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
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
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
under this section, shall be liable to be tried by a court-martial and, on conviction, be punishable as follows, that
Army Act, 1950
125. Choice between criminal court and court-martial.
When a criminal court and a court-martial have each jurisdiction in respect ... that officer decides that they should be instituted before a court-martial, to direct that the accused person shall be detained in military custody
affirmations by such courts; (e) the convening and constituting of courts- martial and the appointment of prosecutors at trials by courts- martial; (f) the adjournment ... dissolution and sitting of courts-martial; (g) the procedure to be observed in trials by courts-martial and the appearance of legal practitioners thereat
