also be liable to fine. Explanation 1.— A trial before a Court-martial is a judicial proceeding. Explanation 2.— An investigation directed by law preliminary
Constitution of India
India
Constitution of India
CONTITUENTASSEMBLY 00 of 1950
Published in Gazette 00
SC1256 (7,9,11,14)
ACT:
Army Act 1950: Section 164- -Court-Martial--Post confir-
mation petition--Central Government--Whether bound to give
reasons.
HEADNOTE ... appellant pleaded not guilty to the charges. The
General Court Martial on November 29, 1978 found him guilty
of first and third charge and awarded
Army Rules, 1954: Sections 41 and
130 /Rules 106-133-Court Martial-When proceedings vitiated-
Participation of officer who has punished accused-Whether
amounts ... rigorous imprisonment for one year was imposed
by a Summary Court Martial consisting of respondent No. 4
and others. He was removed to the civil
Constitution of India
34. Restriction on rights conferred by this Part while martial law is in force in any area
Notwithstanding anything in the foregoing ... restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture
applies to all judicial proceedings in or before any Court, including Courts-martial, [other than Courts-martial convened under the Army
cases where the punishment or sentence is by a Court Martial; (b) in all cases where the punishment or sentence is for an offence against ... Union to suspend, remit or commute a sentence by a court martial. (3) Nothing in sub-clause (c) of clause (1) shall affect the power
Force Authorities to exercise their option
to try the appellant by court-martial, the right of the
appellant to be tried by court-martial ... Code of Criminal
Procedure and Criminal Courts and Court Martial (Adjustment
of Jurisdiction) Rules, 1952 (hereinafter the '1952 Rules').
11. Section
Delivery to Commanding Officers of persons liable to be tried by Court-martial.
(1) The Central Government may make rules consistent with this Code ... Court to which this Code applies or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence
provide for appeals arising out
of orders, findings or sentences of Courts-Martial held under the said Acts
and for matters connected therewith or incidental ... exercised by the Tribunal relating to matters of appeal against the Court-
Martial. The said Section reads as fellows:
" Section 15 . Jurisdiction, powers