The Army Act, 1952

( ACT NO. XXXIX Of 1952 )

An Act to consolidate and amend the law relating to the Bangladesh Army. 12

 
 
 
WHEREAS it is expedient to consolidate and amend the law relating to the Bangladesh Army;
 
 
 
 
It is hereby enacted as follows:-
 
 
 

CONTENTS

SECTIONS

1. Short title and commencement

2. Persons subject to the Act

2A. Secondment to Navy or Air Force

3. Special provision as to rank in certain cases

4. Commanding officer of certain persons subject to the Act

5. Powers to apply Act to certain forces under the Government

6. [Omitted.]

7. Power to declare persons to be on active service

8. Definitions

9. [Omitted.]

9A. [Omitted.]

10. Ineligibility of aliens for service in the Army

11. Procedure before enrolling officer

12. Enrolment

13. Presumption of validity of enrolment in certain cases

14. Persons to be attested

15. Mode of attestation

15A. [Omitted.]

16. Dismissal or removal by Government

17. Dismissal or removal by Chief of Army Staff, or other authorised officer

18. Retirement, release, or discharge

19. Certificate on termination of service

20. Discharge or dismissal when out of Bangladesh

21. [Reduction of non-commissioned officers]

22. Reversion of an acting non-commissioned officer

23. Minor punishments

24. Offences in relation to enemy and punishable with death

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

26. Disclosure of parole or watchword

27. Offences against property or persons of inhabitant of country where serving

28. Offences relating to sentries

29. House breaking, false alarms, unauthorised disclosures, punishable more severely on active service than at other times

30. Other service offences

31. Mutiny and insubordination

32. Offences in relation to superior officers

33. Disobedience of lawful command

34. Neglect to obey orders

35. Insubordination and obstruction

36. Desertion and aiding deserters

37. Absence without leave

38. Fraudulent enrolment

39. False answers on enrolment

40. Fraudulent offence in respect of property

41. Certain forms of disgraceful conduct

42. Illegal gratification

43. Intoxication

44. Offences in relation to persons in custody

45. Loss of arms, etc., and destruction of property

46. False accusation

47. False documents

48. Signing in blank and failure to report

49. Offences in relation to courts martial

50. False statement before court martial

51. Irregular confinement

52. Unbecoming behaviour

53. Striking or ill-treating person subject to the Act

54. Unlawful detention of pay

55. Violation of good order and discipline

56. Offences relating to aircraft

57. Attempt

58. Abetment

59. Civil offences

60. Punishments

61. Field punishment

62. Special provisions regarding sentences

63. Retention in the ranks of person convicted on active service

64. Authorised deductions only to be made from pay

65. Deductions from pay and allowances

66. Pay and allowances during trial

67. Deduction from public money due, other than pay

68. Power to withhold pay and allowances pending inquiry into conduct as prisoner of war

69. Remission of deductions

70. Provision for dependents of prisoner of war from remitted deductions

71. General power to make provision for dependants

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

73. Custody of offenders

74. Duty of Commanding Officer in regard to person in custody

75. Interval between committal and court martial

76. Arrest by civil authorities

77. Capture of deserters

78. Inquiry into absence of person subject to the Act

78A. Inquiry into any other matter

Provost Marshals

79.Appointment, duties and powers of provost marshals

Constitution, Jurisdiction and Powers of Courts Martial

80. Kinds of courts martial

81. Power to convene general courts martial

82. Power to convene district courts martial

83. Limitation of powers of convening authorities

84. Power to convene field general court martial

85. Composition of general court martial

86. Composition of district court martial

87. Composition of field general court martial

88. Summary courts martial

89. Dissolution of courts martial

90. Prohibition of second trial

91. Period of limitation for trial

92. Liability of offender who ceases to be subject to the Act

93. Place of trial

94. Order in case of concurrent jurisdiction of court martial and criminal court

95. Power of criminal court to require delivery of offender

96. Trial by court martial, bar to subsequent trial by criminal court

96A. Definition of court martial

97. Powers of general and field general courts martial

98. Power of district courts martial

99. Offences triable by summary court martial

100. Persons triable by summary court martial

101. Sentence awardable by summary court martial

102. President

103. Judge Advocate

104. Challenges

105. Voting of members

106. Oaths of president and members

107. Oaths of judge advocate and others

108. Oaths of witnesses

109. Summoning witnesses and production of documents

110. Commission for the examination of witness

111. Conviction of one offence permissible on charge of another

112. Rules of evidence to be the same as in criminal courts

113. Judicial notice

114. Presumption as to signatures

115. Enrolment paper

116. Presumption as to certain documents

117. Reference by accused to Government officer

118. Evidence of previous convictions and general character

119. Finding and sentence not valid unless confirmed

120. Power to confirm finding and sentence of general court martial

121. Power to confirm finding and sentence of district court martial

122. Limitation of powers of confirming authority

123. Power to confirm finding and sentence of field general court martial

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

125. Confirmation of finding and sentence on board a ship

126. Revision of finding and sentence

127. Finding and sentence of a summary court martial

128. Transmission of proceedings of a summary court martial

129. Substitution of a valid finding or sentence for an invalid finding or sentence

130. Provision in the case of accused being lunatic

131. Remedy against finding and sentence of court martial

132. Annulment of proceedings

133. Bar of appeals

134. Form of sentence of death

135. Commencement of sentence of transportation, or rigorous imprisonment or detention

136. Execution of sentence of transportation or rigorous imprisonment

137. Execution of sentence of imprisonment in special cases

138. Execution of sentence of detention

139. Interim custody of offenders sentenced to transportation

140. Conveyance of prisoner from place to place

141. Communication of certain orders to civil prison officers

142. Execution of sentence of fine

143. Pardons and remissions

144. Suspension of sentence of transportation, rigorous imprisonment or detention

145. Orders pending suspension

146. Release on suspension

147. Computation of period of sentence under suspension

148. Power to set aside suspension or to order remission

149. Periodical review of suspended sentence

150. Procedure on further sentence of offender whose sentence is suspended

151. Scope of power of suspension

152. Effect of suspension on dismissal

153. Property of deceased persons and deserters, other than officers

154. Disposal of certain property without production of probate, etc.

155. Discharge of commanding officer, prescribed person and the Government

156. Application of sections 153 to 155 to lunatics, etc.

157. Property of officers

158. Powers of Committee of Adjustment

159. Disposal of surplus by the prescribed person

160. Disposal of certain property without production of probate, etc.

161. Discharge of committee, prescribed person and the Government

162. Property in the hands of the committee or the prescribed person not to be assets at the place where the committee or the prescribed person is stationed

163. Saving of rights of representative

164. Applications of sections 158 to 163 to lunatics, etc.

165. Appointment of standing committee of adjustment when officers die or desert while on active service

166. Interpretations

167. Complaint against officers

168. Complaint by officers

169. Privileges of persons attending courts martial

170. Exemption from arrest for debt

171. Property exempted from attachment

172. Application of the last two foregoing sections to reservists

173. Priority of hearing by courts of cases in which persons subject to this Act are concerned

174. Order for custody and disposal of property pending trial in certain cases

175. Order for disposal of property regarding which offence committed

176. Power to make rules

176A. Power to make regulations

177. [Omitted.]

178. [Omitted.]

179. [Omitted.]

Schedule

SCHEDULE