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
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
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
prejudicial to good order and military discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend
provisions of this Act; (vii) "court-martial" means a court-martial held under this Act; (viii) "Criminal Court" means a Court of ordinary criminal justice
Section 71 in The Army Act, 1950
71. Punishments awardable by courts-martial.
Punishments may be inflicted in respect of offences committed by persons subject ... this Act and convicted by courts- martial, according to the scale following, that is to say,- (a) death; (b) transportation for life
Army Act, 1950
164. Remedy against order, finding or sentence of court-martial.
(1) Any person subject to this Act who considers himself aggrieved ... order passed by any court-martial may present a petition to the officer or authority empowered to confirm any finding or sentence of such court