Section 3 in The Indian Soldiers (Litigation) Act, 1925
3. Circumstances in which an Indian soldier shall be deemed to be serving underspecial conditions
.-Forthe purposes of this Act, an Indian soldier shall be deemed to be or, as thecase may be, to have been serving -(a)under special conditions (when he is or has been serving under warconditions), or overseas, or at any place [beyond India] [ Substituted by A.L.O. 1950, for beginning with " in Persia" and ending with " nearest railway Station" (w.e.f. 26.1.1950).], [or any such placewithin India as may be specified by the Central Government by notification in the Official Gazette] [ Inserted by Act 23 of 1970, S.3, (w.e.f. 29.5.1970).];(b)under warconditions-when he is or has been, at any time during the continuance of anyhostilities declared by the [Central Government] [ Substituted by A.O. 1937, for " Governor General in Council" (w.e.f. 1.4.1937).] by notification in the [Official Gazette] [ Substituted by A.O. 1937, for " Gazette of India" (w.e.f. 1.4.1937). ] to constitute a state of war for the purpose of this Act or at any timeduring a period of six months thereafter, - (i) serving out of India,(ii)under orders to proceed on field service,(iii)serving with any unit which is for the time being mobilised, or(iv)serving under conditions which, in the opinion of the prescribedauthority, preclude him from obtaining leave of absence to enable him to attenda Court as a party to any proceeding or when he is or has been at any othertime serving under conditions service under which has been declared by the [Central Government] [[ Substituted by A.O. 1937, for " Governor General in Council" (w.e.f.1.4.1937).]] by notification in the [Official Gazette] [ Substituted by A.O. 1937, for " Gazette of India" (w.e.f. 1.4.1937). ] to be service underwar conditions; and(c)[ overseas-when he is or has been serving in any place outside India(other than Ceylon) the journey between which and [India][is ordinarilyundertaken wholly or in part by sea.] [ Substituted by A.O. 1937, for Cl. (c) (w.e.f. 1.4.1937). ][Explanation.-For the purposes of this section and with effect from the 3rd day of September, 1939, asoldier who is or has been a prisoner of war shall be deemed to be or to havebeen serving under war conditions.]
