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Union of India - Section

Section 12345 in The Air Force Rules, 1969

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,

orPilot Officer A.B. Nair (1234), (or 12345 Flight Sergeant Nair, 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.orShri 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 of section 2(d) read with section 6 oI 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., section 45, or section 41(2), or section 40(a) or section 71.(c)Here give statement of the offence as required under rule 36(3) of the Air Force Rules, 1969, e.g. Behaving in a manner unbecoming his position and the character expected of himoron active service disobeying a lawful command given by his superior officerorusing criminal force to his superior officer when such officer is in the execution of his officeorcommitting a civil offence that is to say theft punishable under section 379 of the Indian Penal Code.(d)Here give statement of the particulars of the act, neglect or omission constituting the offence as per rule 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-SheetNote.-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-SHEETThe accused, 12345 Corporal Nair, A.B. of No. 101 Squadron, Air Force, an airman of the regular air force, is charged with -
First charge section 46(b), Air Force Act, 1950 FEIGNING DISEASE IN HIMSELFIn that heatPHAGWARA, on ......................pretented to Flight Lieutenant A.T. Lal (3456), Senior Medical Officer, Air Force Station, PHAGWARA, that he was suffering from violent pains in his head and in his stomach, whereas he was not so suffering.
Second charge section 39(b), Air Force Act, 1950 ABSENTING HIMSELF WITHOUT LEAVEIn that heatPHAGWARA, on ........................................absented himself from the Air Force camp area without leave at........................................hours, until apprehended by the civil police at PHAGWARA at .................................. hours on..................................
 
PHAGWARA................................ 20 C.D.E.Officer CommandingNo.101 Squadron, Air Force
To be tried by District Court-Martial.  
PALAMPUR................................ 20 XYConvening Officer(or Staff Officer, who should sign for the Convening Officer)
SIXTH SCHEDULE(See rule 130)FORMS AS TO COURTS-MARTIALSection I.-GeneralFORM F-1FORM OF DECLARATION OF EXIGENCIES OF THE SERVICE OR THE NECESSITIES OF DISCIPLINE UNDER RULE 42 OF THE AIR FORCE RULES, 1969In my opinion [exigencies of the services, namely (state them)] [or the necessities of discipline] render it (impossible [(or inexpedient)]) to observe the provision of rules................................ [State the rule or rules which cannot be observed (See rule 42)]on the trial of................................. by .................................Court-Martial assembled pursuant to the order of the.............................. of .................................Signed at ................................. this ................................. day of......................20.........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-MartialFORM F-2(A)FORM OF ORDER FOR THE ASSEMBLY OF A GENERAL (OR DISTRICT) COURT-MARTIAL UNDER THE AIR FORCE ACT, 1950Orders byCommanding thePlace .................Date ..................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 the provisions of rules 46,47 and 48 of the Air Force Rules, 1969.The senior officer to sit as Presiding Officer
Members [These members and the waiting members may be mentioned by name, or the number and ranks and the mode of appointment may alone be named.]  
Waiting Members [These members and the waiting members may be mentioned by name, or the number and ranks and the mode of appointment may alone be named.]  
Judge-advocate  
  is appointed judge-advocate
Interpreter  
  is appointed interpreter
Prosecutor  
  sis appointed Prosecutor
The accused will be warned, and all witnesses duly required to attend. [Here add any order regarding counsel-vide rules 103 and 104 of the Air Force Rules, 1969.]The proceedings (of which only one copy is required) will be forwarded toSigned 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 at.................................on the ......................................day of................................. 20.......... by order of...................................... Commanding .................................dated the.................................day of...........................20........
PRESIDING OFFICER
Rank Name Unit
................................ ................................ ................................
MEMBERS
Rank Name Unit
................................ ................................ ................................
................................ ................................ ................................
................................ ................................ ................................
........................, Judge-advocate[Interpreter]Trial of [Here insert No., Rank, Name and Unit.]O'clock the trial commences
(1)[Denotes paragraph number.] 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.]that The Court shall satisfy itself ................................. [Here insert Rank, Name and Unit.]is not available to serve owning to ................................ [Here insert reason.]waiting member takes his place as a member of the Court.The Court shall satisfy itself as provided by rules 49 and 50 of the Air Force Rules, 1969.
(2)[Denotes paragraph number.] The above-named, the accused, is brought before the Court ................................ [Here insert the personal particulars and legal qualifications. If any.]appears to assist (or as Counsel/Defending) Officer for the accused................................................................... [Here insert the personal particulars and legal qualifications. If any.]appears as prosecutor, and takes his place?VARIATION.................................................................. [Here insert the personal particulars and legal qualifications. If any.]appears as counsel for the prosecutor The names of the presiding officer and members of the Court are read over to 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.]VARIATIONSChallenging OfficersAnswer-I object toQuestion to accused-Do you object to any other person? (There question must be repeated until all the objections are ascertained).Answer-Question to accused-What is your objection to (the junior officer objected to)?Answer by accused-The accused in support of his objection to .................................requests permission to call ..................................................................etc. etc.................................is called into, Court and is ..................................................................questioned by the accused.The Court is closed to consider the objection.Decision-The Court disallows the objection.The Court is re-opened, and the above decision is made known to the accused.orDecision-The Court allows the objection.The Court is re-opened, and the above decision is made known to the accused................................................................................................................................................retires.Fresh Member ............................................................................. [Insert Rank and Unit.]takes his place as member of the Court-(This only applies in the case of there being a waiting member of the Court).He appears to the Court to be eligible and not disqualified to service on this Court-Martial.Question to accused-Do you object to 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 to .................................(the junior of the officers objected to)?(This objection will be dealt with in the same manner as the former objection).This Court adjourns for the purpose of fresh members being appointed.orThe Court is of the opinion that in the interests of justice and for the good of the service, it is inexpedient to adjourn for the 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 the presiding officer (judge-advocate) and attached to the proceedings.The Court shall satisfy itself with respect to such fresh officers as provided by rule 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:
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 short-hand writer are now required to be shown].Question to the accused-Do you object to .................................as interpreter?A-[Instruction.-In case of objection the same procedure will be followed as in the case of an objection to a member of the Court. ]Q. Is duly sworn (or affirmed) as short-hand 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)[Denotes paragraph number.] 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 above-mentioned 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 60(2) must be complied with, and the fact that they have been complied with must be recorded.]VARIATIONSThe accused objects to the charge.Question to the accused-What is your objection?DECISIONThe 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 refer 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].VARIATIONPlea 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 to proceed to the trial on another charge] [or the Court overrules the plea].The Court is re-opened, and the above decision is read to the accused.The Court adjourns [or proceeds with the trial on another charge] [or proceeds with the trial].VARIATIONSThough the accused pleads "Guilty" to the charge, the Court records a plea of "Not Guilty" as required by rule 60(4).orRefusal 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)[Denotes paragraph number.] 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).]VARIATIONIf an adjournment is applied for by the accused.DECISIONThe Court is closed to consider its decision.The Court allows (or overrules) the application by the accused for adjournment or allows adjournment upto.The Court is re-opened, and the above decision is read to the accused-[If the prosecutor makes an address]. The prosecutor makes the following address for, 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) of rule 119 have been complied with should be recorded.]The witness withdraws.VARIATIONThe accused declines to cross-examine this witness.[Instruction.-In every case where the accused does not cross-examine the witness 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 to 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 [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. See rule 95.]-The Court is closed to consider their decisionThe Court overrules [or allows] the objection and the Court is re-opened 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.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.]ADJOURNMENTAt .................................O'clock the Court adjourns until.................................O'clock, on the ..............................Second day..............................on the............................ of.................20.......... at .................................O'clock, the Court re-assembles pursuant to adjournment, presents the same members as on the .................................ofVARIATION[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 untilorThere 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 already 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 ..........................................................................continuedThe 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, in a written reply, which is read (orally translated) marked Exhibit .................................signed by the presiding officer (judge-advocate), and attached to the proceedings).orThe 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.
(b)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 person, 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 is made 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 with the proceedings.The Court is closed to consider its decision.The Court disallows the plea [or allows the plea] (or allows the plea on ................................ and 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 and including para (8) otherwise].The trial proceeds on ................................and.................................charges.DEFENCEThe 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-VARIATIONThe 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.]Question to the accused-Do you intend to call any witness in your defence?A-Yes (No).Q-ls he a witness as to character only?A-VARIATION
(5)[Denotes paragraph number.] [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.[Instructions.-The fact that sub-rules (2), (3) and (4) of rule 119 have been complied with should be recorded.]The witness withdraws.VARIATIONThe 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 as 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, 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 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 address, which is read (orally translated), marked Exhibit ................................., signed by the presiding officer (judge-advocate) 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.]VARIATIONThe 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.] [All witnesses including witness as to character, will be numbered consecutively and examined, cross-examined, etc., in the same manner.]......................................................is duly sworn confirmed]
 
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) of rule 119 have been complied with should be recorded.]The witness withdraws.VARIATIONThe 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 alternations.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. [To be numbered consecutively further to prosecution witnesses already examined earlier, Witnesses will be examined, cross-examined, etc. in the same manner as other prosecution witnesses.]The accused (or the counsel for the accused for 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.]orThe 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 to record every point brought forward in the defence or in mitigation of punishment].VARIATIONThe 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)[Denote paragraph number.] 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.VARIATIONThe judge-advocate and the Court think a summing up unnecessary.orThe Court, at the request of the judge-advocate, adjourns until .................................to enable him to prepare his summing up.FINDING
(8)[Denote paragraph number.] The Court is closed for the consideration of the finding.The Court finds that the accused (No .................................Rank................................. Name .................................Unit.................................) isGuilty of ................................. [The words in italics are to be entered in the margin.]Not guilty of the.................................charge but is guilty of the .................................charges.orGuilty of ................................... [The words in italics are to be entered in the margin.]Not guilty of...................................and...................................charges but is guilty of .................and...................charges ..............charges.or(Guilty of all charges) [The words in italics are to be entered in the margin.] is guilty of the charge (all the charges).orSpecial finding is guilty of the ................................. [The words in italics are to be entered in the margin.]charge, and guilty of the .................................charge with the exception of the words (or with................................. exception that)orSpecial finding is not guilty of desertion, but is guilty of absence without leave from the ................................. [The words in italics are to be entered in the margin.]to the.................................being a period of.................................days.[Instruction.-Any special finding allowed by section 138 of the Air Force Act, 1950, may be, expressed in this form];orthe 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 on ...............................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)[Denote paragraph number.] Acquittal-The Court finds that the accused [The words in italics are to be entered in the margin.] (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
INSANITYInsanity [The words in italics are to be entered in the margin.]-The Court finds that the accused (No ................................. Rank...........................Name .................................Unit..............................) is of unsound mind and consequently incapable of making his defence;or,committed the 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) (Signature)
Judge-advocate Presiding Officer
CONFIRMATIONConfirmedAt .................................this.................................day of....................................................................Signature of Confirming AuthorityPROCEEDINGS 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 with rule 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.]VARIATIONThe Court gives permission to the accused to call witnesses to prove his statement that [here specify the statement which is to be proved.][Instructions.-The examination, etc., of witnesses called in pursuance of the 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. orThe 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 note 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 characterQuestion 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 (No ................................. Rank................................ Name ................................. Unit .................................) is found guilty of the charge [or all the charges].VARIATIONThe 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.[Instruction.-The Court will then proceed in respect of the charges for which the plea has been altered, as in paragraph ( )].PROCEEDINGS ON CONVICTIONBefore 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 the 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
Re-examined
orThe accused declines to cross-examine this witness.[Instruction.-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.SENTENCEThe Court sentences the accused (No .................................Rank.................................Name .................................Unit.................................):
(a)[The words in italics are to be entered in the margin.]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. [The words in italics are to be entered in the margin.]-To suffer imprisonment for life.
