arrest i.e. close or open........ 2. Total period of arrest upto the date of this report (to be calculated as perSec. 39-, Air Force Act, 1950). 3. Close arrest Total period in days Form..................................to Form..................................to. 4. Period in the close arrest.......................days (b) Open Arrest Total period in days. Form..................................to. Form..................................to. Total period in open arrest.......................days (c) Total period of arrest (i.e. ...............days (a) plus (b) above) 5. On the date of this report the accused is in close arrest is in open arrest. has been released without prejudice to re-arrest. 6. Reasons for his continued retention in arrest are........................................................ 7. If the total period of retention in exceeds arrest 60/90 days quote Air Headquarters letter communicating the approval of the C.A.S./Central Government for continued retention in arrest......................................................... Air/HQ/....................................................... dated.................................... 8. Investigation underrule 24-of the, Air Force Rules, 1969 :- completed on the same date completed on........... (date) is in progress. (a) Commenced on.................(date) and (b) Reasons for delay in the commencement/completion of the investigation are......................................................................................................................... 9. Summary of evidence :- completed on the same date. completed on........ (date) is in progress. (a) Insert the name and address of the person to whom the summons is to be sent. (b) Insert the number, rank, name and unit of the accused. (c) Insert the place where the Summary of Evidence is to be taken. (d) Specify forenoon or afternoon. (e) Specify the documents (if any) which the witness is to bring, (otherwise delete) NOTE The Summons shall be served in the manner specified inSec. 134-of the Air Force Act, 1950. FORM C-2 FORM OF SUMMONS TO A WITNESS SUMMONED TO ATTEND A COURT- MARTIAL ........................A.B Whereas a........................Court-Martial has been ordered to assemble ........................on the........................................ day of.................19, for the trial of............. name (unit), now, therefore, pursuant of Sec. 134 of the Air Force Act, 1950, I do hereby summon and require you A.......................B...................to attend as a witness, the sitting of the said Court at......................on the.................da; of.........................at....................... O'clock afternoon (and to bring with you the documents hereinafter mentioned, namely, .....................), and so to attend from day to day until you shall be duly signed, whereof you shall fail at your peril. Given under my hand at..............on the.................day of................19. (Signature) Convening Officer (or Judge-Advocate or Presiding Officer of the Court or Commanding Officer of the Accused
SCHEDULE 04: FOURTH SCHEDULE
[Seerule 31 (5)-] Forms for summary disposal of charges undersec. 86-, Air Force Act, 1950FORM D-1 SUMMARY DISPOSAL FORM [When the authority dealing summarily with the case decides (with the written consent of the accused) to dispense with the attendence of all the witnesses against the accused and the accused has no witness in defence]. Particulars of the accused (a) Service No.............................................................................................................. (b) Rank (Substantive/Acting)................................................................................... (c) Name....................................................................................................................... (d) Unit........................................................................................................................ Proceedings Questions to be put to the accused by the officer dealing with the case before the charge is read. Question No. 1 Have you received a copy of the charge sheet Answer................ to the Accused and summary of evidence not less than forty- eight hours ago? Question No. 2 Have you had sufficient time to prepare your Answer................ to the Accused defence? (If the answer to any of the above questions is in the negative, the officer dealing summarily with the case should record whether any adjournment was allowed or other orders were issued by him). The officer dealing with the case shall then read the charge (s) to the accused. Exhibit 'A ' The charge-sheet is then, attached to the proceedings as Exhibit 'A'. Question No. 3 Have you agreed in writing that the witnesses Answer................ to the Accused against you need not give their evidence in person? Exhibit 'B' The written consent of the accused to dispense with the attendance of witnesses is then examined and attached to the proceedings as Exhibit 'B'. Question No. 4 Are you guilty or not guilty of the charge(s) Answer................ to the Accused against you which you heard read? First charge......... Second charge.... Third charge....... Exhibit 'C' The summary of evidence is then read aloud or the authority dealing with the case informs the accused that he has already persued it. The summary of evidence is attached to the proceedings as Exhibit 'C' Question No. 5 Do you wish to make (or hand in) a statement? Answer................ to the Accused Your statement may deal with the facts of the case, with your character and with matters in mitigation of punishment. Exhibit 'D' (If the accused makes an oral statement, its gist, or the statement, if in writing, should be attached to the proceedings as Exhibit 'D') Exhibit 'E' The officer dealing with the case shall then (i) consider all the evidence and determine whether the accused is guilty of the offence(s) or not and (ii) if he determines that the accused, is guilty, examine and consider the accused's record of service or conduct sheet. Copy of the conduct sheet Is attached to the proceedings as Exhibit 'E'. If he intends to award either the punishment of forfeiture of seniority of rank or service or the punishment of stoppages of pay and allowances, he shall not announce and record his finding unless the accused says in answer to the following question that he will accept his award. Question No. 6 Will you accept my award or do you elect to be Answer................ to the Accused tried by court martial? Finding .............................................................................. Award .............................................................................. Signature (Name) (Rank and designation of the officer dealing summarily with the case). Place.......... Date.......... NOTE:- In every case in which a punishment is awarded, the original and a certified true copy of the proceedings together with Exhibits shall be forward through proper channel to the superior Air Force authority as defined in Sec. 89-, Air Force Act, 1950.FORM D-2 SUMMARY DISPOSAL FORM (When the authority dealing summarily with the case does not decide to dispense with the attendance of witnesses against the accused or when the accused requites the attendance of witnesses for or against him) Particulars of the accused (a) Service No........................................................... (b) Rank (Substantive/Acting).............................. (c) Name................................................................... (d) Unit................................................................... Proceedings Questions to be put to the accused by the officer dealing with the case before the charge is read. Question No.1 Have you received a copy of the charge sheet Answer................ to the Accused and summary of evidence, not less than forty- eight hours ago? Question No. 2 Have you had sufficient time to prepare your Answer................ to the Accused defence? (If the answer to any of the above questions is in the negative, the officer dealing summarily with the case should record whether any adjournment was allowed or other orders were issued by him). The officer dealing with the case shall then read the charge(s) to the accused. The charge-sheet is then attached to the proceedings as Exhibit. (The next question shall be put to the accused only when the authority dealing summarily with the case decides, with the written consent of the accused, to dispense with the attendance of one or more of the witnesses). Question No. 3 Have you agreed in writing that no witnesses to the Accused except the following need give their evidence in person? Answer................ (The written consent of the accused to dispense with the attendance of witnesses is then examined and attached to the proceedings as Exhibit. Question No. 4 Are you guilty or not guilty of the charge(s) Answer................ to the accused against you which you heard/read? First charge......... Second charge.... Third charge....... The officer dealing with the case shall then proceed to examine the prosecution witnesses, if any, in relation to the charge(s) to which the accused pleads "not guilty" or in relation to which the accused's plea of "guilty" is not accepted by him, but before doing so, he shall put the following questions to the accused. Question No. 5 Do you wish that the evidence be taken on oath? Answer................ (If the accused desires that the evidence shall be taken on oath, the oath or affirmation contained inrule 118-of the Air Force Rules, 1969, shall be administered to each witness before he gives evidence. The accused shall be allowed to put questions in cross- examination to prosecution witnesses. (Also see Note I below). The evidence of prosecution witnesses shall be recorded in brief on a separate sheet and attached to the proceedings as Exhibit). The summary of evidence is than read aloud or the authority dealing with the case informs - the accused that he has already perused it in so far as it relates to the charge(s) to which the accused has pleaded "guilty" and the evidence of the witnesses whose attendance has been dispensed with. The summary of evidence is attached to the proceedings as Exhibit. Question No. 6 Do you wish to make or hand in a statement? to the accused Your statement may deal with the facts of the case, with your character and the matters in mitigation of punishment. Answer................ If the accused makes an oral statement, its gist; or the statement, if in writing, should be attached to the proceedings as Exhibit. Question No.7 Do you wish to adduce any evidence in your to the accused, defence? Answer........ If the accused calls any witness the evidence for the defence shall be recorded in brief on a separate sheet and attached to this record as Exhibit. The officer dealing with the case shall then (i) consider all the evidence and determine whether the accused is guilty of the offence(s) or not and (ii) if he determines that the accused is guilty, examine, and consider the accused's record of service or conduct sheet. A copy of the conduct sheet shall be attached to this record as Exhibit. If the officer dealing with the case intends to award either the punishments of forefeiture of seniority of rank or service or the punishments of stoppages of pay and allowances, he shall not announce and record his finding, unless the accused says in arwer to the following question that he will accept his award. Question No. 8 Will you accept my award or do you elect to be to the accused tried by court-martial. Answer........ Finding .............................................................................. Award .............................................................................. Signature (Name) Place......... Rank and designation of the officer Date......... dealing summarily with the case
SCHEDULE 05: FIFTH SCHEDULE
[Seerule 34 (1)-] SECTION I-Proforma Charge Sheet The accused,
(a)................................................. is charged with - Section (b) (c)............................................................................. Air Force Act, 1950 in that the (d)............................................................................ ( ) Rank Place.............. Officer Commanding Date............... (e).......................................... (a) Here state name and description of the person charged as required byrule 34-of the Air Force Rules, 1969, e.g.- Pilot Officer A.B. Nair (1234), of No. 101 Squadron, Air Force, an officer of the regular air force. or 12345 Flight Sergeant Nair, A.B., of No 101 Squadron, Air Force, attached to Air Force Station, Phagwara, an airman of the regular air force, or Pilot Officer A.B. Nair (1234), (or 12345 Flight Sergeant Nari, A.B.) of No. 101 Squadron, Air Force, an officer (or airman) of the Regular Air Force Reserve (or the Auxiliary Air Force of the Air Defence Reserve) called up for training (or medical examination, or service in aid of the civil power or Air Force Service) under the Reserve and Auxiliary Air Forces Act, 1952, or Shri A. B. Nair (Pass No. ), lascar (or upper division clerk or civilian gazetted officer) of No: 101 Squadron Air Force, being a person subject to the Air Force Act, 1950 as an airman below non-commissioned officer (or non-commissioned officer or warrant officer or officer) under the provisions ofSec. 2 (d)-read withSec. 6-of the said Act. (b) Here State section, sub-section and clause of the Air Force Act, 1950 under which the person is charged e.g.Sec. 45-, orSec. 41(2)-, orSec. 40 (a)-orSec. (c) Here give statement of the offence as required underrule 36 (3)-of the Air force Rules, 1969, e.g.:- Behaving in a manner unbecoming his position and the character expected of him or on active service disobeying a lawful command given by his superior officer or using criminal force to his superior officer when such officer is in the execution of his office. or committing a civil offence that is to say theft punishable underSec. 379 of the Indian Penal Code-. (d) Here give statement of the particulars of the act, neglect or omission constituting the offence as perrule 36(4), (5) and (6)-of the Air Force Rules, 1969. (e) The unit stated here must be the unit to which the person charged belongs or is attached as shown at the commencement of the charge-sheet. Section 2- Illustration of Charge Sheet Note:- The following is an illustration of a complete charge-sheet, with statement of offence and particulars, as it would be placed before a District Court Martial. CHARGE-SHEET The accused, 12345 Corporal Nair, A. B. of No. 101 Squadron, Air Force, an airman of the regular air force, is charged with - FEIGNING DISEASE IN HIMSELF in that he First charge at PHAGWARA, on -, Pretended Section 46(b) to Flight Lieutenant A.T. Lal (3456), Senior Air Force Act, Medical Officer, Air Force Station 1950 PHAGWARA, that he was suffering from violent pains in his head and in his stomach, whereas he was not so suffering. ABSENTING HIMSELF WITHOUT LEAVE in that he Second charge at PHAGWARA, on -, absented Section 39 (2) himself the Air Force camp area without Air Force Act, leave at -hours, until appre- 1950 bended by the civil police at PHAGWARA at -hours on PHAGWARA C.D.E. _________, 19 . Officer Commanding No. 101 Squadron, Air Force To be tried by District Court-Martial PALAMPUR XY _______, 19 Convening Officer (or Staff Officer, who should sign for the Convening Officer)
SCHEDULE 06: SIXTH SCHEDULE
(Seerule 130-) Forms as to Courts-Martial SECTION II-General FORM-F. 1 Form of declaration of exigencies of the service or the necessities of discipline underrule 42-of the Air Force Rules, 1969. In my opinion exigencies of the services, namely (state them) tender it (impossible) to observe the provision of rules...............on the trial of.......................... by .................................................. court-martial assembled pursuant to the order of the ................................of.......................................................................................................... Signed at .....................this .......................day of ......................19.... A.B. (Instruction: This declaration must be signed by the officer whose opinion is given, and will be annexed to the proceedings. It should not be included in the convening order but should be a separate document.) SECTION II- FORMS AS TO GENERAL AND DISTRICT COURT-MARTIAL FORM-F 2(a) Form of Order for the Assembly of a General (or District) Court-Martial under the Air Force Act, 1950. Orders by Commanding the (Date) (Place) The detail of officers as mentioned below will assemble at............on the................. day of .....................................for the purpose of trying by a ................................................. ................................................................................................court-martial the accused person (persons) named in the margin (and such other person or persons as may be brought before them. (Here insert any opinion regarding the constitution of the Court rendered necessary by provisions ofrule 46- ,rule 47-andrule 48-of the Air Force Rules, 1969. The senior officer to sit as Presiding Officer. Members Waiting Members Judge-Advocate is appointed Judge-Advocate Interpreter is appointed Interpreter Prosecutor is appointed Prosecutor The accused will be warned, and all witnesses duly required to attend. The proceedings (of which only one copy is required) will be forwarded to Signed this ......................................day of.................................... FORM-F. 2(b) Form of Proceedings of a General (or District) Court-Martial (including some of the incidents which may occur to vary the ordinary course of procedure, with instructions for the guidance of the Court). PROCEEDINGS OF A .....................................COURT-MARTIAL, assembled .......................................on the ............................day of...................................................... 19 ...........................by order of ...........................commanding ................................................... ..............................................dated the ....................................day of........................................ .................19.... PRESIDING OFFICER Rank Name Unit _____ ___________ _________ MEMBERS Rank Name Unit _____ ____________ _________ _____ ____________ _________ _____ ____________ _________ ______, Judge-Advocate [Interpreter] Trial of o'clock The Trial Commences (i) The order convening the Court is read [orally translated] and [a copy thereof], is marked...... signed by the presiding officer [Judge-Advocate] and attached to the proceedings. The charge-sheet and the summary of evidence are laid before the Court. [Instruction- All documents relating to the court, or the matters before it, which are intended to form part of the proceedings (such as an order respecting exigencies of the service or a letter answering any question referred to the convening officer) at whatever period of the trial they are received should be read in Open Court, marked so as to identify them, signed by the presiding officer (Judge- Advocate), and attached to the proceedings]. The Court shall satisfy itself that... is not available lo serve owing to ................................................waiting member takes his place as a member of the Court. The Court shall satisfy itself as provided byrule 49- andrule 50-of the Air Force Rules. 1969. (2) The above-named, the accused is brought before the Court ............who appears to assist (or as Counsel/Defending) Officer for the accused. ..................................appears as prosecutor, and takes his place. VARIATION ...................................appears as counsel for the prosecutor. The names of the presiding officer and members of the Court arc read over with the hearing of the accused, and they severally answer to their names. Question by the presiding officer to the accused-Do you object to be tried by me as presiding officer, or by any of the officers whose names you have heard read over? Answer by accused-No. [Instruction-The questions are to be numbered throughout consecutively in a single series. The letters Q and A in the margin may stand for question and answer respectively.] VARIATIONS Challenging Officers Answers-I object to Question to accused-Do you object to any other person? (This question must be repeated until all the objections are ascertained.) Answer- Questions to accused- What is your objection to (the junior officer objected to)? Answer by accused- The accused in support of his objections lo............................................................. requests permission to call..........................................................................................etc., etc .........................................................is called into Court, and is............................................... question by the accused. The Court is closed to consider the objection. Decision-The Court disallow the objection. The Court is re-opened, and the above decision is made known to the accused. or Decision- The Court allow the objection The Court is re-opened, and the above decision is made known to the accused. Retires Fresh Member* ........................................................................................................................ ......................................................................................................lakes his place as member of the Court. (This only applies in the case of there being a wailing member of the Court). He appears to the Court to be eligible and not disqualified to serve on this court- martial. Question to accused-Do you object lo be tried by ........... (the fresh member)? Answer- (If he objects, the objection will be dealt with in the same manner as the former objection.) Question to the accused-What is your objection lo ............ (the junior of the officers objected to)? (This objection will be dealt with in the same manner as the former objection). The Court adjourns for the purpose of fresh members being appointed. or The Court is of the opinion that in the interests of justice and for the good of the service, it is inexpedient to adjourn for lhe purpose of fresh members being appointed, because [here State the reasons.] At................o'clock on.................. the court resumed its proceedings, and an order appointing fresh officers is read, marked ............signed by lhe presiding officer (judge- advocate) and attached to theproceedings. The Court shall satisfy itself with respect to such fresh officer as provided byrule 49-. [Instruction- The procedure as to challenging fresh officers, and the procedure if any objection is allowed, will be the same as above.] The presiding officer and members of the Court, as constituted after the above proceedings are as follows- Insert Rank, Name and Unit. PRESIDING OFFICER Rank Name Unit MEMBERS Rank Name Unit The presiding officer, members, and judge-advocate are duly sworn [or affirmed] (also any officer under instruction). [Instruction-Following 'procedure shall be adopted if any interpreter and/or shorthand written are now required to be sworn.) Question to the accused-Do you object to as interpreter? Answer- [Instruction-In case of objection, the same procedure will be followed as in the case of an objection to a member of the Court,] Is duly sworn (or affirmed) as interpreter? Question to the accused-Do you object to as shorthand writer? Answer- [Instruction-In case of objection, the same procedure will be followed as in the case of an objection to a member of the Court.) Is duly sworn (or affirmed) as shorthand writer'? [Instruction-The witnesses, if in Court, other than the prosecutor, should be ordered out of the Court at this stage of the proceedings.] . CHARGE-SHEET (3) The charge-sheet is signed by the presiding officer [Judge-Advocate] marked 'B-2' and annexed to the proceedings. The accused is arraigned upon each charge in the abovementioned charge- sheet. Question to the accused-Are you guilty or not guilty of the [first] charge against you, which you have heard read? A- [Instruction- When there is more than one charge the foregoing question will be asked after each charge is read, the number of the charge being stated.] [Instruction- If the accused pleads guilty to any charge the provisions of rule (2) must be complied with and the fact that they have been complied with must be recorded.] VARIATIONS The accused objects to the charge. Questions to the accused-What is your objection? Decision The Court is closed to consider its decision The Court disallows the objection [or, the Court allows the objection, and agrees to report to the convening officer.] The Court is re-opened, and the above decision is read to the accused. The Court proceeds to the trial [or, adjourns.] Plea to jurisdiction- The accused pleads to the general jurisdiction of the Court. Question to the accused- What are the grounds of your plea? A- Q- Do you wish to produce any evidence in support of your plea. A- Witnesses- Witnesses are examined on oath [or affirmation]. [Instruction- The examination, etc., of the witnesses called by the accused and of any witnesses called by the prosecutor in reply, will proceed as directed below in paragraphs (4) and (6). The prosecutor will be entitled to reply after all the evidence is given]. Decision- The Court is closed to consider its decision. The Court allows [or overrules] the plea [or resolves to refers the point to the convening authority or decides specially that...........] The Court is re-opened, and the above decision is read to the accused. The Court proceeds to the trial [or adjourns]. VARIATION Plea in bar of trial- Accused, besides the plea of guilty [or, not guilty], offers a plea in bar of trial. Question to the accused- What are the grounds of your plea? A- ______________________________________________________ Q- Do you wish to produce any evidence in support of your plea? A__ ____________________________________________________________ Witnesses- Witness examined on oath [or affirmation]. [Instruction- The examination, etc., of the witnesses called by the accused, and of any witnesses called by the prosecutor in reply, will proceed as directed below in paragraphs (4) and (6). The prosecutor will be entitled to reply after all the evidence is given]. Decision- The Court is closed to consider Its decision. The Court allows the plea and resolves to adjourn [or lo proceed to the trial on another charge] [or the Court overrules the pica]. The Court is re-opened, and the above decision is read to the accused. The Court adjourns [or proceeds with the trial on another charges] [or proceeds with the trial]. VARIATIONS Thought the accused pleads "Guilty" to the charge, the court records a plea of "Not Guilty" as required byRule 60 (4)-. or Refusal to plead- As the accused does not plead intelligibly [or refuses to plead to the above charge or does not plead "guilty" to the above charge] the Court enters a plea of "not guilty". [ Instruction- Where the Court has recorded a plea of "guilty" on some and a plea of "not guilty" on other charges, the trial in respect of the charges on which a plea of "guilty" has been recorded will not proceed, until the proceedings upto and including findings in respect of the other charges on which the plea is "not guilty" have been completed.] PROCEEDINGS ON PLEA OF NOT GUILTY (4) Question to the accused-Do you wish to apply for an adjournment on the ground that any of the rules relating to the procedure before trial have not been complied with, and that you have been prejudiced thereby, or on the ground that you have not had sufficient opportunity for preparing your defence? A- [Instruction- If the accused desires to make an application for adjournment, the court will hear any statement or evidence which he may desire to adduce in support thereof, and any statement of the prosecutor or evidence in answer thereto. Witnesses will be examined, cross-examined etc. as provided hereinafter in this paragraph and in paragraph (b)]. VARIATION If an adjournment is applied for by the accused : Decision-The court is closed to consider its decision. The Court allows (or overrules) lhe application by the accused for adjournment or allows adjournment upto............. The court is re-opened, and the above decision is read to lhe accused.- [If the prosecutor makes an address]. The prosecutor makes lhe following address [or, if the address is written, hands in a written address, which is read (orally translated) marked......... signed by the presiding officer (Judge- Advocate) and attached to the proceedings]. [Instruction-Where the address of the prosecutor is not in writing, the Court should record so much as appears to it material, and so much as the prosecutor requires to be recorded.] First witness for prosecution. The prosecutor proceeds to call witnesses. Being duly sworn (affirmed is examined by the prosecutor. Cross-examined by the Accused. Re-examined by the Prosecutor Examined by the Court. His evidence is read to the witness. [Instruction- The fact that sub-rules (2), (3) and (4) ofrule 119-have been applied with should be recorded]. The witness withdraws. VARIATIONS The accused declines to cross-examine this witness. [Instruction- In every case where the accused does not cross-examine a wilness for the prosecution this statement is to be made, in order that it may appear on the face of the proceedings that he has had the opportunity given him of cross- examination.] The Court, at the request of the accused, allows the cross-examination of the witness to be postponed. The accused [or the prosecutor] objects to the following question- The Court is closed to consider their decision. The Court overrules [or allows] the objection, and the Court is reopened and the decision announced. The witness, on his evidence being read to him, makes the following explanation or alteration- Examined by the prosecutor as to the above explanation or alteration, Give also rounds of objection by the person requesting opinion of the Court, the reply by the other person(s) and advice by the judge-advocate, if any. Seerule 95-. Examined by the accused as to the above explanation or alteration. The prosecutor and accused decline to examine him respecting the above explanation or alteration. Second witness for prosecution......... .........being duly sworn [affirmed], is examined by the prosecutor. [The examination, etc., of this and every other witness proceeds as in the case of the first witness]. Adjournment At.......o'clock the Court adjourns until.........o'clock on the........Second day ........On the........of......19....at........o'clock, the Court re-assembles, pursuant to adjournment, presents the same members as on the......of....... VARIATION [Instructions-(a) If a member is absent, and his absence will reduce the Court below the legal minimum and it appears to the members present that the absent member cannot attend within a reasonable time, the presiding officer or senior member present will thereupon report the case to the convening officer. (b) If the judge-advocate is absent, and cannot attend within a reasonable time, the court will adjourn, and the presiding officer will thereupon report the case to the convening authority.] Absent member-[Rank-Name-Unit] being absent. [The absence is accounted for]. A medical certificate [or letter, or as the case may be] is produced read marked signed by the presiding officer (judge-advocate) and attached to the proceedings. The Court adjourns until..................... or, There being present.......... [not less than the legal minimum] members, the trial is proceeded with. [Instructions.- (a) If the Court, in consequence of the adjournment having been prolonged by the senior officer on the spot, or otherwise, does not meet on the day to which it previously adjourned, or if the adjournment was until further orders, the words "pursuant to adjournment" will be omitted from the above form, and the cause of its meeting at the above time will be entered in the proceedings. (b) If the place of meeting has been altered by orders or otherwise, the place of meeting and the reason for meeting at that place will be entered in the proceedings.] Examination (cross-examination) of.......... continued ..................... The prosecution is closed VARIATION (If the accused offers a plea of "no case") Accused offers a plea of no case, and in support thereof says ......... or hands in a written address, which is read (orally translated), marked Exhibit ........ signed by the presiding officer (Judge-Advocate), and attached to the proceedings]. The prosecutor makes the following reply [or, if the reply is in writing hands as a written reply, which is read (orally translated) marked Exhibit........ signed by the presiding officer (Judge-Advocate), and attached to the proceedings]; or, The prosecutor declines to make a reply. [If the prosecutor makes a reply, the accused will have a right to make a counter reply.] [Instructions- (a) Where the reply of the prosecutor is not in writing , the court should record so much as appears to it material, and so much as the prosecutor requires to be recorded. (2) If the address (or counter-reply) of the accused is not in writing and is delivered by himself, the material portions should be taken down in the first action, and as nearly as possible in his own words. If the address (or counter-reply) is not in writing and not delivered by the accused himself, the material portions should be recorded. In either case, any matter which is requested by or on behalf of the accused to be recorded should be recorded, and care must be taken whether a request make or not to record every point brought forward in support of the plea.] The Judge-Advocate hands in a written advice, which is read (orally translated), marked Exhibit.............. signed by the presiding officer, and attached to the proceedings. The court is closed to consider its decision. The Court disallows the plea [or allows the plea] (or allows the plea on .......... charges and disallows the plea on .......... and ............ charges). The court is reopened, and the above decision is read to the accused and the accused is informed that the decision is subject to confirmation. [If there are no charge or charges on which the trial may proceed, adopt procedure from paragraph (9), and omit procedure given below upto an including para (8) otherwise..........]. The trial proceeds on ..................... and ..................... charges. DEFENCE The accused (or counsel for the accused, or the defending officer may make an opening address). The accused [or counsel for the accused, or the defending officer makes the following address or, if the address is written, hands in a written address, which is read (orally translated), marked Exhibit .............. signed by the presiding officer (Judge-Advocate), and attached to the proceedings]. [Instructions- Where the address of the accused (or counsel for the accused or the defending officer) is not in writing, the court should record so much as appears to it material, and so much as the accused (or counsel for the accused or the defending officer) requires to be recorded). Question to the accused-Do you wish to make any statement as to the facts of the case? A- VARIATION The Court, at the request of the accused, adjourns until ........ to enable him to prepare his defence. The accused in his defence says ........... [or hands in a written address, which is read (orally translated), marked Exhibit............ signed by the presiding officer (Judge- Advocate) and attached to the proceedings]. [Instructions-If the statement of the accused is not in writing, the material portions should be taken down in the first person as nearly as possible in his own words. In any case any matter which is requested by or on behalf of the accused to be recorded should be recorded, and care must be taken, whether a request is made or not, to record every point brought forward in defence or in mitigation of punishment]. Questions to the accused-Do you intend to call any witness in your defence? A.-Yes (No). Q.-Is he a witness as to character only? A.- VARIATION (5) [Instructions-If the accused calls no witness to the facts of the case adopt this and omit paragraph (6)]. First witness as to character. The accused calls the following witnesses as to character; .......... is duly sworn (affirmed). Examined by the accused. Cross-examined by the prosecutor. Re-examined by the accused. Examined by the court. His evidence is read to the witness. Denotes paragraph number. [Instructions- The fact that sub-rules (2), (3) and (4) ofrule 119-have been complied with should be recorded.] The witness withdraws. VARIATION The prosecutor declines to cross-examine this witness. The witness, on the evidence being read to him, makes the following explanation or alterations. Examined by the accused as to the above explanations or alterations. Examined by the prosecutor decline to the above explanations or alterations. The accused and the prosecutor decline to examine him in respect of the above explanations or alterations. [The prosecutor may, in reply to the witnesses as to character, call witnesses to produce proof of former conviction either by a court-martial or by a criminal court and the entries in the service conduct sheet.] The prosecutor addresses the court about the evidence for the prosecution as follows [or, if the address is in writing, hand in a written address, which Is read orally translated) marked Exhibit......... signed by the presiding officer (Judge-Advocate) and attached to the proceedings.] [Instructions.- Where the address of the prosecutor is not in writing the court should record so much as appears to them material and so much as the prosecutor requires to be recorded.] The accused (or the counsel for the accused or the defending officer) addresses the court in reply as follows [or hands in a written add¯ess, which is read (orally translated), marked Exhibit........... signed by the presiding officer (Judge-Advocated) and attached to the proceedings]. [Instructions.- If the address of the accused is not in writing and is delivered by himself, the material portions should be taken down in the first person, and as early as possible in his own words. If the address is not in writing and not delivered by the accused himself the material portions should be recorded. In either case any material which is requested by or on behalf of the accused to be recorded should be recorded, and care must be taken, whether a request is made or not, to record every point brought forward in the defence or in mitigation of the punishment.] VARIATION The court, at the request of the prosecutor, adjourns, until .......... to enable the prosecutor to prepare his address. The court, at the request of the accused, adjourns until ..... to enable the accused to prepare his reply. [After this adopt procedure from paragraph (7), and omit paragraph (6).] (6) [Instructions.- If the accused calls witnesses to the facts of the case, then omit paragraph (5) and adopt this.] is duly sworn or- affirmed Examined by the Accused Cross-examined by the Prosecutor. Re-examined by the Accused. Examined by the Accused. His evidence is read to the witness. [Instruction.- The fact that sub-rules (2), (3) and (4) ofrule 119-have been complied with should be recorded.] The witness withdraws. VARIATIONS The prosecutor declines to cross-examine this witness. The witness, on his evidence being read to him, makes the following explanations or alterations. Examined by the accused as to the above explanation or alteration. Examined by the prosecutor as to the above explanation or alteration. The accused and prosecutor decline to examine him respecting such explanation or alteration. The prosecutor [by leave of the Court] calls witness in reply The accused (or the counsel for the accused or the defending officer) makes the following address [or, if the address is in writing, hands in a written address, which is read (Orally translated) marked .......... signed by the presiding officer (Judge- Advocate), and attached to the proceedings]. The prosecutor makes the following reply [or, if the reply is in writing, hands in a written reply, which is read (orally translated) marked ........... signed by the presiding officer (Judge-Advocate), and attached to the proceedings]; or, The prosecutor declines to make a reply. [Instruction.- Where the reply of the prosecutor is not in writing, the Court should record so much as appears to it material, and so much as the prosecutor requires to be recorded. If the address of the accused is not in writing and is delivered by himself, the material portions should be taken down in the First person, and as nearly as possible in his own words. If the address is not in writing and not delivered by the accused himself, the material portions should be recorded. In either case, any matter which is requested by or on behalf of the accused to be recorded should be recorded, and care must be taken whether a request is made or not be record every point brought forward in the defence or in mitigation of punishment]. VARIATION The Court, at the request of the accused, adjourns until .......... to enable the accused to prepare his address. The Court, at the request of the prosecutor, adjourns until .......... to enable the prosecutor to prepare his reply. SUMMING UP (7) The Judge-Advocate hands in a written summing up, which is read [orally translated] marked ..................... signed by the presiding officer, and attached to the proceedings. VARIATIONS The Judge-Advocate and the Court think a summing up unnecessary. or, The Court, at the request of the judge-advocate, adjourns until .......... to enable him to prepare his summing up. FUNDING (8) The Court is closed for the consideration of the finding. The Court finds that the accused (No............... Rank......... Name.............................Unit................) is :....... Guilty of........... Not guilty of the........... charge but is guilty of the ...... charges Denotes paragraph number. The words in italics are to be entered in the margin. or, Guilty of........ Not guilty of the........... and charge but is guilty of...... and and- charges ......................... charges. or, Guilty of charges is guilty of the charge (all the charges). or, Special finding is guilty of the ...... charge, and guilty of the....... charge with the exception of the words (or with...... exception that) or, Special finding is not guilty of desertion, but is guilty of absence without leave from the ..................... to the ........................... , being a period of........ days. [Instruction- Any special finding allowed bySec. 138-of the Air Force Act, 1950, may be expressed in this form]; or, the court adjourns for the purpose of consulting the convening [or as the case may be, confirming] officer; On re-assembly on the .......... day of .......... and reading the opinion of ........... which is marked an annexed to the proceedings, finds that the accused, etc. PROCEEDINGS ON ACQUITTAL OF ALL THE CHARGES [Instruction : This form shall not be adopted if there is plea of "Guilty" on any charge(s) in respect of which the proceedings are : yet to continue]. (9) Acquittal- The Court finds that the accused (No......... Rank......... Name ...................... Unit) is not guilty of the charge [or all the charges]. Signed at, this day of (Signature) (Signature) Judge-Advocate. Presiding Officer INSANITY Insanity- The court finds that the accused (No........................ Ran.......... Name.................................... Unit...........................) is of unsound mind and consequently incapable of making his defence; or, committed that act [acts] alleged as constituting the offence (offences) specified in the charge [charges] but was by reason of unsoundness of mind incapable of knowing the nature of that act [those acts] [or but was, by reason of unsoundness of mind, incapable of knowing that that act was wrong (those acts were wrong) (or contrary to law)]. Signed at, ..................this ...................day of .................. (Signature) Judge-Advocate. (Signature) Presiding Officer CONFIRMATION Confirmed. At this day of Signature or Confirming Authority. PROCEEDINGS ON PLEA OF GUILTY (10) The Court reopens and the charge(s) on which a plea of "Guilty" has been recorded are read in the hearing of the accused. Question to the accused-Do you wish to make a statement with reference to the charge? A. Yes (No) [Instructions.- The accused may in accordance withrule 62(3)-make any statement he wishes with reference to the charge.] The accused says......... (or, if the statement is in writing, hands in a written statement which is read (orally translated), marked ................. signed by the Presiding Officer (Judge- Advocate) and attached to the proceedings. [Instruction :-- If the statement of the accused is not in writing, the material portions should be taken down in the first person, and as nearly as possible in his own words. In any case, any matter which is requested by or on behalf of the accused to be recorded should be recorded, and care must be taken, whether a request is made or not to record every point brought forward in mitigation of punishment.] VARIATION The court gives permission to the accused to call witnesses to prove this statement that [here specify the statement which is to be proved]. [Instructions- The examination etc. of witnesses called in pursuance of this permission will proceed in the same manner as in paragraph (6):] The summary of evidence is read (orally translated), marked signed by the presiding officer, [Judge-Advocate], and attached to the proceedings. [Instructions- If there is no summary of evidence, sufficient to enable the court to determine the sentence and to enable the confirming officer to know all the circumstances connected with the case will be taken as in paragraph (4). No address will be allowed.] Question to the accused-Do you wish to make any statement in mitigation of punishment? A. No. or The accused in mitigation of punishment says or if the statement is in writing hands in a written statement, which is read (orally translated), marked ..........signed by the presiding officer (Judge-Advocate) and attached to the proceedings. [Instruction- If the statement of accused is not in writing, and is delivered by himself, the material portions should be taken down in the first person, and as nearly as possible in his own words. If the statement is not in writing and not delivered by the accused himself the material portions should be recorded. In either case any matter which is requested by or on behalf of the accused to be recorded should be recorded, and care must be taken, whether a request is made or not to record every point brought forward in mitigation of punishment.) Evidence as to Character Questions to the Accused-Do you wish to call any witnesses as to character? A. Yes. (No). [Instruction- The examination etc. of witnesses as to character will proceed as in paragraph (5).] The accused [Number ........... rank ............ name .......... Unit] is found guilty of the.............. charges, [all the charges.] VARIATION The Court being satisfied from the statement of the accused [or the summary of evidence, or otherwise], that the accused did not understand the effect of the plea of "guilty" in respect of.......... and ..........charges alters the record and enters a plea of "Not Guilty" in respect of them. [Instructions- The court will then proceed in respect of the charges for which the plea has been altered, as in paragraph ( ).] PROCEEDINGS ON CONVICTION Before sentence (11) The Court being re-opened the accused is again brought before it...... is duly sworn..:....... [or affirmed.] Evidence of character, etc. Question- What record have you to produce in proof of former convictions against accused and of his character? Answer by witness-I produce a statement certified under the hand of the officer having custody of the service [or other official] records. The statement is read [orally translated] marked signed by the presiding officer [Judge-Advocate], and attached to the proceedings. Q._-Is the accused person named in the statement you have heard read? A.- Q.- Have you compared the contents of the above statement with the service [or other official] records? A.- Q.- Are they true extracts from the service [or other office] records and is the statement of entries in the conduct sheet a fair and true summary of those entries? A- Cross examined by the Accused Reexamined or, The accused declines to cross-examine this witness. [Instructions.-Any further question will be put and any evidence produced which the Court requires as to any point respecting the character and service of the accused on which the Court desires to have information for the purpose of their sentence. At the request of the accused, or by the direction of the Court, the service or other official books, or a certified copy of the material entries therein must be produced for the purpose of comparison with the statement. The accused is entitled to call the attention of the Court to any entries in the service or other official books, or in the certified copy above mentioned, and to show that they are inconsistent with the statement. When all the evidence on the above matters has been given the accused may address the Court thereon.] Question to accused-Do you wish to address the Court? Answer- The Court is closed for the consideration of the sentence SENTENCE The Court sentences the accused (No............Rank........................................... Name......................... Unit..............):- (a) Death-To suffer death by being hanged by the neck until he be dead [or to suffer death by being shot to death]. (b) Imprisonment for life.-To suffer imprisonment for life. (c) Rigorous (Simple) imprisonment.- To suffer rigorous [simple] imprison- ment for............ years [months or days.] (d)Detention.- To undergo detention for .......... years [months or days], (a) (e)Cashiering.- To be cashiered. (f) Dismissal.- To be dismissed from the service. (g)Reduction.- To be reduced to the rank of............. [or to the ranks] [or to the classification of]. (h)(1)Forfeiture of seniority.- To take precedence in the rank held by him as if his name had appeared between the names of.............. and........... in the Air Force List (month and year); The words in italics are to be entered in the margin. Terms of imprisonment or detention for any period not amounting to one month (i.e. a calendar month) will be awarded in days; for any period of one year or more years will be awarded in years; and in any other case, will be awarded in months, or if required, in months and days. Court -Martial may forfeit only past seniority in the substantive rank held (i) or (ii) are for use in cases of persons whose names are published in the Air Force List, while (iii) is for use in othercases, (i) should be used where it is intended to adjust the precedence of the accused within a group of persons who along with the accused were promoted to the same substantive rank with effect from the same date. The words in italics are to be entered in the margin. (2)Foreiture of seniority.-To forefeit ..........(specify period) seniority of rank, that is to say, to take precedence in the rank held by him as if his name, bad appeared between those of..........and..........in the Air Force List (month and years); (3)Forfeiture of seniority.- To forfeit....... (specie period) seniority of rank, that is to say, to take precedence in the rank held by him as if his appointment to the rank of......... (here specify the substantive rank held) bore date.......... (4) Forfeiture of past service for promotion.- To forfeit........ (here specify period) past service for the purpose of promotion. (i) Forefeiture of service for.- To forfeit.......... (here specify period) for the purpose of............. (here specify increased pay, and/or pension and/or any other prescribed purpose). (j) Severe Reprimand or Reprimand.- To be severely reprimanded (or re- primanded). (k) Forefeiture of Pay and Allowances.- To forfeit pay and allowances for a period of................ (l) Forfeiture of Arrears and other public money.- To forfeit all arrears of pay and allowances and other public money due to him at the time of his dismissal (cashiering). (m) Stoppage.- To be put under stoppage of pay and allowances until he has made good to................ (here specify the Central Government or other person to whom the loss or damage was occasioned by the offence) the value of the following articles, viz.............. (state the articles and the value of each), (until he shall have made good to........ (here specie the Central Government or other person to whom the loss or damage was occasioned by the offence) the sum of.......... in respect of...... (state the circumstances in respect of which the same is awarded)]. [Note: Where it is intended to award this punishment in order to make good the loss or damage to two or more persons, the names of, and the amounts of loss or damage to be made good to each of such person should be specified separately.] (n) Field Punishment.- To suffer field punishment no...................... or a period of................. RECOMMENDATION TO MERCY The court recommended the accused to mercy on the ground that SIGNATURE Signed at........... this.......... day of.......19 .......... (Signature) (Signature) Judge-Advocate Presiding Officer Court -Martial may forfeit only past seniority in the substantive rank held (i) or (ii) are for use in cases of persons whose names are published in the Air Force List, while (iii) is for use in other cases. (i) should be used where it is intended to adjust the precedence of the accused within a group of persons who along with the accused were promoted to the same substantive rank with effect from the same date. Seerule 152-. REVISION (12) At................. on the........... day of .........19....... at .......... o'clock, the Court re- assemble by order of........... for the purpose of re-considering their ......... Present, the same members as on the.......... day of...........19 .......... VARIATION [Instruction- If a member is absent and the absence will reduce the Court below the required minimum, and it appears to the members present that such absent member cannot attend within a reasonable time, the presiding officer, or, in his absence, the senior member present shall thereupon report the case to the convening officer.) Absent member-[Rank, name, service number, unit) being absent. [The absence is accounted for.] A medical certificate [or, letter, or other document, as the case may be] is produced, read, marked........... signed by the presiding officer (judge-advocate), and attached to the proceedings. There being present.......... [not less than the required minimum] members, the Court proceeds. The letter [order or memorandum] directing the re-assembly of the Court for the revision, and giving the reasons of the confirming authority for requiring a revision of the finding [finding and sentence] [or sentence] is read, marked ....... signed by the presiding officer [Judge-Advocate] and attached to the proceedings. [Instructions- If the confirming authority so orders, additional evidence may be taken on revision; such evidence will be taken as in paragraphs (4) and (6).] Revised finding.- The Court having attentively considered the observations of the confirming authority, and the whole of the proceedings; (a) does now revoke its finding and sentence, and finds that the accused is......... and and sentences him to................... or, (b) does now revoke its sentence, and now sentence the accused, etc., etc., or (c) does now respectfully adhere to its sentence [or finding and sentence] Signed at.......... this.................................. day of..........19 ..................... (Signature) (Signature Judge-Advocate Presiding Officer CONFIRMATION (13) Confirmed. Confirmed. I direct that the sentence of imprisonment' shall be carried out by confinement in air force custody [or in air force (military) (civil) prison]. I vary the sentence so that it shall be as follows and confirm the finding and the sentence as so varied. I confirm the finding and sentence of the Court, but mitigate (remit, or commute]............................. or, I confirm the finding of the Court on the.......................... and ........... charges and reserve for confirmation by superior authority the finding on the ........ and......... charges, and the sentence; or, I confirm the finding of the Court, but reserve the sentence for confirmation by superior authority; I confirm the findings of the Court and the sentence of the Court as to......... and reserve the sentence so far as it............. for confirmation by superior authority; or, [Where the finding is not confirmed.] Not confirmed [the reasons for non-confirmation may be stated.] signed at.................. this.................day of..............19 .......... (Signature of confirming Authority) [Instruction- Any remarks of the confirming authority should be separate from and form no part of the proceedings.] SECTION III-Forms as to Summary General Court-Martial FORM - F.3 Form for Assembly and Proceedings of a Summary General Court-Martial under the Air Force Act, 1950 A-Order convening the Court At (place).................... this ........... day of ...........19 (1) Beginning of Form in cases falling under Cl. (a) of Sec. 113 of the Air Force Act, 1950. Whereas it appears to me....... an officer empowered in this behalf by an order of the Central Government/Chief of the Air Staff that the person/persons named in the Appendix and being subject to Air Force Law, has/have" committed the offence/offences in the said schedule mentioned; (2) Beginning of Form in cases falling under Cl. (b) ofSec. 113-of the Air Force Act, 1950 Whereas it appears to me........... the/an officer commanding the forces in the field/empowered in this behalf by the officer commanding the forces in the field on active service that the person/persons named in the Appendix, and being subject to Air Force Law, has/have committed the offence/offences mentioned in the said Appendix. (3) Beginning of Form in cases falling under Cl. (c) ofSec. 113-of the Air Force Act, 1950. Whereas it appears to me........... an officer now in command of ....... being a detached portion of the Air Force upon active service that the person/persons named in the Appendix and being subject to Air Force Law, has/have committed the offence/offences mentioned in the said Appendix; and whereas I am of opinion that it is not practicable with due regard to discipline and the exigencies of the service that the said offence/offences should be tried by an ordinary general court-martial; (4) End of form applicable to all cases. I hereby convene a summary general court-martial to try the said person/persons and to consist of.......... Ranks, names and units of members [Here enter the special order (if any) underrule 139-] (Signature of Convening Officer) B-Certificate of Presiding Officer as to proceedings I certify that the above Court assembled on the....... day of....... 19 .......... and duly tried the person/persons named in the said schedule, and that the plea, finding and sentence in the case of such/each such persons were as stated in the third and fourth columns of the said Appendix. I further certify that the members of the Court, the witnesses (where so to required by the Air Force Act, 1950) and the interpreter were duly sworn or affirmed. Signed at (place)...........this ...........day of............19 .......... (Signature of Presiding Officer) C-Confirmation I have dealt with the finding/findings and sentence/sentences in the manner stated in the last column of the
