Print View

The Army Act, 1952

( ACT NO. XXXIX OF 1952 )

Chapter VI

PUNISHMENTS

Punishments
60. 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;
 
 
 
 
(c) rigorous imprisonment for any term not exceeding fourteen years;
 
 
 
 
(d) dismissal from the service;
 
 
 
 
(e) in the case of persons other than 1[officers or junior commissioned officers,] detention for a period not exceeding six months;
 
 
 
 
(f) 2[* * *] in the case of non-commissioned officers, reduction to the ranks or to a lower rank;
 
 
 
 
(g) in the case of officers, 3[junior commissioned officers] and non-commissioned officers, forfeiture of seniority of rank; or, in the case of any of the aforesaid whose promotion depends upon length of service, forfeiture of all or any part of the service for the purpose of promotion;
 
 
 
 
(h) forfeiture of service for the purposes of increased pay, or any other prescribed purpose;
 
 
(i) in the case of officers, 4[junior commissioned officers] and non-commissioned officers, severe reprimand or reprimand;
 
 
 
 
(j) forfeiture, fines and stoppages as follows, namely:-
 
 
 
 
(i) in the case of a person sentenced to dismissal from the service, forfeiture of all arrears of pay and allowances and other public money due to him at the time of such dismissal;
 
 
 
 
(ii) fine;
 
 
 
 
(iii) stoppages of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good;
 
 
 
 
(iv) for an offence committed on active service, forfeiture of pay and allowances for a period commencing on the day of the sentence and not exceeding three months:
 
 
 
 
Provided that,-
 
 
 
 
(1) a person shall not be sentenced to transportation or to be fined except in respect of an offence of which he is convicted under section 59 of this Act;
 
 
 
 
(2) where in respect of an offence under this Act there is specified a particular punishment or such less punishment as is in this Act mentioned, there may be awarded in respect of that offence instead of such particular punishment, but subject to the other provisions of this Act and regard being had to the nature and degree of the offence, any one punishment lower in the scale than the particular punishment; and
 
 
 
 
(3) an offender under this Act shall not be subject to detention for more than six months whether under one or more sentences.
Field punishment
61. (1) Where any person subject to this Act, 5[being below the rank of junior commissioned officer], commits any offence on active service, it shall be lawful for a court martial to award for that offence any such punishment, other than flogging, as may be prescribed as a field punishment. 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.
 
 
 
 
(2) Field punishment shall, for the purpose of commutation, be deemed to stand next below detention.
Special provisions regarding sentences
62. 6[(1) Where an officer or junior commissioned officer is sentenced to death, transportation or rigorous imprisonment, the court shall, by its sentence, sentence such officer or junior commissioned officer to be dismissed from the service.]
 
 
 
 
(2) A person subject to this Act, being below the rank of 7[junior commissioned officer] who is sentenced to transportation or rigorous imprisonment, may, in addition thereto, be sentenced to be dismissed from the service.
 
 
 
 
(3) An officer, 8[junior commissioned officers] or non-commissioned officer, when sentenced to forfeiture of seniority of rank or service for the purposes of promotion or to forfeiture of service for the purposes of increased pay, or any other prescribed purpose, may, in addition thereto, be sentenced by court martial to be severely reprimanded or reprimanded.
 
 
 
 
(4) In addition to, or without any other punishment, in respect of any offence, an offender may be sentenced by court martial to any forfeiture, fine or stoppages authorised by this Act.
 
 
(5) A non-commissioned officer sentenced by court martial to transportation, rigorous imprisonment, detention, field punishment or dismissal from the service shall be deemed to be reduced to the ranks.
Retention in the ranks of person convicted on active service
63. When, on active service, any person enrolled under this Act has been sentenced by court martial to dismissal from the service or to transportation or rigorous imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and where such person has been sentenced to transportation or rigorous imprisonment, such service shall be reckoned as part of his term or transportation or rigorous imprisonment.
 
 

  • 1
    The words “officers or junior commissioned officers,” were substituted for the words and commas “officers, junior commissioned officers or warrant officers,” by section 12 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)
  • 2
    The words, comma and semi-colon “in the case of warrant officers, reduction in grade or class; and” were omitted by section 12 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)
  • 3
    The words “junior commissioned officers” were substituted for the words and comma “junior commissioned officers, warrant officers” by section 12 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)
  • 4
    The words “junior commissioned officers” were substituted for the words and comma “junior commissioned officers, warrant officers” by section 12 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)
  • 5
    The words “being below the rank of junior commissioned officer” were substituted for the words “being below the rank of warrant officer” by section 13 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)
  • 6
    Sub-section (1) was substituted by section 14 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)
  • 7
    The words “junior commissioned officer” were substituted for the words “warrant officer” by section 14 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)
  • 8
    The words “junior commissioned officers” were substituted for the words and comma “junior commissioned officer, warrant officer” by section 14 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs