THE AIR FORCE ACT, 1950 

______ 

ARRANGEMENT OF SECTIONS 
______ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title and commencement. 

2. Persons subject to this Act. 

3. Termination of application of the Act. 

4. Definitions. 

CHAPTER II 

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES 

5. Application of Act to certain forces under the Central Government. 

6. Special provision as to rank in certain cases. 

7. Commanding Officer of person subject to Air Force law under clause (d) of section 2.  

8. Officers exercising powers in certain cases. 

9. Power to declare persons to be on active service. 

CHAPTER III 

COMMISSION, APPOINTMENT AND ENROLMENT 

10. Commission and appointment. 

11. Ineligibility of aliens for enrolment. 

12. Ineligibility of females for enrolment or employment. 

13. Procedure before enrolling officer. 

14. Mode of enrolment. 

15. Validity of enrolment. 

16. Persons to be attested. 

17. Mode of attestation. 

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CHAPTER IV 

CONDITIONS OF SERVICE 

SECTIONS 

18. Tenure of service under the Act. 

19. Termination of service by Central Government. 

20. Dismissal, removal or reduction by Chief of the Air staff and other officers. 

21. Power to modify certain fundamental rights in their application to persons subject to this Act. 

22. Retirement, release or discharge. 

23. Certificate on termination of service. 

24. Discharge or dismissal when out of India. 

CHAPTER V 

SERVICE PRIVILEGES 

25. Authorised deductions only to be made from pay. 

26. Remedy of aggrieved airmen. 

27. Remedy of aggrieved officers. 

28. Immunity from attachment. 

29. Immunity from arrest for debt. 

30. Immunity of persons attending courts-martial from arrest. 

31. Privileges of reservists. 

32.  Priority in respect of Air Force personnel's litigation. 

33. Saving of rights and privileges under other laws. 

CHAPTER VI 

OFFENCES 

34. Offences in relation to the enemy and punishable with death.  

35. Offences in relation to the enemy and not punishable with death.  

36. Offences punishable more severely on active service than at other times.  

37. Mutiny. 

38. Desertion and aiding desertion. 

39. Absence without leave. 

40. Striking or threatening superior officer. 

41. Disobedience to superior officer. 

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SECTIONS 

42. Insubordination and obstruction. 

43. Fraudulent enrolment. 

44. False answers on enrolment. 

45. Unbecoming conduct 

46. Certain forms of disgraceful conduct. 

47. III-treating a subordinate 

48. Intoxication. 

49. Permitting escape of person in custody. 

50. Irregularity in connection with arrest or confinement. 

51. Escape from custody. 

52. Offences to respect of property. 

53. Extortion and corruption. 

54. Making away with equipment. 

55. Injury to property. 

56. False accusation. 

57. Falsifying official documents and false declaration. 

58. Signing in blank and failure to report. 

59. Offences relating to courts-martial. 

60. False evidence. 

61. Unlawful detention of pay. 

62. Offences in relation to aircraft and flying 

63. Other offences relating to aircraft and flying. 

64. Disobedience of lawful command of captain of aircraft. 

65. Violation of good order and air force discipline. 

66. Miscellaneous offences. 

67. Attempt. 

68. Abetment of offences that have been committed. 

69. Abetment of offences punishable with death and not committed. 

70.  Abetment of offences punishable with imprisonment and not committed. 

71. Civil offences. 

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SECTIONS 

72. Civil offences not triable by court-martial. 

CHAPTER VII 

PUNISHMENTS 

73. Punishments awardable by courts-martial. 

74. Alternative punishments awardable by court-martial. 

75. Combination of punishments. 

76. Cashiering of officers. 

77. Field punishment. 

78. Position of field punishment in scale of punishments. 

79. Result of certain punishments in the case of a warrant officer or a non-commissioned officer. 

80. Retention in the ranks of a person convicted on active service. 

81. Punishments otherwise than by court-martial. 

82. Punishment of persons other than officers and warrant officers. 

83. Requirement of sanction in certain cases. 

84. Limit of punishments under section 82. 

85. Punishments in addition to those specified in section 82. 

86. Punishment of officers and warrant officers. 

87. Transmission of proceedings. 

88. Review of proceedings. 

89. Superior air force authority. 

90. Collective fines. 

CHAPTER VIII 

PENAL DEDUCTIONS 

91. Deductions from pay and allowances of officers. 

92. Deductions from pay and allowances of airmen. 

93. Computation of time of absence of custody. 

94. Pay and allowances daring trial. 

95. Limit of certain deductions. 

96. Deduction from public money due to a person.  

97.  Pay and allowances of prisoner of war during inquiry into his conduct. 

98. Remission of deductions.  

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SECTIONS 

99. Provision for dependants of prisoner of war from remitted deductions.  

100. Provision for dependants of prisoner of war from his pay and allowances.  

101. Period during which a person is deemed to be a prisoner of war 

CHPATER IX 

ARREST AND PROCEEDINGS BEFORE TRIAL 

102. Custody of offenders. 

103. Duty of commanding officer in regard to detention. 

104. Interval between committal and court-martial 

105. Arrest by civil authorities. 

106. Capture of deserters. 

107. Inquiry into absence without leave. 

108. Provost-marshals. 

CHAPTER X 

COURTS-MARTIAL 

109. Different kinds of courts-martial.  

110. Power to convene a general court-martial. 

111. Power to convene a district court-martial. 

112. Contents of warrants issued under sections 110 and 111. 

113. Power to convene a summary general court-martial.  

114. Composition of general court-martial. 

115. Composition of district court-martial. 

116. Composition of summary general court-martial. 

117. Dissolution of court-martial. 

118.  Powers of general and summary general courts-martial. 

119. Powers of district Court-martial. 

120. Prohibition of second trial. 

121. Period of limitation for trial. 

122. Liability of offender who ceases to be subject to Act. 

123. Place of trial. 

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SECTIONS 

124. Choice between criminal court and court-martial. 

125. Power of criminal court to require delivery of offender. 

126. Successive trials by a criminal, court and a court-martial. 

CHAPTER XI 

PROCEDURE OF COURTS-MATRIAL 

127. Presiding Officer. 

128. Judge Advocate. 

129. Challenges. 

130. Oaths of member, Judge advocate and witness. 

131. Voting by members. 

132. General rule as to evidence. 

133. Judicial notice. 

134. Summoning witnesses. 

135. Documents exempted from production. 

136. Commissions for examination of witnesses. 

137. Examination of a witness on commission. 

138. Conviction of offence not charged. 

139. Presumption as to signatures. 

140. Enrolment paper. 

141. Presumption as to certain documents. 

142. Reference by accused to Government officer. 

143. Evidence of previous convictions and general character.  

144. Lunacy of accused 

145. Subsequent fitness of lunatic accused for trial. 

146. Transmission to Central Government of orders under section 145. 

147. Release of lunatic accused. 

148. Delivery of lunatic accused to relatives. 

149. Order for custody and disposal of property pending trial. 

150. Order for disposal of property regarding which offence is committed.  

151. Powers of courts-martial when certain offences are committed by persons not subject to this Act. 

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CHAPTER XII 

CONFIRMATION AND REVISION 

SECTIONS 

152. Finding and sentence not valid, unless confirmed.  

153. Power to confirm finding and sentence of general court-martial. 

154. Power to confirm finding and sentence of district court-martial. 

155.  Limitation of powers of confirming authority. 

156. Power to confirm finding and sentence of summary general courts- martial. 

157. Power of confirming authority to mitigate, remit or commute sentences.  

158. Confirming of findings and sentences on board a ship.  

159. Revision of finding or sentence.  

160. Alteration of finding or sentence in certain cases. 

161. Remedy against order, finding or sentence of court-martial. 

162. Annulment of proceedings. 

CHAPTER XIII 

EXECUTION OF SENTENCES 

163. Form of sentence of death. 

164. Commencement of sentence of transportation or imprisonment. 

165. Execution of sentence of transportation.  

166. Execution of sentence of imprisonment. 

167. Temporary custody of offender. 

168. Execution of sentence of imprisonment in special cases. 

169. Conveyance of prisoner from place to place. 

170. Execution of sentence of detention. 

171. Communication of certain orders to prison officers. 

172. Execution of sentence of fine. 

173. Establishment and regulation of air force prisons.  

174. Informality or error in the order or warrants. 

175. Power to make rules in respect of prisons and prisoners.  

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SECTIONS 

176. Restriction of rule-making power in respect to corporal punishment.  

CHAPTER XIV 

PARDONS REMISSIONS AND SUSPENSIONS 

177. Pardon and remission. 

178. Cancellation of conditional pardon, release on parole or remission. 

179. Reduction of warrant officer or non-commissioned officer.  

180. Suspension of sentence of transportation, imprisonment or detention.  

181. Orders pending suspension. 

182. Release on suspension. 

183. Computation of period of suspension. 

184. Order after suspension. 

185. Reconsideration of case after suspension. 

186. Fresh sentence after suspension. 

187. Scope of power of suspension. 

188. Effect of suspension and remission on dismissal.  

CHAPTER XV 

RULES 

189. Power to make rules. 

190. Power to make regulations. 

191. Publication of rules and regulations in Gazette. 

191A. Laying of rules and regulations before Parliament. 

192. [Repealed.]  

CHAPTER XVI 

TRANSITORY PROVISIONS 

193. Definition of British officer. 

194. Powers of British officer. 

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THE AIR FORCE ACT, 1950 

ACT NO. 45 OF 19501 

[18th May, 1950.] 

An Act to consolidate and amend the law relating to the government of the Air Force. 

BE it enacted by Parliament as follows:— 

CHAPTER I 

PRELIMINARY 

1. Short title and commencement.—(1) This Act may be called the Air Force Act, 1950. 

(2)  It  shall  come  into  force  on  such  date2 as  the  Central  Government  may  by  notification  in  the 

Official Gazette, appoint in this behalf. 

2.  Persons  subject  to  this  Act.—The following persons shall be subject to this Act wherever they 

may be, namely:— 

(a) officers and warrant officers of the Air Force; 

(b) persons enrolled under this Act; 

3[(c)  persons  belonging  to  the  Regular  Air  Force  Reserve  or  the  Air  Defence  Reserve  or  the 
Auxiliary  Air  Force, in  the  circumstances  specified in  section  26  of  the  Reserve  and  Auxiliary  Air 
Forces Act, 1952 (62 of 1952);] 

(d) persons not otherwise subject to air force law, who, on active service, in camp, on the march, 
or  at  any  frontier  post  specified  by  the  Central  Government  by  notification  in  this  behalf,  are 
employed by, or are in the service of, or are followers of, or accompany any portion of the Air Force. 

3. Termination of application of the Act.—Every person subject to this Act under clauses (a) to (c) 
of  section  2  shall  remain  so  subject  until  duly  retired,  discharged,  released,  removed,  dismissed  or 
cashiered from the service. 

4. Definitions.—In this Act, unless the context otherwise requires.— 

(i) “active service”, as applied to a person subject to this Act, means the time during which such 

person— 

(a) is attached to, or forms part of a force which is engaged in operations against an enemy, 

or 

(b)  is  engaged  in  air  force  operations  in,  or  is  on  the  line  of  march  to,  a  country  or  place 

wholly or partly occupied by an enemy, or 

(c)  is  attached  to,  or  forms  part  of,  a  force  which  is  in  military  occupation  of  any  foreign 

country; 

1. The Act has been extdended to Goa, Daman and Diu by Regulation 12 of and Schedule (w.e.f. 31-1-1963), Dadra and Nagar 
Haveli by   Regulation 6 of 1963, s. 2 and the First Schedule Pondicherry by Regulation 7 of 1963, s. 3 and First Schedule. 

2. 22nd July, 1950, vide Notification No. S.R.O. 124, dated 22nd July, see Gazette of India, 1950, Part II, sec. 4. 
3. Subs. by Act 62 of 1952, s. 35, for clause (c) (w.e.f. 15-8-1955). 

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(ii) “aircraft” includes aeroplanes, balloons, lite balloons, airships, gliders or other machines for 

flying; 

(iii) “aircraft material” includes any engines, fittings, guns, gear, instruments or apparatus for use 
in connection with aircraft, and any of its components and accessories and petrol oil, and any other 
substance used for providing motive power for planes; 

(iv)  “Air  Force”  means  officers  and  airmen  who  by  their  commission,  warrant,  terms  of 
enrolment or otherwise, are liable to render continuously for a term air force service to the Union in 
every part of the world or any specified part of the world, including persons belonging to1[any Air 
Force Reserve or the Auxiliary Air Force], when called out on permanent service; 

(v) “Air force custody” means the arrest or confinement of a person according to the usages of the 

service and includes military or naval custody; 

(vi)  “Air  Force  law”  means  the  law  enacted  by  this  Act  and  the  rules  made  thereunder  and 

includes the usages of the service; 

(vii) “Air Force reward” includes any gratuity or annuity for long service or good conduct, badge 

pay or pension, and any other Air Force pecuniary reward; 

(viii) “airman” means any person subject to this Act other than an officer; 

(ix) “air officer” means any officer of the Air Force above the rank of group captain; 

(x)  “air  signal”  means  any  signal  intended  for  the  guidance  of  aircraft,  whether  given  by  flag, 

ground signal, light, wind indicator or in any manner whatsoever; 

(xi) “Chief Legal Adviser” means a person appointed as such by2 [the Chief of the Air staff] to 
give advice on matters relating to air force law and to perform such other duties of a legal character as 
may arise in connection therewith; 

(xii) “civil offence” means an offence which is triable by a criminal court; 

(xiii) “civil prison” means any jail or place used for the detention of any criminal prisoner under 

the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force; 

3[(xiv) “Chief of the Air Staff” means the officer commanding the Air Force;] 

(xv) “commanding officer” used in relation to a person subject to this Act, means the officer for 

the time being in command of the unit or detachment to which such person belongs or is attached; 

(xvi) “court-martial” means a court-martial held under this Act; 

(xvii) “criminal court” means a court of ordinary criminal justice in any part of India,4***; 

(xviii) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person 

in arms against whom it is the duty of any person subject to air force law to act; 

(xix) “the Forces” means the regular Army, Navy and Air Force or any part of any one or more of 

them; 

1. Subs by Act 62 of 1952, s. 35, for “the Indian Air Force Volunteer Reserve” (w.e.f. 15-8-1955). 
2. Subs by Act 19 of 1955, s. 2 and the Schedule, for “Commander-in-Chief” (w.e.f. 15-8-1955). 
3. Subs by s. 2 and the Schedule, ibid., for clause (xiv) (w.e.f. 15-8-1955). 
4. The words “other than the State of Jammu and Kashmir” omitted by Act 13 of 1975, s. 2 (w.e.f. 25-1-1975). 

10 

 
                                                           
 
 
(xx) “non-commissioned officer” means a person holding a non-commissioned rank or an acting 
non-commissioned rank in the Air Force, and includes any person holding a non-commissioned rank 
or  an  acting  non-commissioned  rank  in 1[any  Air  Force  Reserve  or  the  Auxiliary  Air  Force]  when 
subject to this Act; 

(xxi) “notification” means a notification published in the Official Gazette; 

(xxii)  “offence”  means  any  act  or  omission  punishable  under  this  Act,  and  includes  a  civil 

offence, as hereinbefore defined; 

(xxiii) “officer” means a person commissioned, gazetted or in pay as an officer in the Air Force, 

and includes— 

(a) an officer of1[any Air Force Reserve or the Auxiliary Air Force] who is for the time being 

subject to this Act; 

(b) in relation to a person subject to this Act when serving under such conditions as may be 

prescribed, an officer of the regular Army or the Navy, 

but does  not include  a junior  commissioned  officer, warrant  officer,  petty  officer  or non-commissioned 
officer; 

(xxiv) “prescribed” means prescribed by rules made under this Act; 

(xxv) “provost-marshal” means a person appointed as such under section 108 and includes any of 

his deputies or assistants or any other person legally exercising authority under him or on his behalf; 

(xxvi) “regulation” includes a regulation made under this Act; 

(xxvii) “superior officer”, when used in relation to a person subject to this Act, includes a warrant 
officer and a non-commissioned officer, and as regards persons serving under such conditions as may be 
prescribed, an officer, junior commissioned officer, warrant officer, petty officer and non-commissioned 
officer of the regular Army or the Navy; 

(xxviii) “unit” includes— 

(a) anybody of officers and airmen for which a separate authorised establishment exists; 

(b) any separate body of persons subject to this Act employed on any service and not attached 

to a unit as aforesaid; 

(c) any other separate body of persons composed wholly or partly of persons subject to this 

Act, and specified as a unit by the Central Government; 

(xxix) “warrant officer” means a person appointed, gazetted or in pay as a warrant officer of the 
Air  Force  and  includes  an  acting  warrant  officer,  a  master  warrant  officer,  and  a  warrant  officer 
of1[any Air Force Reserve or the Auxiliary Air Force] who is for the time being subject to this Act; 

(xxx) 2[all words (except the word “India”)] and expressions used herein and defined in the Indian 
Penal  Code  (45  of  1860)  and  not  hereinbefore  defined  shall  be  deemed  to  have  the  meanings 
respectively assigned to them by that Code. 

1. Subs. by Act 62 of 1952, s. 35, for “Indian Air Force Volunteer Reserve” (w.e.f. 15-8-1955). 
2. Subs by Act 13 of 1975, s. 2, for “all words” (w.e.f. 25-1-1975). 

11 

 
 
                                                           
 
CHAPTER II 

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES 

5.  Application  of  Act  to  certain  forces  under  the  Central  Government.—(1)  The  Central 
Government may, by notification, apply with or without modifications, all or any of the provisions of this 
Act to any force raised and maintained in India and suspend the operation of any other enactment for the 
time being applicable to the said force. 

(2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said 
force as they have effect in respect of persons subject to this Act holding in the Air Force the same or 
equivalent rank as the aforesaid persons hold for the time being in the said force. 

(3)  The  provisions  of  this  Act  so  applied  shall  also  have  effect  in  respect  of  persons  who  are 
employed by, or are in the service of, or are followers of, or accompany any portion of the said force as 
they have effect in respect of persons subject to this Act under clause (d) of section 2. 

(4) While any of the provisions of this Act apply to the said force, the Central Government may, by 
notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these 
provisions shall be exercised or performed in respect of the said force. 

6. Special provision as to rank in certain cases.—(1) The Central Government may, by notification, 
direct  that  any  person  or  class  of  persons  subject  to  this  Act  under  clause  (d)  of  section  2,  shall  be  so 
subject as officers, warrant officers or non-commissioned officers, and may authorise any officer to give a 
like direction and to cancel such direction. 

(2) All persons subject to this Act other than officers, warrant officers and non-commissioned officers 
shall,  if  they  are  not  persons  in  respect  of  whom  a  notification  or  direction  under  sub-section  (1)  is  in 
force, be deemed to be of rank inferior to that of a non-commissioned officer. 

7.  Commanding  officer  of  person  subject  to  air  force  law  under  clause  (d)  of  section  2.—(1) 
Every  person  subject  to  this  Act,  under  clause  (d)  of  section  2,  shall,  for  the  purposes  of  this  Act,  be 
deemed to be under the commanding officer of the unit, or detachment, if any, to which he is attached, 
and if he is not so attached under the command of any officer who may for the time being be named as his 
commanding officer by the officer commanding the force with which such person may for the time being 
be  serving,  or  of  any  other  prescribed  officer,  or,  if  no  such  officer  is  named  or  prescribed,  under  the 
command of the said officer commanding the force. 

(2)  An  officer  commanding  a  force shall  not  place  a  person  subject to  this  Act  under clause (d)  of 
section 2 under the command of an officer of official rank inferior to that of such person if there is present 
at the place where such person is any officer of higher rank under whose command he can be placed. 

8. Officer exercising powers in certain cases.—(1) Whenever persons subject to this Act are serving 
under an officer commanding any air force formation not in this section specifically named, and being, in 
the opinion of the Central Government, not less than a squadron, the said Government may prescribe the 
officer  by  whom  the  powers  which,  under  this  Act,  may  be  exercised  by  air  officers  in  charge  of 
commands,  and  officers  commanding  groups,  wings  and  squadrons  shall,  as  regards  such  persons,  be 
exercised. 

(2) The Central Government may confer such powers either absolutely, or subject to such restrictions, 

reservations, exceptions and conditions as it may think fit. 

12 

 
9.  Power  to  declare  persons  to  be  on  active  service.—Notwithstanding  anything  contained  in     

clause (i) of section 4, the Central Government may, by notification, declare that any person or class of 
persons  subject  to  this  Act  shall,  with  reference  to  any  area  in  which  they  may  be  serving  or  with 
reference to any provision of this Act or of any other law for the time being in force, be deemed to be on 
active service within the meaning of this Act. 

CHAPTER III 

COMMISSION, APPOINTMENT AND ENROLMENT 

10.  Commission  and  appointment.—The  President  may  grant,  to  such  person  as  he  thinks  fit  a 

commission as an officer or appoint any person as a warrant officer of the Air Force. 

11. Ineligibility of aliens for enrolment.—No person who is not a citizen of India shall, except with 

the consent of the Central Government signified in writing, be enrolled in the Air Force: 

Provided that nothing contained in this section shall bar the enrolment of the subjects of Nepal in the 

Air Force. 

12.  Ineligibility  of  females  for  enrolment  or  employment.—No  female  shall  be  eligible  for 
enrolment  or  employment  in  the  Air  Force,  except  in  such  corps,  department,  branch  or  other  body 
forming  part  of,  or  attached  to  any  portion  of,  the  Air  Force  as  the  Central  Government  may,  by 
notification, specify in this behalf: 

Provided  that  nothing  contained  in  this  section  shall  affect  the  provisions  of  any  law  for  the  time 
being in force providing for the raising and maintenance of any service auxiliary to the Air Force or any 
branch thereof in which females are eligible for enrolment or employment. 

13.  Procedure  before  enrolling  officer.—Upon  the  appearance  before  the  prescribed  enrolling 
officer  of  any  person  desirous  of being  enrolled,  the enrolling  officer  shall  read  and  explain to  him,  or 
cause to be read and explained to him, in his presence, the conditions of the service for which he is to be 
enrolled; and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after 
having cautioned him that if he makes a false answer to any such question he will be liable to punishment 
under this Act, record or cause to be recorded his answer to each such question. 

14. Mode of enrolment.—If, after complying with the provisions of section 13, the enrolling officer 
is  satisfied  that  the  person  desirous  of  being  enrolled  fully  understands  the  questions  put  to  him  and 
consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall 
also  cause  such  person  to  sign  the  enrolment  paper,  and  such  person  shall  thereupon  be  deemed  to  be 
enrolled. 

15. Validity of enrolment.—Every person who has for the space of three months been in receipt of 
pay as a person enrolled under this Act and been borne on the rolls of any unit shall be deemed to have 
been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or 
illegality in his enrolment or on any other ground whatsoever; and if any person, in receipt of such pay 
and  borne  on  the  rolls  as  aforesaid,  claims  his  discharge  before  the  expiry  of  three  months  from  his 
enrolment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of 
his claim,  affect  his position  as  an  enrolled  person  under this  Act or invalidate  any  proceedings,  act or 
thing taken or done prior to his discharge. 

16. Persons to be attested.—The following persons shall be attested, namely:— 

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(a) all persons enrolled as combatants; 

(b) all persons selected to hold a non-commissioned or acting non-commissioned rank; and 

(c) all other persons subject to this Act as may be prescribed by the Central Government. 

 17.  Mode  of  attestation.—(1) When a person who is to be attested is reported fit for duty, or has 
completed the prescribed period of probation, an oath or affirmation shall be administered to him in the 
prescribed form by his commanding officer in front of his unit or such portion thereof as may be present, 
or by any other prescribed persons. 

(2)  The  form  of  oath  or  affirmation  prescribed  under  this  section  shall  contain  a  promise  that  the 
person to be attested will bear true allegiance to the Constitution of India as by law established, and that 
he will serve in the Air Force and go wherever he is ordered by land, sea or air, and that he will obey all 
commands of any officer set over him, even to the peril of his life. 

(3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be 
taken  shall  be  entered  on  his  enrolment  paper  and  authenticated  by  the  signature  of  the  officer 
administering the oath or affirmation. 

CHAPTER IV 

CONDITIONS OF SERVICE 

18. Tenure of service under the Act.—Every person subject to this Act shall hold office during the 

pleasure of the President. 

19. Termination of service by Central Government.—Subject to the provisions of this Act and the 
rules and regulations made thereunder, the Central Government may dismiss, or remove from the service 
any person subject to this Act. 

20. Dismissal, removal or reduction by Chief of the Air Staff and other officers.—(1) 1[The Chief 
of  the  Air  Staff]  may  dismiss  or  remove  from  the  service  any  person  subject  to  this  Act  other  than  an 
officer. 

(2) 1[The Chief of the Air Staff] may reduce to a lower grade or rank or the ranks, any warrant officer 

or any non-commissioned officer. 

(3)  An  officer  having  power  not  less  than  an  air  officer  in  charge  of  a  command  or  equivalent 
commander or any prescribed officer may dismiss or remove from the service any person serving under 
his command other than an officer or a warrant officer. 

(4) On active service, an officer commanding the air forces in the field may reduce to a lower rank or 

to the ranks any warrant officer or non-commissioned officer under his command. 

(5) 1[The Chief of the Air Staff] or an officer specified in sub-section (3) may reduce to a lower class 

in the ranks any airman other than a warrant officer or non-commissioned officer. 

(6) The  commanding  officer  of  an  acting  non-commissioned  officer  may  order him  to  revert to  his 

substantive rank as a non-commissioned officer, or if he had no such substantive rank, to the ranks. 

1. Subs. by Act 19 of 1955, s. 2 and the  Schedule, for  “the Commander-in-Chief”(w.e.f. 7-5-1955) 

14 

 
                                                           
(7) The exercise of any powers under this section shall be subject to the other provisions contained in 

this Act and the rules and regulations made thereunder. 

21. Power to modify certain fundamental  rights in their application to persons  subject to this 
Act.—Subject to the provisions of any law for the time being in force relating to the Air Force or to any 
branch thereof, the Central Government may, by notification, make rules a restricting in such manner and 
to such extent as may be specified the right of any person subject to this Act— 

(a) to be a member of, or to be associated in any way with, any trade union or labour union, or 
any class of trade or labour unions or any society, institution or association, or any class of societies, 
institutions or associations; 

(b) to attend or address any meeting or to take part in any demonstration organised by any body 

of persons for any political or other purposes; 

(c) to communicate with the press or to publish or cause to be published any book, letter or other 

document. 

22.  Retirement,  release  or  discharge.—Any person subject to this Act may be retired, released or 

discharged from the service by such authority and in such manner as may be prescribed. 

23.  Certificate  on  termination  of  service.—Every  warrant  officer,  or  enrolled  person  who  is 
dismissed,  removed,  discharged,  retired  or  released  from  the  service  shall  be  furnished  by  his 
commanding officer with a certificate, in the language which is the mother tongue of such person and also 
in the English language setting forth— 

(a) the authority terminating his service; 

(b) the cause for such termination; and 

(c) the full period of his service in the Air Force. 

24.  Discharge  or  dismissal  when  out  of  India.—(1)  Any  person  enrolled  under  this  Act  who  is 
entitled  under  the  conditions  of  his  enrolment  to  be  discharged,  or  whose  discharge  is  ordered  by 
competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of India, 
and requests to be sent to India, shall, before being discharged, be sent to India with all convenient speed. 

(2)  Any  person  enrolled  under this  Act  who is  dismissed from  the  service  and who,  when  he  is  so 

dismissed, is serving out of India, shall be sent to India with all convenient speed. 

(3) Where any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with 
any other punishment, such other punishment or, in the case of a sentence of transportation, imprisonment 
or detention, a portion of such sentence may be inflicted before he is sent to India. 

(4)  for  the  purposes  of  this  section,  the  word,  “discharge”  shall  include  release,  and  the  word 

“dismissal” shall include removal. 

CHAPTER V 

SERVICE PRIVILEGES 

25. Authorised deductions only to be made from pay.—The pay of every person subject to this Act 
due to him as such under any regulation, for the time being in force, shall be paid without any deduction 
other than the deductions authorised by or under this or any other Act. 

15 

 
26. Remedy of aggrieved airmen.—(1) Any airman who deems himself wronged by any superior or 
other officer may, if not attached to a unit or detachment, complain to the officer under whose command 
or orders he is serving; and may, if attached to a unit or detachment, complain to the officer commanding 
the same. 

(2)  When  the  officer  complained  against  is  the  officer  to  whom  any  complaint  should,  under  sub-
section (1), be preferred, the aggrieved airman may complain to such officer's next superior officer, and if 
he thinks himself wronged by such superior officer, he may complain to 1[the Chief of the Air Staff.] 

(3) Every officer receiving any such complaint shall make as complete an investigation into it as may 
be possible for giving full redress to the complainant; or, when necessary, refer the complaint to superior 
authority. 

(4) Every such complaint shall be preferred in such manner as may from time to time be specified by 

the proper authority. 

(5)  The  Central  Government  may  revise  any  decision  by  a 1[the  Chief  of  the  Air  staff]  under           

sub section (2), but subject thereto, the decision of 1[the Chief of the Air Staff] shall be final. 

27.  Remedy  of  aggrieved  officers.—Any officer who deems himself wronged by his commanding 
officer  or  any  superior  officer  and  who  on  due  application  made  to  his  commanding  officer  does  not 
receive the redress to which he considers himself entitled, may complain to the Central Government in 
such manner as may from time to time be specified by the proper authority. 

28.  Immunity  from  attachment.—The  arms,  clothes,  equipment,  accoutrements  or  necessaries  of 
any person subject to this Act shall not be seized, and the pay and allowances of any such person or any 
part  thereof  shall  not  be  attached,  by  direction  of  any  civil  or  revenue  court  or  any  revenue  officer,  in 
satisfaction of any decree or order enforceable against him. 

29. Immunity from arrest for debt.—(1) No person subject to this Act shall, so long as he belongs 
to the Forces be liable to be arrested for debt under any process issued by, or by the authority of, any civil 
or revenue court or revenue officer. 

(2) The judge of any such court or the said officer may examine into any complaint made by such 
person or his superior officer of the arrest of such person contrary to the provisions of this section, and 
may,  by  warrant  under  his  hand,  discharge  the  person,  and  award  reasonable  costs  to  the  complainant, 
who may recover those costs in like manner as he might have recovered costs awarded to him by a decree 
against the person obtaining the process. 

(3) For the recovery of such costs no court-fee shall be payable by the complainant. 

30.  Immunity  of  persons  attending  courts-martial  from  arrest.—(1)  No  presiding  officer  or 
member of a court-martial, no judge advocate, no party to any proceeding before a court-martial, or his 
legal  practitioner  or  agent,  and  no  witness  acting  in  obedience  to  a  summons  to  attend  a  court-martial 
shall, while proceeding to, attending, or returning from, a court-martial, be liable to arrest under civil or  
revenue process. 

1. Subs. by act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955). 

16 

 
                                                           
 
(2)  If  any  such  person  is  arrested  under  any  such  process,  he  may  be  discharged  by  order  of  the   

court-martial. 

31.  Privileges  of  reservists.—Every  person  belonging  to 1[any  Air  Force  Reserve  or  the  Auxiliary 
Air Force] shall, when called out for, or engaged in, or returning from, training or service, be entitled to 
all the privileges accorded by sections 28 and 29 to a person subject to this Act. 

32.  Priority in respect of Air Force personnel's litigation.—(1) On the presentation to any court 
by or on behalf of any person subject to this Act of a certificate, from the proper air force authority, of 
leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending 
any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so 
far  as  may  be  possible,  for  the  hearing  and  final  disposal  of  such  suit  or  other  proceeding  within  the 
period of the leave so granted or applied for. 

(2) The certificate from the proper air force authority shall state the first and last day of the leave or 
intended  leave,  and  set  forth  a  description  of  the  case  with  respect  to  which  the  leave  was  granted  or 
applied for. 

(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any 

application by or on behalf of any such person, for priority for the hearing of his case. 

(4)  Where  the  court  is  unable  to  arrange  for  the  hearing  and  final  disposal  of  the  suit  or  other 
proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its 
inability to do so, and shall cause a copy thereof to be furnished to such person on his application without 
any payment whatever by him in respect either of the application for such copy or of the copy itself. 

(5)  If  in  any  case  a  question  arises  as  to  the  proper  air  force  authority  qualified  to  grant  such 
certificate as aforesaid. Such question shall be at once referred by the court to an officer having power not 
less than a group commander or equivalent commander whose decision shall be final. 

33.  Saving  of  rights  and  privileges  under  other  laws.—The rights and privileges specified in the 
preceding sections of this Chapter shall be in addition to any others conferred on persons subject to this 
Act  or  on  members  of  the  regular  Army,  Navy  and  Air  Force  generally  by  any  other  law  for  the  time 
being in force. 

CHAPTER VI 

OFFENCES 

34. Offences in relation to the enemy and punishable with death.—Any person subject to this Act 

who commits any of the following offences, that is to say,— 

(a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to 
his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding 
officer or other person to commit the said act; or 

1. Subs. by the Act 62 of 1952, s. 35, for “the Air Force Reserve” (w.e.f. 15-8-1955). 

17 

 
                                                           
 
(b) intentionally uses any means to compel or induce any person subject to military, naval or air 
force law to abstain from acting against the enemy, or to discourage such person from acting against 
the enemy; or 

(c)  in  the  presence  of  the  enemy,  shamefully  casts  away  his  arms,  ammunition,  tools  or 

equipment or misbehaves in such manner as to show cowardice; or 

(d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any 

person in arms against the Union; or 

(e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies; or 

(f) treacherously or through cowardice sends a flag of truce to the enemy; or 

(g)  in  time  of  war  or  during  any  air  force  operation,  intentionally  occasions  a  false  alarm  in 

action, camp or quarters or spreads reports calculated to create alarm or despondency; or 

(h)  in  time  of  action  leaves  his  commanding  officer  or  his  post,  guard,  piquet,  patrol  or  party 

without being regularly relieved or without leave; or 

(i) having been made a prisoner of war, voluntarily serves with or aids the enemy; or 

(j) knowingly harbours or protects an enemy not being a prisoner; or 

(k) being a sentry in time of war or alarm, sleeps upon his post or is intoxicated; or 

(l) knowingly does any act calculated to imperil the success of the military, naval or air forces of 

India or any forces co-operating therewith or any part of such forces; or 

(m)  treacherously  or  shamefully  causes  the  capture  or  destruction  by  the  enemy  of  any  aircraft 

belonging to the forces; or 

(n) treacherously uses any false air signal or alters or interferes with any air signal; or 

(o)  when  ordered  by  his  superior  officer  or  otherwise  under  orders  to  carry  out  any  air  force 
operations,  treacherously  or  shamefully  fails  to  use  his  utmost  exertions  to  carry  such  orders  into 
effect, 

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act 
mentioned. 

35. Offences in relation to the enemy and not punishable with death.—Any person subject to this 

Act who commits any of the following offences, that is to say,— 

(a)  is  taken  prisoner,  by  want  of  due  precaution,  or  through  disobedience  of  orders,  or  wilful 

neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so; or 

(b) without due authority holds correspondence with or communicates intelligence to the enemy; 
or  having  come  by  the  knowledge  of  any  such  correspondence  or  communication  wilfully  omits  to 
discover it immediately to his commanding or other superior officer; or 

(c) without due authority sends a flag of truce to the enemy; or 

(d)  negligently  causes  the  capture  or  destruction  by  the  enemy  of  any  aircraft  belonging  to  the 

Government; or 

18 

 
(e)  when  ordered  by  his  superior  officer,  or  otherwise  under  orders  to  carry  out  any  warlike 
operations  in  the  air,  negligently  or  through  other  default  fails  to  use  his  utmost  exertions  to  carry 
such orders into effect; 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
fourteen years or such less punishment as is in this Act mentioned. 

36. Offences punishable more severely on active service than at other times.—Any person subject 

to this Act who commits any of the following offences, that is to say,— 

(a) forces a safeguard, or forces or uses criminal force to a sentry; or 

(b) breaks into any house or other place in search of plunder; or 

(c) being a sentry sleeps upon his post, or is intoxicated; or 

(d) without orders from his superior officer leaves his guard, piquet, patrol or post; or 

(e) intentionally or through neglect occasions a false alarm in camp or quarters; or spreads reports 

calculated to create unnecessary alarm or despondency; or 

(f) makes known the parole, watchword or countersign to any person not entitled to receive it; or 

knowingly gives a parole, watchword or countersign different from what he received; or 

(g) without due authority alters or interferes with any air signal; 

shall, on conviction by court-martial, 

if  he  commits  any  such  offence  when  on  active  service,  be  liable  to  suffer  imprisonment  for  a 

term which may extend to fourteen years or such less punishment as is in this Act mentioned; and 

if he commits any such offence when not on active service, be liable to suffer imprisonment for a 

term which may extend to seven years or such less punishment as is in this Act mentioned. 

37. Mutiny.—Any person subject to this Act who commits any of the following offences, that is to 

say,— 

(a) begins, incites, causes, or conspires, with any other persons to cause, any mutiny in the military, 

naval or air forces of India or any forces co-operating therewith; or 

(b) joins in any such mutiny; or 

(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or 

(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention  to 
commit  such  mutiny  or  any  such  conspiracy,  does  not,  without  delay,  give  information  thereof  to  his 
commanding or other superior officer; or 

(e)  endeavours  to  seduce  any  person  in  the  military,  naval  or  air  forces  of  India  from  his  duty  or 

allegiance to the Union, 

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act 
mentioned. 

38. Desertion and aiding desertion.—(1) Any person subject to this Act who deserts or attempts to 

desert the service shall on conviction by court-martial, 

19 

 
if he commits the offence on active service or when under orders for active service, be liable to 

suffer death or such less punishment as is in this Act mentioned; and 

if he commits the offence under any other circumstances, be liable to suffer imprisonment for a 

term which may extend to seven years or such less punishment as is in this Act mentioned. 

(2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by 
court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less 
punishment as is in this Act mentioned. 

(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a 
person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take 
any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be 
liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in 
this Act mentioned. 

39.  Absence  without  leave.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) absents himself without leave; or 

(b) without sufficient cause overstays leave granted to him; or 

(c) being on leave of absence and having received information from proper authority that any unit 
or detachment to which he belongs, has been ordered on active service, fails, without sufficient cause, 
to re-join without delay; or 

(d) without sufficient cause fails to appear at the time fixed, at the parade or place appointed for 

exercise or duty; or 

(e) when on parade, or on the line of march, without sufficient cause or without leave from his 

superior officer, quits the parade or line of march; or 

(f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by 

any general, local or other order, without a pass or written leave from his superior officer; or 

(g) without leave from his superior officer or without due cause, absents himself from any school 

when duly ordered to attend there, 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
three years or such less punishment as is in this Act mentioned. 

40. Striking or threatening superior officer.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a) uses criminal force to, or assaults his superior officer; or 

(b) uses threatening language to such officer; or 

(c) uses insubordinate language to such officer, 

shall, or, conviction by court-martial, 

20 

 
if such officer is at the time in the execution of his office or, if the offence is committed on active 
service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less 
punishment as is in this Act mentioned; and 

in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such 

less punishment as is in this Act mentioned: 

Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five 

years. 

41.  Disobedience  to  superior  officer.—(1)  Any  person  subject  to  this  Act  who  disobeys  in  such 
manner as to show a wilful defiance of authority any lawful command given personally by his superior 
officer  in  the  execution  of  his  office  whether  the  same  is  given  orally  or  in  writing  or  by  signal  or 
otherwise  shall,  on conviction  by  court-martial,  be  liable to  suffer imprisonment  for a  term  which  may 
extend to fourteen years or such less punishment as is in this Act mentioned. 

(2) Any person subject to this Act who disobeys any lawful command given by his superior officer 

shall, on conviction by court-martial, 

if he commits such offence when on active service, be liable to suffer imprisonment for a term 

which may extend to five years or such less punishment as is in this Act mentioned; and 

if  he  commits  such  offence  when  not  on  active  service,  be  liable  to  suffer  imprisonment  for  a 

term which may extend to fourteen years or such less punishment as is in this Act mentioned. 

42.  Insubordination  and  obstruction.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a)  being  concerned  in  any  quarrel,  affray  or  disorder,  refuses  to  obey  any  officer,  though  of 

inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or 

(b)  uses  criminal  force  to,  or  assaults  any  person,  whether  subject  to  this  Act  or  not,  in  whose 

custody he is lawfully placed, and whether he is or is not this superior officer; or 

(c) resists an escort whose duty it is to apprehend him or to have him in charge; or 

(d) breaks out of barracks, camp or quarters; or 

(e) neglects to obey any general, local or other order; or 

(f) impedes the provost-marshal or any person lawfully acting on his behalf or, when called upon, 
refuses to assist in the execution of his duty a provost-marshal or any person lawfully acting on his 
behalf; or 

(g) uses criminal force to or assaults any person bringing provisions or supplies to the Forces, 

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the 
case of the offences specified in clauses(d) and (e) to two years, and in the case of the offences specified 
in the other clauses to ten years or such less punishment as is in this Act mentioned. 

43.  Fraudulent  enrolment.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a)  without  having  obtained  a  regular  discharge  from  the  Air  Force  or  otherwise  fulfilled  the 
conditions enabling him to enroll or enter, enrolls himself in, or enters the said force or any part of the 
military or the naval forces of India; or 

21 

 
(b) is concerned in the enrolment in any part of the Forces, of any person when he knows or has 
reason to believe such person to be so circumstanced that by enrolling he commits an offence against 
this Act, 

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five 
years or such less punishment as is in this Act mentioned. 

44. False answers on enrolment.—Any person having become subject to this Act who is discovered 
to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed 
form  of  enrolment  which  has  been  put to  him  by  the  enrolling  officer  before whom  he  appears for the 
purpose  of  being  enrolled,  shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a 
term which may extend to five years or such less punishment as is in this Act mentioned. 

45. Unbecoming conduct.—Any officer or warrant officer who behaves in a manner unbecoming his 
position  and  the  character expected  of  him  shall,  on conviction  by  court-martial,  if  he  is  an  officer,  be 
liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and if he is a warrant 
officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned. 

46. Certain forms of disgraceful conduct.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or 

(b)  malingers,  or  feigns,  or  produces  disease  or infirmity  in  himself,  or  intentionally  delays  his 

cure or aggravates his disease or infirmity; or 

(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to 

himself or that person, 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
seven years or such less punishment as is in this Act mentioned. 

47. Ill-treating a subordinate.—Any officer, warrant officer or non-commissioned officer, who uses 
criminal force to  or  otherwise  ill-treats  any  person  subject  to  this  Act,  being  his  subordinate  in  rank  or 
position,  shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may 
extend to seven years or such less punishment as is in this Act mentioned. 

48. Intoxication.—(1) Any person subject to this Act who is found in a state of intoxication, whether 
on  duty  or  not,  shall,  on  conviction  by  court-martial,  if  he is  an  officer,  be  liable  to be  cashiered  or to 
suffer such less punishment as is in this Act mentioned; and if he is not an officer, be liable, subject to the 
provisions of sub-section (2), to suffer imprisonment for a term which may extend to two years or such 
less punishment as is in this Act mentioned. 

(2) Where an offence of being intoxicated is committed by a person other than an officer when not on 

active service or not on duty, the period of imprisonment awarded shall not exceed six months. 

49. Permitting escape of person in custody.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a)  when  in  command  of  a  guard,  piquet,  patrol  or  post,  releases  without  proper  authority, 
whether  wilfully  or  without  reasonable  excuse,  any  person  committed  to  his  charge  or  refuses  to 
receive any prisoner or person so committed ; or 

22 

 
(b) wilfully or without reasonable excuse allows to escape any person who is committed to his 

charge or whom it is his duty to keep on guard; 

shall,  on  conviction  by  court-martial,  be  liable,  if  he  has  acted,  willfully,  to  suffer  imprisonment  for  a 
term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he 
has  not  acted  willfully,  to  suffer  imprisonment  for  a  term  which  may  extend  to  two  years  or  such  less 
punishment as is in this Act mentioned. 

50.  Irregularity  in  connection with  arrest  or  confinement.—Any person subject to this Act who 

commits any of the following offences, that is to say,— 

(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails 

to bring his case before the proper authority for investigation; or 

(b) having committed a person to air force custody fails without reasonable cause to deliver at the 
time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, 
to  the  officer  or  other  person  into  whose  custody  the  person  arrested  is  committed,  an  account  in 
writing signed by himself of the offence with which the person so committed is charged; 

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two 
years or such less punishment as is in this Act mentioned. 

51. Escape from custody.—Any person subject to this Act who, being in lawful custody, escapes or 
attempts  to  escape,  shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term 
which may extend to five years or such less punishment as is in this Act mentioned. 

52.  Offences  to  respect  of  property.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a) commits theft of any property belonging to the Government, or to any military, naval or air 

force mess, band or institution, or to any person subject to military, naval or air force law; or 

(b) dishonestly misappropriates or converts to his own use any such property; or 

(c) commits criminal breach of trust in respect of any such property; or 

(d) dishonestly receives or retains any such property in respect of which any of the offences under 
clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of 
such offence; or 

(e) wilfully destroys or injures any property of the Government entrusted to him; or 

(f)  does  any  other  thing  with  intent  to  defraud,  or  to  cause  wrongful  gain  to  one  person  or 

wrongful loss to another person; 

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten 
years or such less punishment as is in this Act mentioned. 

53. Extortion and corruption.—Any person subject to this Act who commits any of the following 

offences, that is to say,— 

(a) commits extortion; or 

(b) without proper authority extracts from any person money, provisions or services; 

23 

 
shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten 
years or such less punishment as is in this Act mentioned. 

54.  Making  away  with  equipment.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, 
instruments, tools, clothing or any other thing being the property of the Government issued to him for 
his use or entrusted to him; or 

(b) loses by neglect anything mentioned in clause (a); or 

(c) sells, pawns, destroys or defaces any medal or decoration granted to him; 

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the 
case of the offences specified in clause (a) to ten years, and in the case of the offences specified in the 
other clauses to five years, or such less punishment as is in this Act mentioned. 

55. Injury to property.—Any person subject to this Act who commits any of the following offences, 

that is to say,— 

(a)  destroys  or  injures  any  property  mentioned  in  clause  (a)  of  section  54,  or  any  property 
belonging  to  any  military,  naval  or  air  force  mess,  band  or  institution,  or  to  any  person  subject  to 
military, naval or air force law, or serving with, or attached to the Air Force, or; 

(b) commits any act which causes damage to, or destruction of, any property of the Government 

by fire; or 

(c) kills, injures, makes away with, ill-treats or loses any animal entrusted to him; 

shall, on conviction by court-martial, be liable, if he has acted willfully, to suffer imprisonment for a term 
which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he has 
acted without reasonable excuse to suffer imprisonment for a term which may extend to seven years or 
such less punishment as is in this Act mentioned. 

56. False accusation.—Any person subject to this Act who commits any of the following offences, 

that is to say,— 

(a) makes a false accusation against any person subject to this Act, knowing or having reason to 

believe such accusation to be false; or 

(b)  in  making  a  complaint  under  section  26  or  section  27  makes  any  statement  affecting  the 
character of any person subject to this Act, knowing or having reason to believe such statement to be 
false, or knowingly and wilfully suppresses any material facts; 

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five 
years or such less punishment as is in this Act mentioned. 

57.  Falsifying  official  documents  and  false  declaration.—Any  person  subject  to  this  Act  who 

commits any of the following offences, that is to say,— 

(a) in any report, return, list, certificate, book or other document made or signed by him, or of the 
contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making 
of, any false or fraudulent statement; or 

24 

 
(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to 

the making of, any omission, with intent to defraud; or 

(c)  knowingly  and  with  intent  to  injure  any  person,  or  knowingly  and  with  intent  to  defraud, 
suppresses,  defaces,  alters  or  makes  away  with  any  document  which  it  is  his  duty  to  preserve  or 
produce; or 

(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a 

false declaration; or 

(e)  obtains  for  himself,  or  for  any  other  person,  any  pension,  allowance  or  other  advantage  or 
privilege by a statement which is false, and which he either knows or believes to be false or does not 
believe  to  be  true,  or  by  making  or  using  a  false  entry  in  any  book  or  record,  or  by  making  any 
document containing a false statement, or by omitting to make a true entry or document containing a 
true statement; 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
fourteen years or such less punishment as is in this Act mentioned. 

58. Signing in blank and failure to report.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies 
or stores, or any property of the Government fraudulently leaves in blank any material part for which 
his signature is a voucher; or 

(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to 

make or send; 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
seven years or such less punishment as is in this Act mentioned. 

59.  Offences  relating  to  courts-martial.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a)  being  duly  summoned  or  ordered  to  attend  as  a  witness  before  a  court-  martial,  wilfully  or 

without reasonable excuse, makes default in attending; or 

(b) refuses to take an oath or make an affirmation legally required by a court-martial to be taken 

or made; or 

(c) refuses to produce or deliver any document in his power or control legally required by a court-

martial to be produced or delivered by him; or 

(d) refuses when a witness to answer any question which he is by law bound to answer; or 

(e) is guilty of contempt of court-martial by using insulting or threatening language, or by causing 

any interruption or disturbance in the proceedings of such court; 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
three years or such less punishment as is in this Act mentioned. 

60. False evidence.—Any person subject to this Act who, having been duly sworn or affirmed before 
any court-martial or other court competent under this Act to administer an oath or affirmation, makes any 

25 

 
statement which is false, and which he either knows or believes to be false or does not believe to be true, 
shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
seven years or such less punishment as is in this Act mentioned. 

61.  Unlawful  detention  of  pay.—Any  officer,  warrant  officer  or  non-commissioned  officer  who, 
having received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when 
due, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend 
to ten years or such less punishment as is in this Act mentioned. 

62. Offences in relation to aircraft and flying.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a)  wilfully  or  without  reasonable  excuse  damages,  destroys  or  loses  any  aircraft  or  aircraft 

material belonging to the Government; or 

(b) is guilty of any act or neglect likely to cause such damage, destruction or loss; or 

(c)  without  lawful  authority  disposes  of  any  aircraft  or  aircraft  material  belonging  to  the 

Government; or 

(d)  is  guilty  of  any  act  or  neglect  in  flying,  or  in  the  use  of  any  aircraft,  or  in  relation  to  any 
aircraft  or  aircraft  material,  which  causes  or  is  likely  to  cause  loss  of  life  or  bodily  injury  to  any 
person; or 

(e)  during  a  state  of  war,  wilfully  and  without  proper  occasion,  or  negligently,  causes  the 
sequestration, by or under the authority of a neutral State, or the destruction in a neutral State, of any 
aircraft belonging to the Government; 

shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer imprisonment for a term 
which may extend to fourteen years or such less punishment as is in this Act mentioned, and, in any other 
case, to suffer imprisonment for a term which may extend to five years or such less punishment as is in 
this Act mentioned. 

63.  Other  offences  relating  to  aircraft  and flying.—Any person subject to this Act who commits 

any of the following offences, that is to say,— 

(a) signs any certificate in relation to an aircraft material belonging to the Government without 

ensuring the accuracy thereof; or 

(b) being the pilot of an aircraft belonging to the Government, flies it at a height less than such 
height as may be specified by 1[the Chief of the Air Staff], except while taking off or landing, or in 
such other circumstances as may be specified by 1[the Chief of the Air Staff); or 

(c)  being  the  pilot  of  an  aircraft  belonging  to  the  Government,  flies  it  so  as  to  cause,  or  to  be 

likely to cause, unnecessary annoyance to any person; 

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two 
years or such less punishment as is in this Act mentioned. 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”, (w.e.f. 7-5-1955). 

26 

 
                                                           
 
64. Disobedience of lawful command of captain of aircraft.—Any person subject to this Act who, 

whatever his rank, commits any of the following offences, that is to say,— 

(a) while he is in an aircraft disobeys any lawful command given by the captain of the aircraft, 
whether  such  captain  is  subject  to  this  Act  or  not,  as  respects  all  matters  relating  to  the  flying  or 
handling of the aircraft, or affecting the safety thereof; or 

(b) being the captain of a glider aircraft towed by another aircraft disobeys any lawful command 
given by the captain of the towing aircraft, whether the latter is subject to this Act or not, as respects 
all matters aforesaid; 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
fourteen years or such less punishment as is in this Act mentioned. 

65. Violation of good order and air force discipline.—Any person subject to this Act who is guilty 
of any act or omission which though not specified in this Act, is prejudicial to good order and air force 
discipline  shall,  on  conviction  by  court-martial,  be  liable to  suffer imprisonment  for a  term  which  may 
extend to seven years or such less punishment as is in this Act mentioned. 

66.  Miscellaneous  offences.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) being in command at any post or on the march, and receiving a complaint that any one under 
this command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair 
or market, or committed any riot or trespass, fails to have due reparation made to the injured person 
or to report the case to the proper authority; or 

(b) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the 

religious feelings of any person; or 

(c) attempts to commit suicide, and in such attempt does any act towards the commission of such 

offence; or 

(d) being below the rank of warrant officer, when off duty, appears, without proper authority, in 
or about camp or cantonments, or in or about, or when going to or returning from, any town or bazar, 
carrying a rifle, sword or other offensive weapon; or 

(e) directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself 
or for any other person, any gratification as a motive or reward for procuring the enrolment of any 
person,  or leave  of  absence,  promotion  or any  other advantage  or indulgence for  any  person in  the 
service; or 

(f)  commits  any  offence  against  the  property  or  person  of  any  inhabitant  of,  or  resident  in,  the 

country in which he is serving; 

shall,  on  conviction  by  court-martial,  be  liable  to  suffer  imprisonment  for  a  term  which  may  extend  to 
seven years or such less punishment as is in this Act mentioned. 

67. Attempt.—Any person subject to this Act who attempts to commit any of the offences specified 
in sections 34 to 66 inclusive, and in such attempt does any act towards the commission of the offence 
shall, on conviction by court-martial, where no express provision is made by this Act for the punishment 
of such attempt, be liable, 

27 

 
if  the  offence  attempted  to  be  committed  is  punishable  with  death,  to  suffer  imprisonment  for  a  term 
which may extend to fourteen years or such less punishment as is in this Act mentioned; and 

if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a 
term which may extend to one-half of the longest term provided for that offence or such less punishment 
as is in this Act mentioned. 

 68. Abetment of offences that have been committed.—Any person subject to this Act who abets 
the  commission  of  any  of the  offences  specified in  sections  34 to  66  inclusive,  shall,  on  conviction  by 
court-martial, if the act abetted is committed in consequence of the abetment and no express provision is 
made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for 
that offence or such less punishment as is in this Act mentioned. 

69. Abetment of offences punishable with death and not committed.—Any person subject to this 
Act  who abets the commission of any  of the  offences  punishable  with  death  under  sections  34,  37 and 
sub-section  (1)  of  section  38  shall,  on  conviction  by  court-martial,  if  that  offence  be  not  committed  in 
consequence of the abetment, and no express provision is made by this Act for the punishment of such 
abetment,  be liable  to suffer  imprisonment  for a  term  which  may  extend  to  fourteen  years or  such  less 
punishment as is in this Act mentioned. 

70.    Abetment  of  offences  punishable  with  imprisonment  and  not  committed.—Any  person 
subject  to  this  Act  who  abets  the  commission  of  any  of  the  offences  specified  in  sections  34  to  66 
inclusive and punishable with imprisonment shall, on conviction by court-martial, if that offence be not 
committed  in  consequence  of  the  abetment,  and  no  express  provision  is  made  by  this  Act  for  the 
punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half 
of the longest term provided for that offence or such less punishment as is in this Act mentioned. 

71. Civil offences.—Subject to the provisions of section 72, any person subject to this Act who at any 
place in or beyond India commits any civil offence shall be deemed to be guilty of an offence against this 
Act  and,  if  charged  therewith  under  this  section  shall  be  liable  to  be  tried  by  a  court-martial  and,  on 
conviction, be punishable as follows, that is to say,— 

(a) if the offence is one which would be punishable under any law in force in India with death or 
with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the 
offence, by the aforesaid law and such less punishment as is in this Act mentioned; and 

(b) in any other case, he shall be liable to suffer any punishment other than whipping  “assigned 
for the offence by any law in force in India, or imprisonment for a term which may  extend to seven 
years or such less punishment as is in this Act mentioned. 

72.  Civil  offences  not  triable  by  court-martial.—A  person  subject  to  this  Act  who  commits  an 
offence of murder against a person not subject to military, naval or air force law, or of culpable homicide 
not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed 
to be guilty of an offence against this Act and shall not be tried by a court-martial, unless he commits any 
of the said offences— 

(a) while on active service, or 

(b) at any place outside India, or

28 

 
(c) at a frontier post specified by the said Government by notification in this behalf. 

1*                   

       *                           

   *                          

*        

                    * 

CHAPTER VII 

PUNISHMENTS 

73.  Punishments  awardable  by  courts-martial.—Punishments  may  be  inflicted  in  respect  of 
offences committed by persons subject to this Act and convicted by courts-martial according to the scale 
following, that is to say,— 

(a) death; 

(b) transportation for life or for any period not less than seven years, in respect of civil offences; 

(c) imprisonment, either rigorous or simple, for any period not exceeding fourteen years; 

(d) detention for a term not exceeding two years in the case of airmen; 

(e) cashiering, in the case of officers; 

(f) dismissal from service; 

(g) reduction to the ranks or to a lower rank or classification, in the case of warrant officers and 

non-commissioned officers: 

Provided that a warrant officer reduced to the ranks shall not be required to serve in the ranks as 

an airman; 

(h) forfeiture of seniority of rank, in the case of officers, warrant officers and non-commissioned 
officers; and forfeiture of all or any part of their service for the purpose of promotion, in the case of 
any of them whose promotion depends upon length of service; 

(i) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; 

(j) severe reprimand or reprimand, in the case of officers, warrant officers and non-commissioned 

officers; 

(k)  forfeiture  of  pay  and  allowances  for  a  period  not  exceeding  three  months  for  an  offence 

committed on active service; 

(l) forfeiture, in the case of a person sentenced to cashiering or dismissal from the service of all 
arrears of pay and allowances and other public money due to him at the time of such cashiering or 
dismissal; 

(m) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of 

which he is convicted is made good. 

74. Alternative punishments awardable by court-martial.—Subject to the provisions of this Act, a 
court-martial may, on convicting a person subject to this Act of any of the offences specified in sections 
34  to  70  inclusive,  award  either  the  particular  punishment  with  which  the  offence  is  stated  in  the  said 

1. The Explanation omitted by Act 13 of 1975, s. 2 (w.e.f. 25-1-1975). 

29 

 
 
                                                           
 
sections  to  be  punishable,  or,  in  lieu  thereof,  any  one  of  the  punishments  lower  in  the  scale  set  out  in 
section 73, regard being had to the nature and degree of the offence. 

75.  Combination  of  punishments.—A  sentence  of  a  court-martial  may  award  in  addition  to,  or 
without any one other punishment, the punishment specified in clause (e) or clause (f) of section 73 and 
any one or more of the punishments specified in clauses (g) to (m) of that section. 

76. Cashiering of officers.—An officer shall be sentenced to be cashiered before he is awarded any 

of the punishments specified in clauses (a) to (c) of section 73. 

77.  Field  punishment.—(1)  Where  any  person  subject  to  this  Act  and  under  the  rank  of  warrant 
officer commits any offence on active service, shall be lawful for a court-martial to award for that offence 
any such punishment as is prescribed as a field punishment. 

(2) Field punishment shall be of the character of personal restraint or of hard labour but shall not be 

of a nature to cause injury to life or limb and shall not include flogging. 

78. Position of field punishment in scale of punishments.—Field punishment shall for the purpose 
of commutation be deemed to stand next below dismissal in the scale of punishments specified in section 
73. 

79.  Result  of  certain  punishments  in  the  case  of  a  warrant  officer  or  non-commissioned 
officer.—A warrant officer or a non-commissioned officer sentenced by a court-martial to transportation, 
imprisonment, detention, field punishment or dismissal from the service shall be deemed to be reduced to 
the ranks. 

80. Retention in the ranks of a person convicted on active service.—When, on active service, any 
enrolled person has been sentenced by a court-martial to dismissal, or to transportation, imprisonment or 
detention, whether combined with dismissal or not, the prescribed officer may direct that such person may 
be retained to serve in the ranks and such service shall be reckoned as part of his term of transportation, 
imprisonment or detention, if any. 

81. Punishments otherwise than by court-martial.—Punishments may, also be inflicted in respect 
of offences committed by persons, subject to this Act without the intervention of a court-martial and in 
the manner stated in sections 82 and 86. 

82. Punishment of persons other than officers and warrant officers.—Subject to the provisions of 
section 84, a commanding officer or such other officer as is, with the consent of the Central Government, 
specified by 1[the Chief of the Air Staff], may, in the prescribed manner, proceed against a person subject 
to this Act otherwise than as an officer or warrant officer who is charged with an offence under this Act 
and  award  such  person,  to  the  extent  prescribed,  one  or  more  of  the  following  punishments,  that  is  to 
say,— 

(a) detention up to twenty-eight days; 

(b) confinement to the camp up to fourteen days; 

(c) extra guards or duties not exceeding three in number: 

(d) deprivation of acting rank;

1. Subs by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in Chief” (w.e.f. 7-5-1955). 

30 

 
                                                           
(e) forfeiture of badge pay; 

(f) severe reprimand or reprimand; 

(g) fine up to fourteen days' pay in any one month; 

(h) penal deductions under clause 

(g) of section 92;  

(i) admonition; 

(j)  any  prescribed  field  punishment  up  to  twenty-eight  days,  in  the  case  of  a  person  on  active 

service. 

83. Requirement of sanction in certain cases.—(1) Subject to the provisions of sub-section (2), the 
punishments  mentioned  in  section  82  shall  not  be  inflicted  in  respect  of  an  offence  under  any  of  the 
sections 34, 35 and 36 when committed on active service or under any of the sections 37, 38, 40, 42 (f) 
and (g), 43, 47, 52, 60, 62, 63, 64, 66(a), (b) and (c) and 71 except with the previous sanction in writing 
of an officer having power to convene a district court-martial. 

(2) The said punishments may be awarded without such sanction in the case of any offence other than 
an  offence  under  section  34  or  section  71,  committed  by  persons  who  have  not  been  enrolled  as 
combatants. 

84. Limit of punishments under section 82.—(1) An Award of punishment under section 82 shall 
not include field punishment in addition to one or more of the punishments specified in clauses (a) and 
(b) of that section. 

(2) In the case of an award of two or more of the punishments specified in clauses (a), (b) and (c) of 
the said section, the punishment specified in clause (b) or clause (c) shall take effect only at the end of the 
punishment specified in clause (a). 

(3) When two or more of the punishments specified in the said clauses (a) and (b) are awarded to a 
person conjointly, or when already undergoing one or more of the said punishments, the whole extent of 
the punishments shall not exceed in the aggregate forty-two days. 

(4)  The  punishments  specified  in  clauses  (a),  (b),  (c),  (e),  (g)  and  (j)  of  section  82  shall  not  be 
awarded to any person who is of the rank of non-commissioned officer or was, at the time of committing 
the offence for which he is punished, of such rank. 

(5)  The  punishments  specified  in  clause  (f)  of  the  said  section  shall  not  be  awarded  to  any  person 

below the rank of a non-commissioned officer. 

85. Punishments in addition to those specified In section 82.—1[The Chief of the Air Staff] may, 
with the consent of the  Central Government, specify such other punishments as may be awarded under 
section 82 in addition to or without any of the punishments specified in the said section, and the extent to 
which such other punishments may be awarded. 

86. Punishment of officers  and warrant officers.—An officer having power to convene a general 
court-martial or such other officer as is, with the consent of the Central Government, specified by  1[the 
Chief  of  the  Air  Staff]  may,  in  the  prescribed,  manner  proceed  against  an  officer  below  the  rank  of 
squadron leader or warrant officer, who is charged with an offence under this Act, and award one or more 
of the following punishments, that is to say,— 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”(w.e.f. 7-5-1955). 

31 

 
                                                           
(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of 
service, forfeiture of service for the purpose of promotion for a period not exceeding twelve months, 
but subject to the right of the accused previous to the award to elect to be tried by a court-martial; 

(b) severe reprimand or reprimand; 

(c) stoppage of pay and allowance until any proved loss or damage occasioned by the offence of 

which he is convicted is made good but subject to the right of the accused specified in clause (a); 

(d) forfeiture of pay and allowances for a period not exceeding three months for an offence under 
clause (e) of section 42 in so far as it consists of neglect to obey flying orders or under section 62 or 
section 63. 

87.  Transmission  of  proceedings.—In  every  case  in  which  punishment  has  been  awarded  under 
section 86, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the 
officer awarding the punishment, to a superior air force authority as defined in section 89. 

88. Review of proceedings.—If any punishment awarded under section 86 appears to a superior air 
force authority as defined in section 89 to be illegal, unjust or excessive, such authority may cancel, vary 
or remit the punishment and make such other direction as may be appropriate in the circumstances of the 
case. 

89.  Superior  air  force  authority.—For  the  purposes  of  sections  87  and  88,  a  “superior  air  force 

authority” means— 

(a)  in  the  case  of  punishments  awarded  by  a  commanding  officer,  any  officer  superior  in 

command to such commanding officer; 

(b)  in  the  case  of  punishments  awarded  by  any  other  authority,  the  Central  Government, 1[the 

Chief of the Air Staff] or other officer specified by 1[the Chief of the Air Staff]. 

90. Collective fines.—(1) Whenever any weapon or part of a weapon forming part of the equipment 
of  a  unit  or  detachment  is  lost  or  stolen,  the  officer  commanding  such  unit  or  detachment  may,  after 
obtaining  the  report  of  a  Court  of  inquiry,  impose  a  collective  fine  upon  the  warrant  officers,                
non-commissioned officers and men of such unit, or upon so many of them as, in his judgment, should be 
held responsible for such loss, or theft. 

(2) Such fine shall be assessed as a percentage on the pay of the individuals on whom it falls. 

CHAPTER VIII 

PENAL DEDUCTIONS 

91.  Deductions  from  pay  and  allowances  of  officers.—The  following  penal  deductions  may  be 

made from the pay and allowances of an officer, that is to say,— 

(a) all pay and allowances due to an officer for every day he absents himself without leave, unless 
a satisfactory explanation has been given to his commanding officer and has been approved by the 
Central Government; 

(b) all pay and allowances for everyday while he is in custody or under suspension from duty on a 
charge for an offence of which he is afterwards convicted by a criminal court or a court-martial or by 
an officer exercising authority under section 86; 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955). 

32 

 
                                                           
 
(c)  any  sum  required  to  make  good  the  pay  of  any  person  subject  to  this  Act  which  he  has 

unlawfully retained or unlawfully refused to pay; 

(d)  any  sum  required  to  make  good  such  compensation  for  any  expenses,  loss,  damage  or 
destruction occasioned by the commission of an offence as may be determined by the court-martial 
by whom he is convicted of such offence, or by an officer exercising authority under section 86; 

(e)  all  pay  and  allowances  ordered  by  a  court-martial  or  an  officer  exercising  authority  under 

section 86 to be forfeited or stopped; 

(f)  any  sum  required  to  pay  a  fine  awarded  by  a  criminal  court  or  a  court-martial  exercising 

jurisdiction under section 71; 

(g) any sum required to make good any loss, damage or destruction of public or service property 
which,  after  due  investigation,  appears  to  the  Central  Government  to  have  been  occasioned  by  the 
wrongful act or negligence on the part of the officer; 

(h) all pay and allowances forfeited by order of the Central Government if the officer is found by 
a court of inquiry constituted by 1[the Chief of the Air Staff] in this behalf, to have deserted to the 
enemy,  or  while in enemy  hands, to  have  served  with,  or  under  the  orders of,  the  enemy  or  in any 
manner  to  have  aided  the  enemy,  or  to  have  allowed  himself  to  be  taken  prisoner  by  the  enemy 
through want of due precaution or through disobedience of orders or wilful neglect of duty, or having 
been taken prisoner by the enemy to have failed to rejoin his service when it was possible to do so; 

(i) any sum required by order of the Central Government to be paid for the maintenance of his 
wife  or  his  legitimate  or  illegitimate  child  or  towards  the  costs  of  any  relief  given  by  the  said 
Government to the said wife or child. 

92. Deductions from pay and allowances of airmen.—Subject to the provisions of section 95, the 

following penal deductions may be made from the pay and allowances of an airman, that is to say,— 

(a) all pay and allowances for every day of absence either on desertion or without leave, or as a 
prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, or 
a  court-martial,  or  of  detention,  or  field  punishment  awarded  by  a  court-martial  or  an  officer 
exercising authority under section 82; 

(b)  all  pay  and  allowances  for  every  day  while  he  is  in  custody  on  a  charge  for  an  offence  of 
which  he  is  afterwards  convicted  by  a  criminal  court  or  a  court-martial,  or  on  a  charge  of  absence 
without  leave  for  which  he  is  afterwards  awarded  detention  or  field  punishment  by  an  officer 
exercising authority under section 82; 

(c)  all  pay  and  allowances  for  every  day  on  which  he  is  in  hospital  on  account  of  sickness 
certified by the  medical officer attending on him to have been caused by an offence under this Act 
committed by him; 

(d) for every day on which he is in hospital on account of sickness certified by the medical officer 
attending  on  him  to  have been caused  by  his own  misconduct  or imprudence,  such  sum  as  may  be 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955). 

33 

 
                                                           
 
specified  by  order  of  the  Central  Government  or  by  such  officer  as  may  be  specified  by  that 
Government; 

(e) all pay and allowances ordered by a court-martial or by an officer exercising authority under 

section 82 or section 86 to be forfeited or stopped; 

(f)  all  pay  and  allowances  for  every  day  between  his  being  recovered  from  the  enemy  and  his 
dismissal from the service in consequence of his conduct when being taken prisoner by, or while in 
the hands of, the enemy; 

(g)  any  sum  required  to  make  good  such  compensation  for  any  expenses,  loss,  damage  or 
destruction  caused  by  him  to  the  Central  Government  or  to  any  building  or  property  as  may  be 
awarded by his commanding officer; 

(h)  any  sum  require  to  pay  a  fine  awarded  by  a  criminal  court,  a  court-martial  exercising 

jurisdiction under section 71, or an officer exercising authority under section 82 or section 90. 

(i) any sum required by order of the Central Government or any prescribed officer to be paid for 
the  maintenance  of  his  wife  or  his  legitimate  or  illegitimate  child  or  towards  the  cost  of  any  relief 
given by the said Government to the said wife or child. 

93.  Computation  of  time  of  absence  of  custody.—For  the  purposes  of  clauses  (a)  and  (b)  of     

section 92— 

(a) no person shall be treated as absent or in custody for a day unless the absence or custody has 
lasted,  whether  wholly  in  one  day,  or  partly  in  one  day  and  partly  in  another,  for  six  consecutive 
hours or upwards; 

(b) any absence or custody for less than a day may be reckoned as absence or custody for a day if 
such absence or custody prevented the absence from fulfilling any air force duty which was thereby 
thrown upon some other person; 

(c) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or 

custody for the whole of each day during any portion of which the person was absent or in custody; 

(d) a period of absence, or imprisonment, which commences before and ends after midnight may 

be reckoned as a day. 

94.  Pay  and  allowances  during  trial.—In  the  case  of  any  person  subject  to  this  Act  who  is  in 
custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that 
the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his 
trial in the charge against him, in order to give effect to the provisions of clause (b) of sections 91 and 92. 

95.  Limit  of  certain  deductions.—The  total  deductions  from  the  pay  and  allowances  of  a  person 
made under clauses (e) and (g) to (i) of section 92 shall not, except where he is sentenced to dismissal, 
exceed in any one month one-half of his pay and allowances for that month. 

96.  Deduction  from  public  money  due  to  a  person.—Any  sum  authorised  by  this  Act  to  be 
deducted  from  the  pay  and  allowances  of  any  person  may,  without  prejudice  to  any  other  mode  of 
recovering the same, be deducted from any public money due to him other than a pension. 

34 

 
 
97. Pay and allowances of prisoner of war during inquiry into his conduct.—Where the conduct 
of any person subject to this Act when being taken prisoner by, or while in the hands of the enemy, is to 
be inquired into under this Act or any other law, 1[the Chief of the Air Staff] or any officer authorised by 
him  may  order  that  the  whole  or  any  part  of  the  pay  and  allowances  of  such  person  shall  be  withheld 
pending the result of such inquiry. 

98. Remission of deductions.—Any deduction from pay and allowances authorised by this Act may 
be  remitted  in  such  manner,  and  to  such  extent,  and  by  such  authority,  as  may  from  time  to  time  be 
prescribed. 

99.  Provision  for  dependants  of  prisoner  of  war  from  remitted  deductions.—In  the  case of all 
persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under 
clause (h) of section 91 or clause (a) of section 92, but in respect of whom a remission has been made 
under section 98, it shall be lawful for proper provision to be made by the prescribed  authorities out of 
such pay and allowances for any dependants of such persons, and any such remission shall in that case be 
deemed to apply only to the balance thereafter remaining of such pay and allowances.' 

100.  Provision  for  dependants  of  prisoner  of  war  from  his  pay  and  allowances.—It  shall  be 
lawful  for  proper  provision  to  be  made  by  the  prescribed  authorities  for  any  dependants  of  any  person 
subject to this Act, who is a prisoner of war or is missing, out of his pay and allowances. 

101.  Period  during  which  a  person  is  deemed  to  be  a  prisoner  of  war.—For  the  purposes  of 
sections 99 and 100, a person shall be deemed to continue to be a prisoner of war until the conclusion of 
any inquiry into has conduct such as is referred to in section 97, and if he is cashiered or dismissed from 
the service in consequence of such conduct, until the date of such cashiering or dismissal. 

CHAPTER IX 

ARREST AND PROCEEDINGS BEFORE TRIAL 

102. Custody of offenders.—(1) Any person subject to this Act who is charged with an offence may 

be taken into air force custody. 

(2) Any such person may be ordered into air force custody by any superior officer. 

(3)  Any  officer  may  order  into  air  force  custody  any  officer,  though  he  may  be  of  a  higher  rank, 

engaged in a quarrel, affray or disorder. 

103.  Duty  of  commanding  officer  in  regard  to  detention.—(1)  It  shall  be  the  duty  of  every 
commanding officer to take care that a person under his command when charged with an offence is not 
detained  in  custody  for  more  than  forty-eight  hours  after  the  committal  of  such  person  into  custody  is 
reported to him, without the charge being investigated, unless investigation within that period seems to 
him to be impracticable with due regard to the public service. 

(2) Every case of a person being detained in custody beyond a period of forty eight hours, and the 
reason thereof shall be reported by the commanding officer to the air or other officer to whom application 
would be made to convene a general or district court-martial for the trial of the person charged. 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955). 

35 

 
 
                                                           
 
(3)  In  reckoning  the  period  of  forty-eight  hours  specified  in  sub-section  (1),  Sundays  and  public 

holidays shall be excluded. 

(4) Subject to the provisions of this Act, the Central Government may make rules a providing for the 
manner in which and the period for which any person subject to this Act may be taken into and detained 
in air force custody, pending the trial by any competent authority for any offence committed by him. 

104.  Interval  between  committal  and  court-martial.—In every case where any such person as is 
mentioned in section 102 and as is not on active service remains in such custody for a longer period than 
eight days, without a court-martial for his trial being ordered to assemble, a special report giving reasons 
for the delay shall be made by his commanding officer in the manner prescribed; and similar report shall 
be forwarded every eight days until a court-martial is assembled or such person is released from custody. 

105.  Arrest  by civil  authorities.—Wherever any person subject to this Act, who is accused of any 
offence  under  this  Act, is within the jurisdiction  of  any  magistrate  or  police officer, such  magistrate  or 
police officer shall aid in the apprehension and delivery to air force custody of such person upon receipt 
of a written application to that effect signed by his commanding officer. 

106. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the commanding 
officer of the unit or detachment to which he belongs, shall give written information of the desertion to 
such  civil  authorities  as,  in  his  opinion,  may  be  able  to  afford  assistance  towards  the  capture  of  the 
deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like 
manner  as  if  he  were  a  person for  whole  apprehension  a  warrant  had  been  issued  by  a  magistrate;  and 
shall deliver the deserter, when apprehended, into air force custody. 

(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this 
Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the 
nearest magistrate, to be dealt with according to law. 

107. Inquiry into absence without leave.—(1) When any person subject to this Act has been absent 
from  his  duty  without  due  authority  for  a  period  of  thirty  days,  a  Court  of  inquiry  shall,  as  soon  as 
practicable,  be  assembled,  and  such  Court  shall,  on  oath  or  affirmation  administered.  In  the  prescribed 
manner,  inquire respecting  the  absence  of  the  person,  and  the  deficiency,  if  any,  in  the  property  of  the 
Government  entrusted  to  his  care,  or  in  any  arms,  ammunition,  equipment,  instruments,  clothing  or 
necessaries, and if satisfied of the fact of such absence without due authority, or other sufficient cause, the 
Court  shall  declare  such  absence  and  the  period  thereof,  and  the  said  deficiency,  if  any;  and  the 
commanding officer of the unit to which the person belongs shall enter in the court-martial book of the 
unit a record of declaration. 

(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the 

purposes of this Act, be deemed to be a deserter. 

108. Provost-marshals.—(1) Provost-marshals may be appointed by 1[the Chief of the Air Staff], or 

by any prescribed officer. 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”, (w.e.f. 7-5-1955) 

36 

 
                                                           
 
(2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve 
good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the 
Air Force. 

(3) A provost-marshal may at any time arrest and detain for trial any person subject to this Act who 
commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in 
pursuance of the sentence awarded by a court-martial, or by an officer exercising authority under section 
82 but shall not inflict any punishment on his own authority: 

Provided that no officer shall be so arrested or detained otherwise than on the order of another officer. 

(4)  For  the  purposes  of  sub-sections  (2)  and  (3),  a  provost-marshal  shall  be  deemed  to  include  a 
provost-marshal  appointed  under  the  Army  Act  or  the  Navy-Act  and  any  person  legally  exercising 
authority under him or on his behalf. 

CHAPTER X 

COURTS-MARTIAL 

109.  Different  kinds  of  courts-martial.—For  purposes  of  this  Act  there  shall  be  three  kinds  of 

courts-martial, that is to say,— 

(a) general courts-martial. 

(b) district courts-martial. 

(c) summary general courts-martial. 

110. Power to convene a general court-martial.—A general court-martial may be convened by the 
Central Government or 1[the Chief of the Air Staff] or by any officer empowered in this behalf by warrant 
of1[the Chief of the Air Staff]. 

111. Power to convene a district court-martial.—A district court-martial may be convened by an 
officer having power to convene a general court-martial, or by any officer empowered in this behalf by 
warrant of any such officer. 

112.  Contents  of  warrants  issued  under  sections  110  and  111.—A  warrant issued  under section 
110 or section 111 may contain such restrictions, reservations or conditions as the officer issuing it may 
think fit. 

113.  Power  to  convene  a  summary  general  court-martial.—The following authorities shall have 

the power to convene a summary general court-martial, namely:— 

(a) an officer empowered in this behalf by an order of the Central Government or of 1[the Chief 

of the Air Staff]; 

(b) on active service, the officer commanding the forces in the field, or any officer empowered by 

him in this behalf; 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”, (w.e.f. 7-5-1955) 

37 

 
                                                           
 
(c) an officer commanding any detached portion of the Air Force on active service when, in his 
opinion, it is not practicable with due regard to discipline and the exigencies of the service, that an 
offence should be tried by a general court-martial. 

114. Composition of general court-martial.—A general court-martial shall consist of not less than 
five officers, each of whom has held a commission for not less than three whole years and of whom not 
less than four are of a rank not below that of flight-lieutenant. 

115.  Composition  of  district  court-martial.—A district court-martial shall consist of not less than 

three officers, each of whom has held a commission for not less than two whole years.  

116.  Composition  of  summary  general  court-martial.—A  summary  general  court-martial  shall 

consist of not less than three officers. 

117.  Dissolution  of  court-martial.—(1)  If  a  court-martial  after  the  commencement  of  a  trial  is 

reduced below the minimum number of Officers required by this Act, it shall be dissolved. 

(2)  If  on  account  of  the  illness  of  the  judge  advocate  or  of  the  accused  before  the  finding,  it  is 

impossible to continue the trial, a court-martial shall be dissolved. 

(3) The officer who convened a court-martial may dissolve such court-martial if it appears to him that 
the  exigencies  of  the  service  or  the  necessities  of  discipline  render  it  impossible  or  in  expedient  to 
continue the said court-martial 

(4) Where a court-martial is dissolved under this section, the accused may be tried again. 

118.    Powers  of  general  and  summary  general  courts-martial. —A general or summary general 
court- martial shall have power to try any person subject to this Act for any offence punishable there in 
and to pass any sentence authorised thereby. 

119. Powers of district court-martial.—A district court-martial shall have power to try any person 
subject to this Act other than an officer or warrant officer for any offence made punishable therein, and to 
pass any sentence authorised by this Act other than a sentence of death, transportation, or imprisonment 
for a term exceeding two years. 

120.  Prohibition  of  second  trial.—When  any  person  subject  to  this  Act  has  been  acquitted  or 
convicted of an offence by a court-martial or by a criminal court, or has been dealt with under section 82 
or section 86, he shall not be liable to be tried again for the same offence by a court-martial or dealt with 
under the said sections. 

121.  Period  of  limitation  for  trial.—(1)  Except  as  provided  by  sub-section  (2),  no  trial  by  court-
martial  of  any  person  subject  to  this  Act  for  any  offence  shall  be  commenced  after  the  expiration  of  a 
period of three years from the date of such offence. 

(2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or fraudulent 

enrolment or for any of the offences mentioned in section 37. 

(3)  In  the  computation  of  the  period  of  time  mentioned  in  sub-section  (1),  any  time  spent  by  such 
person  as  a  prisoner  of  war,  or  in  enemy  territory,  or  in  evading  arrest  after  the  commission  of  the 
offence, shall be excluded. 

38 

 
(4)  No  trial  for  an  offence  of  desertion,  other  than  desertion  on  active  service  or  of  fraudulent 
enrolment  shall  be  commenced  if  the  person  in  question,  not  being  an  officer,  has  subsequently  to  the 
commission of the offence, served continuously in an exemplary manner for not less than three years with 
any portion of the Air Force. 

122. Liability of offender who ceases to be subject to Act.—(1) Where an offence under this Act 
had been committed by any person while subject to this Act and he has ceased to be so subject, he may be 
taken into and kept in air force custody, and tried and punished for such offence as if he continued to be 
so subject. 

(2) Except as provided by sub-sections (3) and (4), any such person shall not be tried for an offence, 

unless his trial commences within six months after he had ceased to be subject to this Act. 

(3) The provisions of sub-section (2) shall not apply to the trial of any such person for an offence of 

desertion or fraudulent enrolment or for any of the offences mentioned in section 37. 

(4) Nothing contained in sub-section (2) shall affect the jurisdiction of a civil court to try any offence 

triable by such court as well as by a court-martial. 

(5)  When  a  person  subject  to  this  Act  is  sentenced  by  a  court-martial  to  transportation  or 
imprisonment,  this  Act  shall  apply  to  him  during  the  term  of  his  sentence,  though  he  is  cashiered  or 
dismissed  from  the  Air  Force,  or  has  otherwise  ceased  to  be  subject  to  this  Act  and  he  may  be  kept, 
removed, imprisoned and punished as if he continued to be subject to this Act. 

(6) When a person subject to this Act it sentenced by a court-martial to death, this Act shall apply to 

him till the sentence is carried out. 

123. Place of trial.—Any person subject to this Act who commits any offence against it may be tried 

and punished for such offence in any place whatever. 

124.  Choice  between  criminal  court  and  court-martial.—When  a  criminal  court  and  a  court-
martial have each jurisdiction in respect of an offence, it shall be in the discretion of1[the Chief of the Air 
Staff],  the  officer  commanding  any  group,  wing  or  station  in  which  the  accused  prisoner  is  serving  of 
such other officer as may be prescribed to decide before which court the proceedings shall be instituted, 
and, if that officer decides that they should be instituted before a court-martial, to direct that the accused 
person shall be detained in Air force custody. 

125. Power of criminal court to require delivery of offender.—(1) When a criminal court having 
jurisdiction  is  of  opinion  that  proceedings  shall  be  instituted  before  itself  in  respect  of  any  alleged 
offence,  it  may,  by  written  notice,  require  the  officer  referred  to  in  section  124  at  his  option,  either  to 
deliver  over  the  offender  to  the  nearest  Magistrate  to  be  proceeded,  against  according  to  law,  or  to 
postpone proceedings pending a reference to the Central Government. 

(2) In every such case the said officer shall either deliver over the offender in compliance with the 
requisition,  or  shall  forthwith  refer  the  question  as  to  the  court  before  which  the  proceedings  are  to  be 
instituted  for  the  determination  of  the  Central  Government  whose  order  upon  such  reference  shall  be 
final. 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”, (w.e.f. 7-5-1955) 

39 

 
                                                           
 
126.  Successive  trials  by  a  criminal,  court  and  a  court-martial.—(1)  A  person  convicted  or 
acquitted by a court-martial may, with the previous sanction of the Central Government, be tried again by 
a criminal court for the same offence, or on the same facts. 

(2) If a person sentenced by a court-martial under this Act or punished under section 82 or section 86 
is afterwards tried and convicted by a criminal court for the same offence or on the same facts, that court 
shall in awarding punishment have regard to the punishment he may already have undergone for the said 
offence. 

CHAPTER XI 

PROCEDURE OF COURTS-MATRIAL 

127.  Presiding  Officer.—At  every  general,  district  or  summary  general  court-martial  the  senior 

member shall be the presiding officer. 

128.  Judge  Advocate.—Every  general  court-martial  shall,  and  every  district  or  summary  general 
court-martial  may,  be  attended  by  a  Judge  Advocate,  who  shall  be  either  an  officer  belonging  to  the 
department of the Chief Legal Adviser or if no such officer is available, an officer approved by the Chief 
Legal Adviser or any of his deputies. 

129. Challenges.—(1) At all, trials by general, district or summary general courts-martial, as soon as 
the court is assembled, the names of the presiding officer and members shall be read over to the accused 
who shall thereupon be asked whether he objects to being tried by any officer sitting on the court. 

(2) If the accused objects to any such officer, his objection and also the reply thereto of the officer 
objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of 
the challenged officer decide on the objection. 

(3)  If  the  objection is  allowed  by  one-half  or  more of  the  votes  of  the  officers  entitled to  vote, the 
objection shall be allowed and the member objected to shall retire, and his vacancy may be filled in the 
prescribed manner by another officer, subject to the same right of the accused to object. 

(4)  When  no  challenge  is  made,  or  when  challenge  has  been  made  and  disallowed  or  the  place  of 
every officer successfully challenged has been filled by another officer to whom no objection is made or 
allowed, the court shall proceed with the trial. 

130. Oaths of member, Judge advocate and witness.—(1) An oath or affirmation in the prescribed 
manner shall be administered to every member of every court-martial and to the Judge advocate before 
the commencement of the trial. 

(2) Every person giving evidence before a court-martial shall be examined after being duly sworn or 

affirmed in the prescribed form. 

(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years 
of age and the court-martial is of opinion that though  the witness understands the duty of speaking the 
truth, he does not understand the nature of an oath or affirmation. 

131. Voting by members.—(1) Subject to the provisions of sub-sections (2) and (3), every decision 
of a court-martial shall be passed by an absolute majority of votes; and where there is an equality of votes 
on either the finding or the sentence, the decision shall be in favour of the accused. 

40 

 
(2) No sentence of death shall be passed by a general court-martial without the concurrence of at least 

two-thirds of the members of the court. 

(3) No sentence of death shall be passed by a summary general court-martial without the concurrence 

of all the members. 

(4)  In  matters  other  than  a  challenge  or  the  finding  or  sentence,  the  presiding  officer  shall  have  a 

casting vote. 

132. General rule as to evidence.—The Indian Evidence Act, 1872 (1 of 1872), shall subject to the 

provisions of this Act, apply to all proceedings before a court-martial. 

133. Judicial notice.—A court-martial may take judicial notice of any matter within the general air 

force knowledge of the members. 

134. Summoning witnesses.—(1) The convening officer, the presiding officer of a court-martial the 
Judge  advocate  or  the  commanding  officer  of  the  accused  person,  may,  by  summons  under  his  hand, 
require the attendance at a time and place to be mentioned in the summons, of any person either to give 
evidence or to produce any document or other thing. 

(2)  In  the  case  of  a  witness  amenable  to  air  force  authority,  the  summons  shall  be  sent  to  his 

commanding officer and such officer shall serve it upon him accordingly. 

(3)  In  the  case  of  any  other  witness,  the  summons  shall  be  sent  to  the  magistrate  within  whose 
jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness 
were required in the court of such magistrate. 

(4) When a witness is required to produce any particular document or other thing in his possession or 

power, the summons shall describe it with reasonable precision. 

135. Documents exempted from production.—(1) Nothing in section 134 shall be deemed to affect 
the operation of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or to apply to any 
letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. 

(2)  If  any  document  in  such  custody  is,  in  the  opinion  of  any  district  magistrate,  chief  presidency 
magistrate, High Court or court of session, wanted for the purpose of any court-martial such magistrate or 
court may require the postal or telegraph authorities, as the case may be, to deliver such document to such 
person as such magistrate or court may direct. 

(3) If any such document is, in the opinion of any other magistrate or of any commissioner of police 
or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph 
authorities, as the case may be, to cause search to be made for and to detain such document pending the 
orders of any such district magistrate, chief presidency magistrate or High Court or Court of Session. 

136. Commissions for examination of witnesses.—(1) Whenever, in the course of a trial by court-
martial, it appears to the court that the examination of a witness is necessary for the ends of justice, and 
that  the  attendance  of  such  witness  cannot  be  procured  without  an  amount  of  delay,  expense  or 
inconvenience which, in the circumstances of the case, would be unreasonable such court may address the 
Chief Legal Adviser in order that a commission to take the evidence of such witness may be issued. 

41 

 
(2)  The  Chief  Legal  Adviser  may  then,  if  he  thinks  necessary,  issue  a  commission  to  any  district 
magistrate of the first class, within the local limits of whose jurisdiction such witness resides to take the 
evidence of such witness. 

(3) The Magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he 
or  such  magistrate  of the  first-class  as  he  appoints,  in  this  behalf,  shall  proceed  to  the  place  where  the 
witness is or shall summon the witness before him and shall take down his evidence in the same manner, 
and  may  for  this  purpose  exercise  the  same  powers,  as  in  trials  of  warrant-cases  under  the  Code  of 
Criminal  Procedure,  1898  (5  of  1898),  or  any  corresponding  law  in  force  in 1[the  State  of  Jammu  and 
Kashmir*], 

(4)  When  the  witness  resides  in  a tribal  area  or in  any  place  outside  India  the commission  may  be 
issued in the manner specified in Chapter XL of the Code of Criminal Procedure, 1898 (5 of 1898), or of 
any corresponding law in force in 1[the State of Jammu and Kashmir*]. 

(5) In this and the next succeeding section, the expression “Chief Legal Adviser” includes a Deputy 

Chief Legal Adviser. 

137. Examination of a witness on commission.—(1) The prosecutor and the accused person in any 
case in which a commission is issued under section 136 may respectively forward any interrogatories in 
writing  which  the  court  may  think  relevant  to  the  issue,  and  the  Magistrate  or  officer  executing  the 
commission shall examine the witness upon such interrogatories. 

(2) The prosecutor and the accused person may appear before such magistrate or officer by counsel or 
except in the case of an accused person in custody, in person, and may examine, cross-examine and re-
examine, as the case may be, the said witness. 

(3) After a commission issued under section 136 has been duly executed, it shall be returned, together 

with the deposition of the witness examined thereunder to the Chief Legal Adviser. 

(4) On receipt of a commission and deposition returned under sub-section (3) the Chief Legal Adviser 
shall  forward  the  same  to  the  court  at  whose  instance  the  commission  was  issued  or,  if  such  court  has 
been dissolved, to any other court convened for the trial of the accused person, and the commission, the 
return  thereto and the  deposition  shall  be  open to inspection  by  the  prosecutor  and the  accused  person, 
and  may,  subject  to  all  just  exceptions,  be  read  in  evidence  in  the  case  by  either  the  prosecutor  or  the 
accused, and shall form part of the proceedings of the court. 

