Section 70 in The Army Act, 1950
70. Civil offence not triable by court-martial.
A person subject to this Act who commits an offence
Ram Padarath Singh vs The State Of Bihar Through The Principal ... on 22 October, 2014
offence against the
Act. Section 69 of the Army Act has been made subject to
the provisions of Section 70 . When a provision ... conditions requisite
for the application of Section 70 exist, Section 69 would
give way to Section 70 . Section 70 provides for the
conditions in which
other than the
Army Act .
Section 70 of the Act carves out an exception to Section
69 of the Act. It provides that offences ... option of the Commanding Officer in terms of Section 125
Army Act.
Sections 69 and 70 need to be noticed.
Section 69 . Civil offences.Subject
both governed
by the Army Act 19507 when the incident took place, in view of Section 69 of the
Army Act, the accused could ... Army Act , was charged under Section 69 of the Army Act read
18 (1964) 4 SCR 931
20
with Section
that in view of the provisions of Section 70 of the Army Act, petitioner could not be tried by a Military Court ... upon such reference shall be final."
8. Under Section 70 of the Army Act, an offence of murder against a person not subject
raised by Harpreet relying upon Sections 69 and 70 of the
Army Act, 1950 (Army Act , for short) read with Criminal Courts and
Court Martial ... connected intrinsically with the offence under Section
376 IPC. In such cases, Section 70 of the Army Act should be and has
to be applied
from the context it has been used in various provisions of the Act, Rules or Regulations as the case may be.
15. The expression ... civil offences except those specified in the Army Act Section 70 can be tried either by Court-Martial or by a Civil Court, (b) offences
Amal Chandra Das vs The State Of West Bengal And Others on 22 May, 2024
Amal Chandra Das vs The State Of West Bengal And Others on 22 May, 2024