(c)Rigorous (Simple) imprisonment. [The words in italics are to be entered in the margin.]-To suffer rigorous (simple) imprisonment for .................................years [months or days]. [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.]
(d)Detention. [The words in italics are to be entered in the margin.]-To undergo detention for ................................years [months or days] [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.]
(e)Cashiering. [The words in italics are to be entered in the margin.]-To be cashiered.
(f)Dismissal. [The words in italics are to be entered in the margin.]-To be dismissed from the service.
(g)Reduction. [The words in italics are to be entered in the margin.]-To be reduced to the rank of .................................[or to the ranks] [or to the classification of].
(h)
(i)[A 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 .................................in the Air Force List (month and year);] Forfeiture of seniority. [The words in italics are to be entered in the margin.]-To take precedence in the rank held by him as if his name had appeared between the names of .................................and.................................
or
(ii)[A 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. (1) should be used where it is intended to adjust the precedence of the accused within a group of persons who alongwith the accused were promoted to the same substantive rank with effect from the same date.] Forfeiture of seniority. [The words in italics are to be entered in the margin.]-To forfeit .................................(specify period) seniority of rank, that is to say, to take precedence in the rank held by him as if his name had appeared between those of .................................and.................................in the Air Force List (month and years).
or
(iii)[A 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. (1) should be used where it is intended to adjust the precedence of the accused within a group of persons who alongwith the accused were promoted to the same substantive rank with effect from the same date.] Forfeiture of seniority. [The words in italics are to be entered in the margin.]-To forfeit .................................(specify 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 .................................
(iv)Forfeiture of past service for promotion. [The words in italics are to be entered in the margin.]-To forfeit .................................(here specify period) past service for the purpose of promotion.
(i)Forfeiture of service for. [The words in italics are to be entered in the margin.]-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. [The words in italics are to be entered in the margin.]-To be severely reprimanded (or reprimanded).
(k)Forfeiture of pay and allowances. [The words in italics are to be entered in the margin.]-To forfeit pay and allowances for a period of .................................
(l)Forfeiture of arrears and other public money. [The words in italics are to be entered in the margin.]-To forfeit all arrears of pay and allowances and other public money due to him at the time of his dismissal (cashiering).
(m)Stoppage. [The words in italics are to be entered in the margin.]-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 specify the Central Government or other person to vvhom 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 persons should be specified separately.]
(n)Field punishment. [The words in italics are to be entered in the margin.]-To suffer field punishment no ................................. [See rule 152.] for a period of ............................... [See rule 152.]
RECOMMENDATION TO MERCYThe Court recommend the accused to mercy on the ground thatSIGNATURESigned at .................................this day of.................................20.........
................................ ................................
(Signature) (Signature)
Judge-advocate Presiding Officer
REVISION
(12)At .................................on the.................................day of.................................20.........at .................................O'clock the Court re-assemble by order of.................................for the purpose of reconsidering their .................................Present, the same members as on the .................................day of................................. 20.........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 for, 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 sentences him to.................................
(b)does now revoke its sentence, and now sentences the accused, etc., etc.
or
(c)does now respectfully adhere to its sentence [or finding and sentence]
Signed at ................................. this ................................. day of.................................20........
................................ ................................
(Signature) (Signature)
Judge-advocate Presiding Officer
CONFIRMATION [While confirming a sentence of imprisonment to be suffered in civil prison, the confirming authority is separately to recommend whether the prisoner should be classified as division/class A (or I), B (or II), or C (or III) prisoner, or in civil prisons where there are only two divisions or classifications, he should be classified as Division/Class A (or I) or B (or II) prisoner.]
