The Army Act, 1950

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1. Purpose and Scope

• Enacted to regulate the discipline, conduct, and administration of the Indian Army.

• Applies to all persons subject to the Army Act, including officers, warrant officers, non-commissioned officers, soldiers, and recruits.

• Also applies to certain civilians associated with the Army in specific conditions.

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2. Key Definitions

• Army: Indian Army.

• Person subject to the Act: Officers, soldiers, recruits, and others detailed in the Act.

• Commanding Officer: Officer in charge of a unit or formation.

• Court-martial: Military court constituted to try offences under the Act.

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3. Major Provisions

a) Offences under the Act

The Act defines numerous military offences, including but not limited to:

• Disobedience to orders

• Desertion

• Absence without leave (AWOL)

• Mutiny or incitement to mutiny

• Conduct prejudicial to good order

• Striking a superior officer

• Cowardice or neglect of duty in the face of the enemy

• Negligent performance of duty

• Offences against property, health, and public peace

• Drunkenness or other misconduct

b) Punishments

• Punishments may include reprimand, fine, confinement, reduction in rank, dismissal, or imprisonment.

• For serious offences such as mutiny, desertion, or cowardice, death penalty may be awarded.

• Commanding Officers have power to award summary punishments for minor offences.

c) Court-Martial

• Types: Summary, District, and General Courts-Martial.

• Jurisdiction: Depends on rank of accused and severity of offence.

• Procedure: Includes investigation, framing of charges, trial, and sentencing.

• Rights to legal representation and fair trial are recognized.

d) Appeals

• Appeals lie from courts-martial to higher military authorities.

• Further appeals can be made to the Armed Forces Tribunal (AFT) and the Supreme Court of India under Article 136.

e) Miscellaneous

• Deserters: Provisions for apprehension and trial.

• Emergency powers: Special powers during war or emergency.

• Protection of persons acting under the Act from civil suit.

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4. Important Sections

Section	Subject	Brief Description
2	Definitions	Key terms defined
4	Persons subject to the Act	Who comes under the Act
12	Punishments	Types of punishments awarded
14	Summary punishment powers	Powers of Commanding Officers for minor offences
20	Offences and penalties	Military offences and respective punishments
26	Trial by Court-martial	Procedures and types of courts-martial
59	Appeal provisions	Rights to appeal courts-martial decisions
91	Protection from civil suits	Immunity for actions under the Act

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5. Significance

• Maintains discipline and operational efficiency in the Army.

• Provides a specialized justice system tailored to military needs.

• Balances military necessity with legal protections.

• Recognizes the unique nature of military service and command structure.