(5) In every case in which a commission is issued under section 136 the trial may be adjourned for a 

specified time reasonably sufficient for the execution and return of the commission. 

138.  Conviction  of  offence  not  charged.—(1)  A  person  charged  before  a  court-martial  with 

desertion may be found guilty of attempting to desert or of being absent without leave. 

(2) A person charged before a court-martial with attempting to desert may be found guilty of being 

absent without leave. 

(3) A person charged before a court-martial with using criminal force-may be found guilty of assault. 

(4) A person charged before a court-martial with using threatening language may be found guilty of 

using insubordinate language. 

1. Subs by A.O. (No. 3), 1956, for “a Part B State” (w.e.f. 7-5-1955). 
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 
and Kashmir and the Union territory of Ladakh. 

42 

 
                                                           
(5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b), 
(c) and (d) of section 52 may be found guilty of any other of these offences with which he might have 
been charged. 

(6)  A  person  charged  before  a  court-martial  with  an  offence  punishable  under  section  71  may  be 
found guilty of any other offence of which he might have been found guilty if the provisions of the Code 
of Criminal Procedure, 1898 (5 of 1898), were applicable. 

(7) A person charged before a court-martial with any offence under this Act may on failure of proof 
of  an  offence  having  been  committed  in  circumstances  involving  a  more  severe  punishment,  be  found 
guilty  of  the  same  offence  as  having  been  committed  in  circumstances  involving  a  less  severe 
punishment. 

(8) A person charged before a court-martial with any offence under this Act may be found guilty of 
having  attempted  or  abetted  the  commission  of  that  offence,  although  the  attempt  or  abetment  is  not 
separately charged. 

139.  Presumption  as  to  signature.—In any proceeding under this Act, any application, certificate, 
warrant, reply or other document purporting to be signed by an officer in the service of the Government 
shall, on production, be presumed to have been duly signed by the person by whom and in the character in 
which it purports to have been signed, until the contrary is shown. 

140.  Enrolment  paper.—(1)  Any  enrolment  paper  purporting  to  be  signed  by  an  enrolling  officer 
shall,  in  proceedings  under  this  Act,  be  evidence  of  the  person  enrolled  having  given  the  answers  to 
questions which he is therein represented as having given. 

(2) The enrolment of such person may be proved by the production of the original or a copy of his 
enrolment  paper  purporting  to  be  certified  to  be  a  true  copy  by  the  officer  having  the  custody  of  the 
enrolment paper. 

141. Presumption as to certain documents.—(1) A letter, return or other document respecting the 
service of any person in, or the cashiering, dismissal or discharge of any person from, any portion of the 
Air Force, or respecting the circumstance of any person not having served in, or belonged to, any portion 
of the Forces, if purporting to be signed by or on behalf of the Central Government or 1[the Chief of the 
Air Staff], or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other 
document. 

(2)  An  Army,  Navy  or  Air  Force  List  or  Gazette  purporting  to  be  published  by  authority  shall  be 
evidence  of  the  status  and  rank  of  the  officers  or  warrant  officers  therein  mentioned,  and  of  any 
appointment held by them and of the unit or branch of the services to which they belong. 

(3)  Where  a  record  is  made  in  any  service  book  in  pursuance  of  this  Act  or  of  any  rules  made 
thereunder  or  otherwise  in  pursuance  of  air  force  duty  and  purports  to  be  signed  by  the  commanding 
officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts 
therein stated. 

(4) A copy of any record in any service book purporting to be certified to be a true copy by the officer 

having custody of such book shall be evidence of such record. 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for the “Commander-in Chief” (w.e.f. 7-5-1955). 

43 

 
                                                           
(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without 
leave, and such person has surrendered himself into the custody of any officer or other person subject to 
this Act, or any portion of the Air Force, or has been apprehended by such officer or person, a certificate 
purporting to be signed by such officer, or by the commanding officer of that portion of the Air Force, or 
by the commanding officer of the unit, or detachment to which such person belongs, as the case may be, 
and stating the fact, date and place of such surrender or apprehension, and the manner in which he was 
dressed, shall be evidence of the matters so stated. 

(6) Where any person subject to this Act is being tried on a charge of desertion or of absence without 
leave, and such person has surrendered himself into the custody of or has been apprehended by, a police 
officer nor below the rank of an officer-in-charge of a police station, a certificate purporting to be signed 
by  such  police  officer  and  stating  the  fact,  date  and  place  if  such  surrender  or  apprehension  and  the 
manner in which he was dressed shall be evidence of the matters so stated. 

(7) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant 
Chemical Examiner to Government upon any matter or thing duly submitted to him for examination or 
analysis and report may be used as evidence in any proceeding under this Act. 

142.  Reference  by  accused  to  Government  officer.—(1)  If  at  any  trial  for  desertion  or  absence 
without leave, overstaying leave or not rejoining when warned for service, the person tried states in his 
defence any sufficient or reasonable excuse for his unauthorised absence and refers in support thereof to 
any officer in the service, of the Government, or if it appears that any such officer is likely to prove or 
disprove  the  said  statement  in  the  defence,  the  court  shall  address  such  officer  and  adjourn  the 
proceedings until his reply is received. 

(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and 

have the same effect as if made on oath before the court. 

(3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the 
provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a 
fresh trial. 

143.  Evidence  of  previous  convictions  and  general  character.—(1)  When  any  person  subject  to 
this  Act has  been convicted  by  a  court-martial  of any  offence,  such  court-martial  may  inquire  into  and 
receive and record evidence of any previous convictions of such person, either by a court-martial or by a 
criminal  court  or  any  previous  award  of  punishment  under  section  82  or  section  86  and  may  further 
enquire into and record the general character of such person and such other matters as may be prescribed. 

(2) Evidence received under this section may be either oral, or in the shape of entries in, or certified 
extracts from,  court-martial  books  or  other  official records,  and  it  shall  not  be necessary  to  give  notice 
before trial to the person tried that evidence as to his previous convictions or character will be received. 

144. Lunacy of accused.—(1) Whenever, in the course of a trial by a court-martial, it appears to the 
court that the person charged is by reason of unsoundness of mind incapable of making his defence, or 
that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the 
nature  of  the  act  or  knowing  that  it  was  wrong  or  contrary  to  law,  the  court  shall  record  a  finding 
accordingly. 

(2) The presiding officer of the court shall forthwith report the case to the confirming officer. 

44 

 
(3)  The  confirming  officer  to  whom  the  case  is  reported  under  sub-section  (2)  may,  if  he  does  not 
confirm the finding, take steps to have the accused person tried by the same or another court-martial for 
the offence with which he was charged. 

(4) A confirming officer confirming a finding in any case so reported to him under sub-section (2) 
shall order the accused person to be kept in custody in the prescribed manner and shall report the case for 
the orders of the Central Government. 

(5) On receipt of a report under sub-section (4) the Central Government may order the accused person 

to be detained in a lunatic asylum or other suitable place of safe custody. 

145.  Subsequent  fitness  of  lunatic  accused  for  trial.—Where  any  accused  person,  having  been 
found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under 
detention  under  section  144,  the  officer  commanding  a  unit  or  detachment  within  the  area  of  whose 
command the accused is in custody or is detained, or any other officer prescribed in this behalf, may. — 

(a) If such person is in custody under sub-section (4) of section 144, on the report of a medical 

officer that he is capable of making his defence, or 

(b) if such person is detained in a jail under sub-section (5) of section 144, on a certificate of the 
Inspector-General of Prisons and if such person is detained in a lunatic asylum under the said sub-
section on a certificate of any two or more of the visitors of such asylum that he is capable of making 
his defence, 

take steps to have such person tried by the same or another court-martial for the offence with which he 
was originally charged, or, if the offence is a civil offence, by a criminal court. 

146. Transmission to Central Government of orders under section 145.—A copy of every order 
made  by  an  officer  under section 145  for the trial  of  the  accused  shall  forthwith  be  sent to  the  Central 
Government. 

147.  Release  of  lunatic  accused.—Where  any  person  is  in  custody  under  sub-section  (4)  of        

section 144 or under detention under sub-section (5) of that section.— 

(a) if such person is in custody under the said sub-section (4), on the report of a medical officer, or 

(b)  if  such  person  is  detained  under  the  said  sub-section  (5),  on  a  certificate  from  any  of  the 
authorities mentioned in clause (b) of section 145 that, in the judgment of such officer or authority such 
person may be released without danger of his doing injury to himself or to any other person, 

the Central Government may order that such person be released, or detained in custody, or transferred to a 
public lunatic asylum if he has not already been sent to such an asylum. 

148. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in 
custody  under  sub-section  (4)  of  section  144  or  under  detention  under  sub-section  (5)  of  that  section 
desires that he should be delivered to his care and custody, the Central Government may upon application 
by such relative or friend and on his giving security to the satisfaction of that Government that the person 
delivered shall be properly taken care of and prevented from doing injury to himself or any other person, 
and  be  produced  for  the  inspection  of  such  officer,  and  at  such  times  and  places,  as  the  Central 
Government may direct, order such person to be delivered to such relative or friend. 

45 

 
149.  Order  for  custody  and  disposal  of  property  pending  trial.—When  any  property  regarding 
which  any  offence  appears  to  have  been  committed,  or  which  appears  to  have  been  used  for  the 
commission of  any  offence,  is produced  before a  court-martial  during  a  trial,  the  court  may  make  such 
order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the 
property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, 
order it to be sold or otherwise disposed of. 

150.  Order  for  disposal  of  property  regarding  which  offence  is  committed.—(1)  After  the 
conclusion of a trial before any court-martial, the court or the officer confirming the finding or sentence 
of such court-martial or any authority superior to such officer, may make such order as it or he thinks fit 
for the disposal by destruction, confiscation, delivery to any person, claiming to be entitled to possession 
thereof, or otherwise of any property or document produced before the Court or in its custody, or regard-
ing which any offence appears to have been committed or which has been used for the commission of any 
offence. 

(2) Where any order has been made under sub-section (1) in respect of property regarding which an 
offence  appears  to  have  been  committed,  a  copy  of  such  order  signed  and  certified  by  the  authority 
making the same may, whether the trial was held within India or not, be sent to a magistrate within whose 
jurisdiction  such  property  for  the  time  being  is  situated,  and such  Magistrate  shall  thereupon  cause  the 
order to be carried into effect as if it were an order passed by him under the provisions of the Code of 
Criminal  Procedure,  1898  (5  of  1898),  or  any  corresponding  law  in  force  in 1[the  State  of  Jammu  and 
Kashmir*]. 

(3) In this section the term  “property” includes, in the case of property regarding which an offence 
appears to have been committed, not only such property as has been originally in the possession or under 
the control of any person, but also any property into or for which the same may have been converted or 
exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. 

151. Powers of court-martial when certain offences are committed by persons not subject to this 
Act.—Any  trial  by  a  court-martial  under  the  provisions  of  this  Act  shall  be  deemed  to  be  a  judicial 
proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860), and the 
court-martial shall be deemed to be a Court within the meaning of sections 480 and 482 of the Code of 
Criminal Procedure, 1898 (5 of 1898). 

CHAPTER XII 

CONFIRMATION AND REVISION 

152.  Finding  and  sentence  not  valid,  unless  confirmed.—No  finding  or  sentence  of  a  general, 
district or summary general court-martial shall be valid except so far as it may be confirmed as provided 
by this Act. 

153.  Power  to  confirm  finding  and  sentence  of  general  court-martial.—The  findings  and 
sentences  of  general  courts-martial  may  be  confirmed  by  the  Central  Government,  or  by  any  officer 
empowered in this behalf by warrant of the Central Government. 

1. Subs. by A.O.(No.3), 1956, for “a Part B State” (w.e.f. 7-5-1955). 
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 
and Kashmir and the Union territory of Ladakh. 

46 

 
 
                                                           
 
154.  Power  to  confirm  finding  and  sentence  of  district  court-martial.—The  findings  and 
sentences of district court-martial may be confirmed by any officer having power to convene a general 
court-martial or by any officer empowered in this behalf by warrant of such officer. 

155.    Limitation  of  powers  of  confirming  authority.—A  warrant  issued  under  section  153  or 
section 154 may contain such restrictions, reservations or conditions as the authority issuing it may think 
fit. 

156. Power to confirm finding and sentence of summary general courts-martial.—The findings 
and sentences of summary general courts-martial may be confirmed by the convening officer or if he so 
directs, by an authority superior to him. 

157.  Power  of  confirming  authority  to  mitigate,  remit  or  commute  sentences.—(1)  Subject  to 
such restrictions, reservations or conditions as may be contained in any warrant issued under section 153 
or  section  154  and  to  the  provisions  of  sub-sections  (2)  and  (3),  a  confirming  authority  may,  when 
confirming  the  sentence  of  a  court-martial,  mitigate  or  remit  the  punishment  thereby  awarded,  or 
commute that punishment for any punishment or punishments lower in the scale laid down in section 73. 

(2) A sentence of transportation shall not be commuted for a sentence of imprisonment or detention 

for a term exceeding the term of transportation awarded by the court. 

(3)  A  sentence  of  imprisonment  shall  not  be  commuted  for  a  sentence  of  detention  for  a  term 

exceeding the term of imprisonment awarded by the court. 

158. Confirming of findings and sentences on board a ship.—When any person subject to this Act 
is  tried  and  sentenced  by  a  court-martial  while  on  board  a  ship,  the  finding  and  sentence  so  far  as  not 
confirmed  and  executed  on  board  the  ship,  may  be  confirmed  and  executed  in  like  manner  as  if  such 
person had been tried at the port of disembarkation. 

159. Revision of finding or sentence.—(1) Any finding or sentence of a court-martial may be once 
revised  by  order  of  the  confirming  authority  and  on  such  revision,  the  court,  if  so  directed  by  the 
confirming authority, may take additional evidence.  

(2)  The  court,  on  revision,  shall  consist  of  the  same  officers  as  were  present  when  the  original 

decision was passed, unless any of those officers are unavoidably absent.  

(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, 
and the court shall proceed with the revision, provided that, if a general court-martial, it still consists of 
five officers, or, if a summary general or district court- martial, of three officers. 

160. Alteration of finding or sentence in certain cases.—(1) Where a finding of guilty by a court-

martial, which has been confirmed, is found for any reason to be invalid or cannot be supported by the 

evidence,  the  authority  which  would  have  had  power  under  section  177  to  commute  the  punishment 

47 

 
awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence 
for the offence specified or involved in such finding: 

Provided that no such substitution shall be made unless such finding could have been validly made by 

the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the 
facts establishing the offence. 

(2) Where a sentence passed by a court-martial which has been confirmed not being a sentence passed 

in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the. 
authority referred to in sub-section (1) may pass a valid sentence. 

(3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not 

be higher in the scale of punishments than, or in excess of the punishment awarded by, the sentence for 
which a new sentence is substituted under this section. 

(4) Any finding substituted, or any sentence passed, under this section shall for the purposes of this 

Act and the rules made thereunder have effect as if it were a finding or sentence, as the case may be, of a 
court-martial. 

161. Remedy against order, finding or sentence of court-martial.—(1) Any person subject to this 

Act who considers himself aggrieved by any order passed by a court-martial may present a petition to the 

officer  or  authority  empowered  to  confirm  any  finding  or  sentence  of  such  court-martial,  and  the 

confirming  authority  may  take  such  steps  as  may  be  considered  necessary  to  satisfy  itself  as  to  the 

correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the 
order relates. 

(2)  Any  person  subject  to  this  Act  who  considers  himself  aggrieved  by  a  finding  or  sentence  of  a 

court-martial which has been confirmed, may present a petition to the Central Government, 1[the Chief of 

the Air Staff] or any prescribed officer superior in command to the one who confirmed such finding or 

sentence, and the Central Government, 1[the Chief of the Air Staff] or other officer, as the case may be, 
may pass such order thereon as it or he thinks fit. 