(13)ConfirmedorConfirmed, I direct that the sentence of imprisonment [While confirming a sentence of imprisonment to be suffered in civil prison, the confirming authority is separately to recommend whether the prisoner should be classified as division/class A (or I), B (or II), or C (or III) prisoner, or in civil prisons where there are only two divisions or classifications, he should be classified as Division/Class A (or I) or B (or II) prisoner.] shall be carried out by confinement in air force custody [or in air force (military) (civil) prison]. [See section 166, Air Force Act, 1950.]orI vary the sentence so that it shall be as follows and confirm the finding and the sentence as so varied.orI confirm the finding and sentence of the Court, but mitigate [remit or commute] .................................orI 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;orI confirm the finding of the Court, but reserve the sentence for confirmation by superior authority;orI 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................................. 20.............................................(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-MartialFORM F-3FORM FOR ASSEMBLY AND PROCEEDINGS OF A SUMMARY GENERAL COURT-MARTIAL UNDER THE AIR FORCE ACT, 1950A-Order convening the CourtAt (place) .................................this.................................day of.................................20........
(1)Beginning of Form in cases falling under clause (a) of section 113 of the Air Force Act, 1950. [Only one of these will be used, the two which are inapplicable being struck out.]Whereas it appears to me .................................an officer empowered in this behalf by an order of the Central Government/Chief of the Air Staff [Strike out whichever is not required.] that the person/persons [Strike out whichever is not required.] named in the Appendix and being subject to Air Force Law, has/have [Strike out whichever is not required.] committed the offence/offences [Strike out whichever is not required.] in the said schedule mentioned;
(2)Beginning of Form in cases falling under clause (b) of section 113 of the Air Force Act, 1950. [Only one of these will be used, the two which are inapplicable being struck out.]Whereas it appears to me .................................the/an [Strike out whichever is not required.] officer commanding the forces in the field/empowered in this behalf by the officer commanding the forces in the field [Strike out whichever is not required.] on active service that the person/persons [Only one of these will be used, the two which are inapplicable being struck out.] named in the Appendix, and being subject to Air Force Law, has/have [Strike out whichever is not required.] committed the offence/offences [Strike out whichever is not required.] mentioned in the said Appendix.
(3)Beginning of Forms in cases falling under clause (c) of section 113 of the Air Force Act, 1950. [Only one of these will be used, the two which are inapplicable being struck out.]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< [Strike out whichever is not required.] named in the Appendix and being subject to Air Force Law, has/have [Strike out whichever is not required.] committed the offence/offences [Strike out whichever is not required.] 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 [Strike out whichever is not required.] 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 [Strike out whichever is not required.] and to consist ofRanks, names and units of members[Here enter the special order (if any) under rule 139]................................(Signature of Presiding Officer)B-Certificate of presiding officer as to proceedingsI certify that the above Court assembled on the .................................day of.............................. 20......... and duly tried the person/persons [Only one of these will be used, the two which are inapplicable being struck out.] named in the said schedule, and that the plea, finding and sentence in the case of such/each [Only one of these will be used, the two which are inapplicable being struck out.] 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 required by the Air Force Act, 1950) and the interpreter were duly sworn or affirmed.Signed at (place) .......................this...........................day of...........................20........................................(Signature of Presiding Officer)C-ConfirmationI 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............................20..........................................(Signature of Confirming Officer)APPENDIXDate.....................20..............
Name of alleged offender [If the name of the person charged is unknown, he may be described as unknown with such addition as will identify him.] Offence charged Plea Finding, and if convicted, sentence [Recommendation to mercy to be inserted in this column.] How dealt with by Confirming Officer [Signature of Confirming Officer.]
1 2 3 4 5
Ram Bux (Bannia) Theft of Government property Guilty Guilty Rigorous imprisonment for................. Confirmed I remit................... E....................... F.......................
201202 ACI Jhanda Singh ................. On active Service, breaking into house for plunder. Not Guilty Guilty Field Punishment, No. I, for two months Confirmed E....................... F.......................
Squadron 212564 LAC Hussein Khan, ........................ Squadron Being a sentry, sleeping on post in time of war Not Guilty Guilty Death by being shot to death, Recommended to mercy Confirmed But commuted to field punishment No. 1 ............................ For......................... three months. E........................... F...........................