said Appendix and subject to what I have there stated, I hereby confirm the above finding/findings and sentence/sentences. Signed at (place)...........this ...........day of-..........19 .......... (Signature of Presiding Officer) Date.......................l9........... APPENDIX _______________________________________________________________________________________________________________ Name of alleged Offence charged Plea Finding, and How deal with offender if convicted, by confirming sentence Officer ___________________________________________________________________________________________________________ 1 2 3 4 5
_______________________________________________________________________________________________________________ Ram Bux (Bannia) Theft of Govern- Guilty Guilty Confirmed ment property. Rigorous I remit........ imprisonment E............... for........ F........... 2012564 ACI On active Service, Not Guilty Confirmed Jhanda Singh, breaking into house Field Punish- E........... .......... for plunder ment. No. I, F........... for two months. 212564 LAC Being a sentry Not Guilty Confirmed Hussein Khan, sleeping on post Guilty Death by being but commuted ........ in time of war. shot to death, to field punishment Squadron Recommended No. I ........ for ..... to mercy three months E........... F........... Persons accom- Impeding provost Not Not Guilty Confirmed panying (name marshal Guilty Guilty E......... unknown) white jacket F.......... and trousers, scar on right cheek. Airman in uni- Civil Offence Not Not Guilty Confirmed form of Force Rape Guilty Imprisonment E........ (name unknown) for life. A............. C................... X.................. B............. D.................. Y................. Convening Officer Presiding Officer Judge Advocate (if any) Note.- Record of evidence as required (vide rule 139) will be made separately, signed by the Presiding Officer and Judge-Advocate, if any, and shall be attached to the Appendix.
SCHEDULE 07: SEVENTH SCHEDULE
[Seerule 144-,rule 145-,rule 147(1)-,rule 149(1)-andrule 150(1)-,rule 151-] FORMS OF WARRANTS FORM G-1 Warrant for use when prisoner sentenced to detention is to be delivered into the custody of an officer in charge of a military or air force detention barrack (Air Force Act, 1950 Sec. 170). To the Officer in charge of the Military/Air Force Detention Barrack at (a).............. Whereas (number. Rank, Name, Unit)......... was on the........ day of....19..., convicted of the offence to be briefly state)...... by his commanding Officer/a(b) ....... Court-Martial and was sentenced to undergo detention for (sentence to be entered in full but without signature) And whereas the said sentence has been duly confirmed by (c) ......... as required by law (d)......... This is to require and authorise you to receive (Name).......... into your custody together with this warrant, and there carry the aforesaid sentence of detention into execution according to law. The sentence has effect from the (e)......... Given under my hand at.......... this the ......... day of........ Unit stamp Signature(f) (a) Enter place. (b) General, District or Summary General (c) Enter name and description of confirming authority or in the case of an award by Commanding Officer delete this portion. (d) Add, if necessary, "with a remission of ". (e) Enter date on which the original sentence was signed. (f) Signature of Commanding Officer of prisoner or other prescribed officer-See rule 144. FORM G-2 Warrant of commitment for use when a prisoner is sentenced to imprisonment which is to be undergone in a military or Air Force prison (Air Force Act, 1950, Sec. 166). To : The Commandant of the Military/Air Force Prison at (a)....... Whereas at a (b) .......... Court-Martial held at......... on the day of...... 19.. (Number, Rank, Name)........... of.......... (Unit) was duly convicted of......... (the offence is to be briefly stated here as "desertion," "theft", "receiving stolen goods", "disobedience of lawful command" or as the case may be). And whereas the said (b) ........ Court-Martial on the. day of.......... 19 .......... , passed the following sentence upon the said (Name)....... that is to say, (Sentence to be entered in full, but without signature). And whereas the said sentence has been duly confirmed by (c) ....... as required by law (d)............. This is to require and authorise you to receive the said (Name)......... into your custody together with this warrant and there carry the aforesaid sentence of rigorous/simple imprisonment into execution according to law. The sentence has effect from (e).......... Given under my hand at....... this the........ day of....... 19.. Unit Stamp Signature(f) (a) Enter name of military or air force prison. (b) General, District or Summary General (c) Name and description of confirming authority. (d) Add, if necessary, "with a remission of" (e) Enter date upon which the original sentence was signed. (f) Signature of Commanding Officer of prisoner or other prescribed officer-Seerule 144-. FORM G-3 Warrant of commitment for use when a prisoner is sentenced to rigorous or simple imprisonment which is to be undergone in civil prison (Air Force Act, 1950,Sec. 166-). To the Superintendent .......... of the (a) ........................ Prison Whereas at a (b) ..........Court-Marti al held at...... on the....... day of....... 19............... (Number, Rank, Name)............. of the ........ Unit was duly convicted of (the offence to be briefly stated here, as "desertion", "theft", "receiving stolen goods", "forgery", "disobedience of lawful command" or as the case may be). And whereas the said (b)........... Court-Marital, on the....... day of........ 19... passed the following sentence upon the said (Name).......That is not say- (Sentence to be entered in full, but without signature) And whereas the said sentence has been duly confirmed by (c) ....... as required by law (d)............,....... This is to require and authorise you to receive the said (Name)...... into your custody together with this warrant, and there carry the aforesaid sentence Rigorous/Simple imprisonment into execution according to law. The sentence has effect from the (e).............. The confirming authority has recommended that while undergoing imprisonment in the civil prison the prisoner be placed in division/class A (or I)/B (or II) C (or III) and if there are only two divisions/classifications in the civil prison be placed in division/class A (or I)/B (or II) Enter name and description of confirming authority or in the case of an award by Commanding Officer delete this portion. Given under my hand at...... this the....... day of.......19 * Strike out whichever is inapplicable. Unit Stamp Signature (f) (a) Enter name of prison, (b) General, District or Summary General. (c) Name and description of confirming authority. (d) Add, if necessary, "with a remission of". (e) Enter date upon which the original sentence was signed. (f) Signature of Commanding Officer of prisoner or other prescribed officer- Seerule 144-. FORM G-4 Warrant of commitment for use when a prisoner is sentenced to Imprisonment for life (Air Force Act, 1950,Sec. 165-) To the Superintendent of the (a) ......... Prison. Whereas at a (b)........ Court-Martial, held at............... on the ........... day of........... (Number, Rank, Name)....of the....... Unit was convicted of (the offence to be briefly stated here, as "treacherously corresponding with the enemy", "mutiny", "desertion on active service", or as the case may be). And whereas the said (b) ......... Court- Martial on the.......... day of........... passed the following sentence upon the said (Name); that is to say :- (Sentence to be entered in full, but without signature) And whereas the said sentence has been duly confirmed by (c)......... as required by law (d)............ This is to require and authorise you to receive the said (Name)......... into your custody in the said prison as by law is required, together "with this warrant, until he shall be delivered over by you with the said warrant to the proper authority and custody for the purpose of undergoing the aforesaid sentence of imprisonment for life. The aforesaid sentence has effect from the (e)........ The confirming authority has recommended that while undergoing imprisonment in the civil prison, the prisoner be placed in division/class A (or 1)/B (or II)/C (or III); and if there are only two divisions/classifications in the civil prison, he be placed in division/class A (or I)/B (or II). Given under my hand at............. this..................day of............19... Unit Stamp Signature (f) *Strike out whichever is inapplicable. (a) Enter name of prison. (b) General, or Summary General (c) Name and description of confirming authority. , (d) Add, if necessary, "with a remission of,.........." (e) Enter date upon which the original sentence was signed. (f) Signature of Commanding Officer of prisoner or other prescribed officer- Seerule 144-. FORM G-5 Warrant for committing a person sentenced to death by a court-martial to the custody of an air force, military or civil prison or air force or military detention barrack pending confirmation or the carrying out of the sentence, (rule 147-of the Air Force Rules, 1968). To The Superintendent/Commandant (a) .................................................... Whereas at a (b) .................................................. court-martial held at (c) ............................................ on the day of.................................. 19.............................. (Number)................ (Rank)............ (Name)............................................................................................................ of the (Unit) ............................ was convicted of the following offence(s), that is to say (d) ........................................................ And whereas the said (b) ............................ court- martial, on the............................ day of............................ 19............................ passed sentence of death on the said (name)........................................................ This is to require and authorise you to receive and hold the said (name)................ into your custody in the (a) ............................ as by law is required, together with this warrant, until such time as a further warrant in respect of the said (name)............................ shall be issued to you. Given under my hand at............................ this the ............................ day of............................ 19. (Unit Stamp) Signature (e) (a) Enter name of prison or detention barrack. (b) Enter "General' or 'Summary General" (c) Enter the name of place where trial was held. (d) Here briefly set out the offences and the relevant sections of the Air Force Act, 1950. (e) Signature of Commanding Officer. FORM G-6 Warrant to obtain person sentenced to death from air force, military or civil prison or air force or military detention barrack to carry out such sentence (Air ForceRule 150-). To The Superintendent/Commandant. Whereas No...................................... (Rank) ..................................... (Name).....................................of the (unit).......................................................................... was by a (b) ..................................... court-martial held at (place) ..................................... on the ..................................... date of.....................................19............................ was convicted of the offence(s) of (c)........................................................................................ and by a sentence passed on the.......................................................................... day of............................................................. 19............................................. sentenced to suffer death; And whereas the said sentence having been duly confirmed by (d).......................... as by law required, a warrant to carry out the said sentence has been issued to me; And whereas the aforesaid person under sentence is held in your custody in the said (a) ........................ under a warrant issued by (e) ..................................... This is to require and authorise you to deliver forthwith the said (name)..................................... to the officer/warrant officer/non-commissioned officer bringing this warrant. Given under my hand at.......................................................................... this ............................................................................................................... day of .....................................19. Unit Stamp Signature (a) Enter name of prison or detention barrack. (b) Enter "General" or "Summary General" (c) Here briefly setout the offences and the relevant sections of the Air Force Act, 1950. (d) Name and designation of confirming authority. (e) Enter name and designation of officer who signed original warrant. (f) Signature, name and designation of the provostmarshal or other officer nominated in the death warrant for carrying out the sentence of death. FORM G-7 Death Warrant (rule 149-) PART I To (a)...... Whereas (number)...................................................Rank.......................................... (Name).................................................................................................. of (unit) .......was by a (b) ....................................................................................... court-martial held at (Place).................................................................................................... convicted of the offence(s) of (c)........................................................................................................................ .................... and by a sentence passed on the.......................................... day of....................................... 19.................................................................................... sentenced to suffer death by (d) And whereas in accordance with the Air Force Act, 1950, the finding and sentence of the said court-martial have been confirmed and promulgated; And whereas I am satisfied, having regard to the provisions ofrule 148-of the Air Force Rules, 1969, that the sentence of death may be carried into effect. Now, therefore, I hereby order you to carry into effect the said sentence on the above named (number)...................................................................................................... (rank)................................................. (name) by(e).............................................................. hours on (day)................................................... the................................................... day of...............................................19 .................................................... and for so doing this shall be sufficient warrant. When the said sentence has been carried into effect the return below shall be completed and the warrant returned to me. Signed at................................................... this the................................................... day of......................................... 19 . (Signature) (f) Rank............ Commanding............ PART II Return of Warrant The above sentence passed on (number)............................................. (rank) .................................. (name)................................................................. was carried into effect at (g) .................................. hours on the .................................. day of.............................................................. 19 . (Signature) (a) (Signature) (h) PART III Certificate of Medical Officer I, (i) ................................................................ a commissioned medical officer in the Armed Forces of India, hereby certify that I have this day examined the body of (number).............................................................. (rank)........................................................... (name)................................................................. upon whom sentence of death was this day carried into effect at (g) .................................. and that on examination I found that the said person was dead. Signed at ............................................................... this the.................................. day of................................19 . (Signature) (i) (Rank and Unit). Commissioned medical officer of the Armed Forces of India. (a) Enter the rank, name and designation of the Provost-marshal or other officer responsible for carrying the sentence of death into effect. (b) Insert 'General" or "Summary General". (c) Here briefly set out the offences and the relevant sections of the Air Force Act, 1950.. (d) Insert "being shot to death" or "being hanged by the neck until he be dead". (e) Insert "shooting" or "hanging". (f) Signature of the officer issuing the warrant underrule 149-of the Air Force Rules, 1969. (g) Insert the name and address of the prison or establishment or description of the place where sentence of death was carried into effect. (h) Signature of the officer nominated underrule 150 (2)(c)-of the Air Force Rules, 1964. (i) Rank, name, number and unit of the commissioned medical officer. FORM G-8 Warrant for use when prisoner under a sentence other than of death is to be delivered into military or air force custody (Air Force Act, 1950,Sec. 171-). To The Superintendent/Commandant Of the (a) ...................... Prison. Whereas (Number, Rank, Name)........................................................... (late) of the ............................................................................................................. Unit is confined in (a)............................................................................ prison under a warrant issued by (b) ........................................................... in pursuance of a sentence of (c)................................................................ passed upon him by a (d)................................................................ Court-martial held at................................ on................................; and whereas (e) ................................ has in the exercise of the powers conferred upon him by the Air Force Act, 1950, passed the following order regarding the aforesaid sentence, that is to say- ................. This is to require and authorise you to forthwith deliver the said (Name)................................ to the officer or non-commissioned officer bringing this warrant. Given under my hand at................................. this the.............................. day of............................... 19 Unit stamp (Signature) (g).... (a) Enter name of civil, military or air force prison. (b) Enter name or designation of officer who signed original warrant. (c) Enter original sentence (if this was reduced by the Confirming Officer or other superior authority the sentence should be entered thus- ("2 year's rigorous imprisonment reduced by Confirming Officer to 1 year"). (d) General, "District" or "Summary General". (e) Name and designation of authority issuing order. (f) Older to be set out in full. (g) Signature of prescribed officer-Seerule 145-. FORM G-9 Warrant for use when a prisoner under sentence other than of death is pardoned or his trial set aside, or when the whole sentence, or the unexpired portion thereof, is remitted (Air Force Act, 1950Sec. 171-). To the Superintendent/Commandant ................................ of the (a) ............................. Prison. Whereas (Number, Rank, Name)................................ (later) of................................ Unit is confined in the .............................................................. prison under a warrant issued by (b) ................................................................ in pursuance of a sentence of cc) ................................ issued upon him by a (d)................................................................ court-martial held at ................................ on ................................; and whereas (e) ................................ has, in the exercise of the powers conferred upon him by the Air Force Act, 1950 passed the following order regarding the aforesaid sentence, that is to say- (f)........ This it to require and authorise you to forthwith discharge the said (Name)................................ in your custody unless he is liable to be detained for some other cause; and for your so discharging him this shall be your sufficient warrant. Given under my hand at................................ this the ................................day ........................of..............................19 . Unit stamp (Signature) (g).... (a) Enter name of civil, military or air force prison. (b) Enter name or designation of officer who signed original warrant. (c) Enter original sentence (if this was reduced by the Confirming Officer or other superior authority the sentence should be entered thus- ("2 year's rigorous imprisonment reduced by Confirming Officer to 1 year"). (d) "General", "District" or "Summary General." (e) Name and designation of authority pardoning prisoner, mitigating sentence or setting aside trial. (f) Order to be set out in full. (g) Signature of prescribed officer-Seerule 145-. FORM G-10 Warrant for use when a sentence of rigorous or simple imprisonment is reduced by superior authority or when one of imprisonment for life is commuted to one of rigorous or simple imprisonment (Air Force Act, 1950 Sec. 171). To the Superintendent/Commandant of the (a) ................................ Prison. Whereas (Number, Rank, Name)................................................................................... (late) of the............................... Unit is confined in the (a) ................................................................ prison under warrant issued by (b) ................................ in pursuance of a sentence of (c)................................. passed upon him by a (d) ................................ Court-Martial held at ................................ on................................; and whereas (e) ................................ has, in the exercise of the powers conferred upon him by the Air Force Act, 1950, passed the following order regarding the aforesaid sentence, that is to say- ................. This is to require and authorise you to keep the said (Name)................................ in your custody together with this warrant and there to carry into execution the punishment of Rigorous/Simple imprisonment under the said order according to law. And this is further to require and authorise you to return to me the original warrant of commitment in lieu whereof this warrant is issued. The period of such rigorous/simple imprisonment will reckon from the (g)................................ Given under my hand at................................ this the................................ day of ................................19.......... Unit stamp (Signature) (h)... (a) Enter name of civil, military or air force. (b) Enter name or designation of officer who signed original warrant. (c) Enter original sentence (if this was reduced by the Confirming Officer or other superior authority the sentence should be entered thus- ("2 year's rigorous imprisonment reduced by Confirming Officer to 1 year"). (d) "General", "District" or "Summary General." (e) Name and designation of authority reducing/commuting sentence. (f) Order to be set out in full. (g) Enter date on which original sentence was signed. (h) Signature of prescribed officer-Seerule 145-. FORM G-11 Warrant to obtain into air force custody person sentenced to death from air force, military, civil prison or air force or military detention barrack for a purpose other than carrying out the sentence of death (rule 151-of the Air Force Rules, 1968). To The Superintendnt/Commandant (a)................................................... Whereas (number)........................... (rank)...................................................... (name) ..........................of the (unit)...........................having been convicted by a (b) ................................................... court-martial held at (place)................................................... on the ...........................day of...........................19 ..................... of the offence(s) (c) .......................................................................................... ......................................................................................and sentenced by the said court-. martial to suffer death is held in your custody in the said .......................................... under a warrant issued by (d)......................................................; And whereas (e) ...................................................... has in exercise of the powers conferred upon him by the Air Force Act, 1950 passed the following order regarding the aforesaid sentence, that is to say- This is to require and authorise you to forthwith deliver the said (name)...........................the officer/warrant officer or non-commissioned officer bringing this warrant. Given under my hand at ........................... this the...........................day of....................................................19........................... Unit stamp (Signature)(g)..... (a) Enter name of the prison or detention barrack. (b) Enter "General" or "Summary General". (c) Here briefly set out the offences and the relevant sections of the Air Force Act, 1950. (d) Enter name or designation of officer who signed original warrant. (e) Name and designation of authority issuing order. (f) Order to be set out in full. (g) Signature of Commanding Officer. FORM G-12 Warrant for use when a person sentenced to death is pardoned or his trial is set aside, or when the sentence of death is not confirmed or is remitted (rule 151-of the Air Force Rules, 1968). To The Superintendent/Commandant (a)........................................................ Whereas (number)................................................... (rank)..................................... (name)........................................... of the (unit)...........................having been convicted by a (b) ...................................court-martial held at (place)........................................................ on the............................day of............................19............................. of the offence(s) of (c)................. and sentenced by the said court-martial to suffer death is held in your custody in the said (a)............................ under a warrant issued by (d)........................................................ And whereas (e) ........................................................ has in exercise of the powers conferred upon him by (f) ........................................................ passed the following order that is to say:- (g)........ This is to require and authorise you to forthwith discharge the said (name)............................ from your custody unless he is liable to be detained for some other cause; and for your so discharging him this shall be your sufficient warrant. Given under my hand at ..........................................................................................this the............................ day of...........................19........................ Unit Stamp (Signature) (h)... (a) Enter name of the prison or detention barrack. (b) Enter "General" or "Summary General". (c) Here briefly set out the offences and the relevant sections of the Air Force Act, 1950. (d) Enter name and designation of officer who signed original warrant. (e) Enter name or designation of the confirming authority or the authority pardoning remitting the sentence of death, or setting aside the trial. (f) Enter the section and the Act, or the article of the Constitution under which the order ha been passed. (g) Order to be set out in full. (h) Signature, rank, name and designation of the Commanding Officer. FORM G-13 Warrant for use when sentence of death is commuted to imprisonment (including life imprisonment) or the sentence of death or imprisonment (including life imprisonment) is commuted to detention, to be served at the same place (Air Force Act, 1950,Sec. 171-). To The Superintendent/Commandant (a)........................................................ Whereas (number)................................................................. (rank).. (name)............................of the (Unit)............................having been convicted by a (b) ........................................................court-martial held at (place).. .....................................on the ............................day of............................ 19............................. of the offence(s) of (c)........................................................ and sentenced by the court-martial to (d)............................ is held in your custody in the said (a) .-....................... under a warrant issued by (e)........................................................ And whereas (f) ........................................................ has, in exercise of powers conferred upon him by the Air Force Act, 1950 passed the following order regarding the aforesaid sentence, that is to say (g)................................................................................. This is to require and authorise you to keep the said (name)............................ in your custody together with this warrant, and there to carry into execution the punishment of (h)...................................................................................................................... under the said order according to law. And this is further to require and authorise you to return to me the original warrant of commitment in lieu whereof this warrant is issued. The period of such (i) ................................................................................................. will reckon from the (j)...................................................... day of...................................................... 19........................... Given under my hand at........................... this the ................... day of........................... 19............. Unit Stamp (Signature) (k) (a) Enter name of the prison or detention barrack. (b) Enter "General", "District" or "Summary General". (c) Here briefly set out the offences and the relevant sections of the Air Force Act, 1950. (d) Enter original sentence e.g. death, life imprisonment, rigorous/simple imprisonment for 2 years etc., (if the original sentence of imprisonment was reduced by the confirming or other superior authority, the sentence should be entered thus "2 years' rigorous imprisonment reduced by the confirming officers to I year". (e) Enter name or designation of officer who signed original warrant. (f) Enter name and designation of the authority commuting the sentence. (g) Order to be set out in. full. (h) Enter "imprisonment for life", "rigorous/simple imprisonment for........" or "detention for..........................." as the case may be. (i) Enter "life imprisonment", "imprisonment" or "detention" as the case may be. (j) Enter date on which original sentence was signed. (k) Signature of Commanding Officer or prescribed officer (seerules 145-and 151 of the Air Force Rules, 1969.) FORM G-14 Warrant for use when sentence of death is commuted to imprisonment (including life imprisonment) or the sentence of death or imprisonment (including life imprisonment) is commuted to detention, to be served at the different place (Air Force Act, 1950,Sec. 171-). To The Superintendent/Commandant (a)........................................................ Whereas (number)............................ (rank)............................ (name )............................of the (Unit)............................having been convicted by a (b) .......................................................court-martial held at (place).....................................................on the ............................day of..........................................................19.................................. of the offence(s) of (c)........................................................ and sentenced by the court-martial to (d)............................ is held in your custody in the said (a) ............................ under a warrant issued by (e)........................................................ And whereas (f) ........................................................ has, in exercise of powers conferred upon him by the Air Force Act, 1950 passed the following order regarding the aforesaid sentence, that is to say (g). This is to require and authorise you to keep lhe said (name)............................ in your custody together with this warrant, in the said (a) as by ........................law is required until he shall be delivered over by you with the said warrant to the proper authority and custody for the purpose of undergoing the punishment of (h) under the said order. And this is further to require and authorise you to return to me the original warrant of commitment in lieu whereof this warrant is issued. The period will reckon from the (j) ........................................................................................................ day of.............".."Given under my hand at............... this the.................. day of.......................... 19............ Unit Stamp (Signature) (k) (a) Enter name of the prison or detention barrack. (b) Enter "General" "District" or "Summary General". (c) Here briefly set out the offences and the relevant sections of the Air Force Act, 1950. (d) Enter original sentence e.g. death, life imprisonment, rigorous/simple imprisonment for 2 years etc., (if the original sentence of imprisonment was reduced by the confirming or other superior authority, the sentence should be entered thus "2 years' rigorous imprisonment reduced by the confirming officers to I year". (e) Enter name or designation of officer who signed original warrant. (f) Enter name and designation of lhe authority commuting the sentence. (g) Order to be set out in full. (h) Enter "imprisonment for life", "rigorous/simple imprisonment for........ or "detention for..........................." as the case may be. (i) Enter "life imprisonment", "imprisonment" or "detention" as the case may be. (j) Enter date on which original sentence was signed. (k) Signature of Commanding Officer or prescribed officer. (Seerules 145-andrule 151-of the Air Force Rules 1969.)