162.  Annulment  of  proceedings.  —The  Central  Government,  1[the  Chief  of  the  Air  Staff]  or  any 

prescribed officer may annul the proceedings of any court-martial on the ground that they are  illegal or 

unjust. 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955). 

48 

 
                                                           
 
CHAPTER XIII 

EXECUTION OF SENTENCES 

163.  Form  of  sentence  of  death.—In  awarding  a  sentence  of  death,  a  court-martial  shall,  in  its 
discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead or shall 
suffer death by being shot to death. 

164.  Commencement  of  sentence  of  transportation  or  imprisonment.—Whenever any person is 
sentenced by a court-martial under this Act to transportation, imprisonment or detention the term of his 
sentence  shall,  whether  it  has  been  revised  or  not,  be  reckoned  to  commence  on  the  day  on  which  the 
original proceedings were signed by the presiding officer. 

165. Execution of sentence of transportation.—Whenever any sentence of transportation is passed 
under this Act or whenever any sentence of death be commuted to transportation, the commanding officer 
of  the  person  under  sentence  or  such  other  officer  as  may  be  prescribed  shall forward a  warrant  in the 
prescribed  form  to  the  officer-in-charge  of  the  civil  prison  in  which  such  person  is  to  be  confined  and 
shall arrange for his dispatch to such prison with the warrant. 

166.  Execution  of  sentence  of  imprisonment.—(1)  Whenever  any  sentence  of  imprisonment  is 
passed under this Act or whenever any sentence of death or transportation is commuted to imprisonment, 
the  confirming  officer  or  such  other  officer  as  may  be  prescribed,  shall,  save  as  otherwise  provided  in 
sub-sections (3) and (4), direct either that the sentence shall be carried out by confinement in a military or 
air force prison or that it shall be carried out by confinement in a civil prison. 

(2)  When  a  direction  has  been  made  under  sub-section  (1)  the  commanding  officer  of  the  person 
under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form 
to  the  officer-in-charge  of  the  prison  in  which  such  person  is  to  be  confined  and  shall  arrange  for  his 
dispatch to such prison with the warrant. 

(3) In the case of a sentence of imprisonment for a period not exceeding three months,  the officers 
referred to in sub-section (1) may direct that the sentence shall be carried out by confinement in air force 
custody instead of in a civil or military or air force prison. 

(4) On active service, a sentence of imprisonment may be carried out by confinement in such place as 

the officer commanding the forces in the field may from time to time, appoint. 

167.  Temporary  custody  of  offender.—Where  a  sentence  of  transportation  or  imprisonment  is 
directed to be undergone in a civil prison, the offender may be kept in military or air force custody or in 
any other fit place, till such time as it is possible to send him to a civil prison. 

168. Execution of sentence of imprisonment in special cases.— Whenever, in the opinion of an air 
or other officer commanding a group, any sentence or portion of a sentence of imprisonment cannot for 
special  reasons,  conveniently  be  carried  out  in  a  military  or  air  force  prison  or  in  air  force  custody  in 
accordance  with  the  provisions  of  section  166  such  officer  may  direct  that  such  sentence  or  portion  of 
sentence shall be carried out by confinement in any civil prison or other fit place.  

49 

 
169.  Conveyance  of  prisoner from  place  to  place.—A person under sentence of transportation or 

imprisonment  may,  during  his  conveyance  from  place  to  place,  or  when  on  board  a  ship,  aircraft,  or 

otherwise, be subjected to such restraint as is necessary for his safe conduct and removal. 

170. Execution of sentence of detention.—Whenever any sentence of detention is passed under this 

Act,  or  whenever  any  sentence  of  death,  transportation  or  imprisonment  is  commuted  to  detention,  the 

sentence  shall  be  carried  out  by  detaining  the  offender  in  any  military  or  air  force  detention  barracks, 

detention  cells  or  other  military  or  air  force  custody;  and  when  the  sentence  is  to  be  carried  out  by 

detention  in  any  military  or  air  force  detention  barracks,  the  commanding  officer  of  the  person  under 

sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the 

officer-in-charge of the detention barracks in which the person under sentence is to be detained and shall 

forward the person under sentence to such detention barracks with the warrant. 

171. Communication of certain orders to prison officers.—Whenever an order if duly made under 

this Act setting aside or varying any sentence, order or warrant under which any person is confined in a 

civil,  military  or  air  force  prison  or  detained  in  a  military  or  air  force  detention  barracks,  a  warrant  in 

accordance with such order shall be forwarded by the officer making the order, or his staff officer, or such 

other person as may be prescribed, to the officer in charge of the prison or detention barracks in which 

such person is confined. 

172.  Execution  of sentence  of fine.—When a sentence of fine is imposed by a court-martial under 

section 71 whether the trial was held within India or not, a copy of such sentence, signed and certified by 

the confirming officer may be sent to any magistrate in India, and such magistrate shall thereupon cause 

the  fine  to  be  recovered  in  accordance  with  the  provisions  of  the  Code  of  Criminal  Procedure,              

1898 (5 of 1898), or any corresponding law in force in 1[the State of Jammu and Kashmir*], for the levy 

of fines as if were a sentence of fine imposed by such Magistrate. 

173.  Establishment  and  regulation  of  air force prisons.—The Central Government may set apart 

any  building  or  part  of  a  building,  or  any  place  under  its  control,  as  an  air  force  prison  or  detention 

barracks for the confinement of persons sentenced to imprisonment or detention under this Act. 

174.  Informality  or  error  in  the  order  or  warrants.—Whenever  a  person  is  sentenced  to 

transportation, imprisonment or detention under this Act, and is undergoing the sentence in any place or 

manner  in  which  he  might  be  confined  under  a  lawful  order  or  warrant  in  pursuance  of  this  Act,  the 

confinement of such person shall not be deemed to be illegal only by reason of any informality or error in 

or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof 

1. Subs by the A.O.(No. 3), 1956, for “a Part B State” (w.e.f. 7-5-1955) 
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 
and Kashmir and the Union territory of Ladakh. 

50 

 
                                                           
 
such person was brought into or is confined in any such place, and any such order, warrant or document 

may be amended accordingly. 

175.  Power  to  make  rules  in  respect  of  prisons  and  prisoners.—The  Central  Government  may 
make  rules  providing.—(a)  for  the  government,  management  and  regulation  of  air  force  prisons  and 
detention barracks; 

(b) for the appointment, removal and power of inspectors, visitors, governors and officers thereof; 

(c) for the labour of prisoners undergoing confinement therein, and for enabling such prisoners 

or, persons to earn by special industry and good conduct; a remission of a portion of their sentence; 

(d)  for  the  safe  custody  of  such  prisoners  or  persons  and  the  maintenance  of  discipline  among 
them  and  the  punishment,  by  personal  correction,  restraint  or  otherwise,  of  offences  committed  by 
them; 

(e)  for the application to  air force prisons  or  detention  barracks  of any  of the  provisions  of the 
Prisons  Act,  1894  (9  of  1894),  relating  to  the  duties  of  officers  of  prisons  and  the  punishment  of 
persons not being prisoners; 

(f)  for  the  admission  into  any  prison,  at  proper  times  and  subject,  to  proper  restrictions,  of 
person's with whom prisoners may desire to communicate and for the consultation by prisoners under 
trial' with their legal advisers without the presence as far as possible of any third party within hearing 
distance. 

176.  Restriction  of  rule-making  power  in  respect  to  corporal  punishment.—Rules  made  under 
section  175  shall  not  authorise  corporal  punishment  to  be  inflicted  for  any  offence,  nor  render  the 
imprisonment more severe than it is under any law for the time being in force relating to civil prisons in 
India. 

CHAPTER XIV 

PARDONS REMISSIONS AND SUSPENSIONS 

177. Pardon and  remission.—When any person subject to this Act has been convicted by a court-
martial  of  any  offence,  the  Central  Government, 1[the  Chief  of  the  Air  Staff],  an  air  or  other  officer 
commanding a group or the prescribed officer, may— 

(a) either  with  or  without conditions  which the  person  sentenced  accepts, pardon  the person  or 

remit the whole or any part of the punishment awarded; or 

(b) mitigate the punishment awarded; or 

(c) commute such punishment for any less punishment or punishments mentioned in this Act: 

Provided that a sentence of transportation shall not be commuted for a sentence of imprisonment 
for a term exceeding the term of transportation awarded by the court; and a sentence of imprisonment 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955). 

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shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment so 
awarded; 

(d) either with or without conditions which the person sentenced accepts, release the person on 

parole. 

178. Cancellation of conditional pardon, release on parole or remission.—(1) If any condition 
on which a person has been pardoned or released on parole or a punishment has been remitted is, in 
the  opinion  of  the  authority  which  granted  the  pardon,  release  or  remission,  not  fulfilled,  such 
authority may cancel the pardon, release or remission, and thereupon the sentence of, the court shall 
be carried into effect as if such pardon, release or remission had not been granted. 

(2) A person whose sentence of transportation, imprisonment or detention is carried into effect under 

the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence. 

179.  Reduction  of warrant  officer  or  non-commissioned officer.—When under the provisions of 
section  79  a  warrant  officer  or  a  non-commissioned  officer  is  deemed  to  be  reduced to the ranks,  such 
reduction  shall,  for  the  purpose  of  section  177,  be  treated as  a  punishment  awarded  by  a  sentence of a 
court-martial. 

180. Suspension of sentence of transportation, imprisonment or detention.—(1) Where a person 
subject  to  this  Act  is  sentenced  by  a  court-martial  to  transportation,  imprisonment  or  detention,  the 
Central  Government, 1[the  Chief  of  the  Air  Staff]  or  any  officer  empowered  to  convene  a  general  or  a 
summary general court-martial may suspend the sentence whether or not the offender has already been 
committed to prison or to air force custody. 

(2) The authority or officer specified in sub-section (1) may in the case of an offender so sentenced 
direct  that,  until  the  orders  of  such  authority  or  officer  have  been  obtained,  the  offender  shall  not  be 
committed to prison or to air force custody. 

(3)  The  powers  conferred  by  sub-sections  (1)  and  (2)  may  be  exercised  in  the  case  of  any  such 

sentence which has been confirmed, reduced or commuted. 

181.  Orders  pending  suspension.—A  confirming  officer  may,  when  confirming  any  sentence 
referred to in section 180, direct that the offender be not committed to prison or to air force custody until 
the orders of the authority or officer specified in section 180 have been obtained. 

182. Release on suspension.—Where a sentence is suspended under section 180, the offender shall 

forthwith be released from custody. 

183.  Computation  of  period  of  suspension.—Any  period  during  which  the  sentence  is  under 

suspension shall be reckoned as part of the term of such sentence. 

184. Order after suspension.—The authority or officer specified in section 180, at any time while a 

sentence is suspended, order— 

(a) that the offender be committed to undergo the unexpired portion of the sentence, or 

(b) that the sentence be remitted. 

1. Subs. by Act 19 of 1955, s. 2 and the Schedule “the Commander-in-Chief” (w.e.f. 7-5-1955) 

52 

 
                                                           
185. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case 
may at any time, and shall, at intervals of not more than four months, be reconsidered by the authority or 
officer specified in section 180, or by any air or other officer not below the rank of squadron leader duly 
authorised by the authority or officer specified in section 180. 

(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of 
the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the 
matter to the authority or officer specified in section 180. 

186. Fresh  sentence  after  suspension.—Where an offender, while a sentence on him is suspended 

under this Act, is sentenced for any other offence, them— 

(a)  if  the  further  sentence  is  also  suspended  under  this  Act,  the  two  sentences  shall  run 

concurrently; 

(b) if the further sentence is for a period of three months or more and is not suspended under this 
Act, the offender shall also be committed to prison or air force custody for the unexpired portion of 
the previous sentence, but both sentences shall run concurrently; and 

(c) if the further sentence is for a period of less than three months and is not suspended under this 
Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject 
to any order which may be passed under section 184 or section 185, continue to be suspended. 

187.  Scope  of  power  of  suspension.—The  powers  conferred  by  sections  180  and  184  shall  be  in 

addition to and not in derogation of, the power of mitigation, remission and commutation. 

188. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence 
the punishment of dismissal has been awarded by a court-martial, and such other sentence is suspended 
under section 180, then, such dismissal shall not take effect until so ordered by the authority or officer 
specified in section 180. 

(2)  If  such  other  sentence  is  remitted  under  section  184,  the  punishment  of  dismissal  shall  also  be 

remitted. 

CHAPTER XV 

RULES 

189.  Power  to  make  rules.—(1)  The  Central  Government  may  make  rules  for  the  purpose  of 

carrying into effect the provisions of this Act. 

(2)  Without  prejudice  to  the  generality  of  the  power  conferred  by  sub-section  (1),  the  rules  made 

thereunder may provide for— 

(a) the removal, retirement, release or discharge from the service of persons subject to this Act; 

(b) the amount and incidence of fines to be imposed under section 90; 

(c)  the  specification  of  the  punishment  which  may  be  awarded  as  field  punishments  under 

sections 77 and 82; 

(d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and 

the administration of oaths or affirmations by such courts; 

53 

 
(e) the convening and constituting of court-martial and the appointment of prosecutors at trials by 

court-martial; 

(f) the adjournment, dissolution and sitting of court-martial; 

(g)  the  procedure  to  be  observed  in  trials  by  court-martial  and  the  appearance  of  legal 

practitioners thereat; 

(h) the confirmation, revision and annulment of, and petitions against the findings and sentences 

of court-martial: 

(i) the carrying into effect of sentences of court-martial; 

(j)  the  forms  of  orders  to  be  made  under  the  provisions  of  this  Act  relating  to  court-martial, 

transportation, imprisonment and detention; 

(k)  the  constitution  of  authorities,  to  decide  for  what  persons,  to  what  amounts  and  in  what 
manner, provision should be made for dependents under section 100 and the due carrying out of such 
decisions; 

(l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers 

and non-commissioned officers of the regular Army, Navy and Air Force when acting together; 

(m) any other matter directed by this Act to be prescribed. 

190. Power to make regulations.—The Central Government may make regulations for all or any of 

the purposes of this Act other than those specified in section 189. 

191.  Publication  of  rules and  regulations  in  Gazette.—All rules and regulations made under this 
Act shall be published in the Official Gazette and, on such publication, shall have effect as if enacted in 
this Act. 

1[191A.  Laying  of  rules  and  regulations  before  Parliament.—Every  rule  and  every  regulation 
made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, 
while it is in session, for a total period of thirty days which may be comprised in one session or in two or 
more successive sessions, and if, before the expiry of the session immediately following the session or the 
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or 
both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter 
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such 
modification or annulment shall be without prejudice to the validity of anything previously done under 
that rule or regulation.] 

192.  [Repeal.][Rep.  by  the  Repealing  and  Amending  Act,  1957  (36  of  1957),  s.  2  and  the  First 

Schedule (w.e.f.17-9-1957). 

CHAPTER XVI 

TRANSITORY PROVISIONS 

193.  Definition  of  “British  officer.—(1)  In  this  Chapter  “British  officer”  means  a  person  of  non-

Indian domicile holding a commission in His Majesty's Air Force and serving in the Air Force. 

(2) The expression “superior officer” in this Act shall be deemed to include a British officer. 

194. Powers of British officer.—A British officer shall have all the powers conferred by this Act on 

an officer of corresponding rank or holding a corresponding appointment. 

1. Ins by Act 4 of 1986, s. 2 and the Schedule ( w.e.f. 15-5-1986). 

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