Person accompanying force (name unknown) white jacket and trousers, scar on right cheek Impeding provost marshal Not Guilty Not Guilty. F.................... Confirmed E...........................
Airman in uniform of Air Force (name unknown) Civil offence Rape Not Guilty Guilty Confirmed Imprisonment for Life
        E.............................
        F.............................
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.SEVENTH SCHEDULE[See rules 144,145,147(1),149(1) and 150(1),151]FORMS OF WARRANTSFORM G-1(See section 170)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 BARRACKToThe Officer in charge of the Military/ Air ForceDetention Barrack at (a) ........................................Whereas (Number, Rank, Name, Unit) .................................was on the................................. day of ............................20........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...................... 20.............................Signature (f)Unit stamp
(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(See section 166)WARRANT OF COMMITMENT FOR USE WHEN A PRISONER IS SENTENCED TO IMPRISONMENT WHICH IS TO BE UNDERGONE IN A MILITARY OR AIR FORCE PRISONToThe Commandant of the Military/Air Force Prison at (a) ......................Whereas at a (b) .................................Court-Martial held at.................................on the day of..........................20........(Number, Rank, Name).................................of the.................................(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 ...............................................20........ 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 the
(e).................................
Given under my hand at .................................this the.................................day of...................... 20........ .....................................Signature (f)Unit stamp
(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-See rule 144.
FORM G-3(See section 166)WARRANT OF COMMITMENT FOR USE WHEN A PRISONER IS SENTENCED TO RIGOROUS OR SIMPLE IMPRISONMENT WHICH IS TO BE UNDERGONE IN CIVIL PRISONToThe Superintendent of the
(a)..............................Prison
Whereas at a (b) .................................Court-Martial held at.................................on the .................................day of.......................20.........(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-Martial on the.................................day of ........................20........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 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) [Strike out whichever is inapplicable.], and if there are only two divisions/classifications in the civil prison, he be placed in division/class A (or I)/B(or II) [Strike out whichever is inapplicable.].Given under my hand at .................................this the.................................day of...................... 20......... ............................................Signature (f)Unit stamp
(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 on which the original sentence was signed.
(f)Signature of Commanding Officer of prisoner or other prescribed officer-See rule 144.
FORM G-4(See section 165)WARRANT OF COMMITMENT FOR USE WHEN A PRISONER IS SENTENCED TO IMPRISONMENT FOR LIFEToThe Superintendent of the
(a).............................. Prison
Whereas at a (b) ........................................Court-Martial held at......................................on the .................................day of.......................20.........(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 .......................20........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 I)/B (or II)/C (or III) [Strike out whichever is inapplicable.]; and if there are only two divisions/classifications in the civil prison, he be placed in division/class A (or I)/B (or II) [Strike out whichever is inapplicable.].Given under my hand at .....................................this.................................day of........................ 20......... ......................................Signature (f)Unit stamp
(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 on which the original sentence was signed.
(f)Signature of Commanding Officer of prisoner or other prescribed officer-See rule 144.
FORM G-5(See rule 147)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 SENTENCEToThe Superintendent/Commandant
(a).........................................................
Whereas at a (b) ..........................................Court-Martial held at (c).............................. ..... on the ........................................day of................................20............(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 ....................20......... passed sentence of death of 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 if 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...................... 20......... ..................................................Signature (e)Unit stamp
(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 the Commanding Officer.
FORM G-6(See rule 150)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 SENTENCEToThe Superintendent/Commandant
(a)..................................
Whereas (Number) .............................. (Rank)............................. (Name)............................... of the (Unit) .................................was by a (b).................................Court-Martial held at (place) .................................on the.................................date of................................. 20......... was convicted of the offence(s) of (c) .................................and by a sentence passed on the ...............................:.day of................................. 20......... 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............................ 20........ ......................................Signature (f)Unit stamp
(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)Name and designation of confirming authority.
(e)Enter name and designation of officer who signed original warrant.
(f)Signature, name and designation of the provost-marshal or other officer nominated in the death warrant for carrying out the sentence of death.
FORM G-7(See rule 149)