80. For the purposes of this Act, there shall be four kinds of courts martial, that is to say,-(1) general courts martial; (2) district courts martial;(3) field general courts martial; and(4) summary courts martial.

81. A general court martial may be convened by the Chief of Army Staff or by an officer empowered in this behalf by warrant of the Chief of Army Staff.

82. A district court martial may be convened by an authority having power to convene a general court martial or by an officer empowered in this behalf by a warrant of any such authority.

83. A warrant issued under section 81 or section 82 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.

84. The following authorities shall have power to convene a field general court martial, namely:-(a) an officer empowered in this behalf by an order of the Government or of the Chief of Army Staff;(b) on active service, an officer commanding a portion of the Bangladesh Army, not below the rank of ¹[Brigadier General], if in the opinion of such officer commanding, such opinion to be recorded in writing and to be conclusive, it is not practicable with due regard to discipline and the exigencies of the service to try the alleged offender by a general court martial.

85. 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 captain.

86. A district court martial shall consist of not less than three officers each of whom has held a commission for a continuous period of not less than two years.

87. A field general court martial shall consist of not less than three officers.

88. (1) A summary court martial may be held by the commanding officer of any corps or unit or any detachment thereof. (2) At every summary court martial, the officer holding the trial shall alone constitute the court, but the proceedings shall be attended throughout by two officers, or two junior commissioned officers, or one officer and one junior commissioned officer, who shall not as such be sworn or affirmed.

89. (1) If a court martial after the commencement of a trial is reduced below the smallest number of officers of which it is by this Act required to consist, 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, the 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 inexpedient to continue the trial. (4) Where a court martial is dissolved under this section, the accused may be tried by a fresh court martial.

90. Where 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 summarily dealt with for an offence under section 23, he shall not be liable to be tried again for the same offence by a court martial or be dealt with summarily in respect of it under the said section.

91. (1) No trial by court martial of any person subject to this Act for any offence, other than an offence of desertion or fraudulent enrolment or any of the offences mentioned in section 31 or section 40, shall be commenced after the expiration of three years from the date of such offence and no such 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 Bangladesh regular forces. (2) In the computation of the period of three years specified in sub-section (1) any time spent by the person in question as a prisoner of war, or in evading arrest, shall be excluded.

92. (1) Where an offence has 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 military custody and tried and punished for such offence as if he had continued to be so subject. (2) No such person shall be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this Act: Provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of desertion, fraudulent enrolment, or for any of the offences mentioned in section 31 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a court martial.

93. Any person subject to this Act who commits any offence against it may be tried and punished for such offence in any place whatever.

94. When a criminal court and a court martial have each jurisdiction in respect of a civil offence, it shall be in the discretion of the prescribed officer to decide before which court the proceedings shall be instituted and, if that officer decides that they shall be instituted before a court martial, to direct that the accused person shall be detained in military custody.

95. (1) When a criminal court having jurisdiction is of the opinion that proceedings ought to be instituted before itself in respect of any civil offence, it may, by written notice, require the prescribed officer, 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 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 Government, whose order upon such reference shall be final.

96. Where a person subject to this Act is acquitted or convicted of an offence by a court martial, a criminal court shall be debarred from trying him subsequently for the same offence or on the same facts.

²[96A. For the purposes of sections 94 and 96, the term “court martial” shall include an officer exercising authority under section 23.]

97. A general or field general court martial shall have power to try any person subject to this Act for any offence made punishable therein, and to pass any sentence authorised by this Act.

98. A district court martial shall have power to try any person subject to this Act, except ³[an officer or junior commissioned officer], for any offence made punishable therein, and to pass any sentence authorised by this Act other than a sentence of death or transportation or rigorous imprisonment for a term exceeding two years.

99. A summary court martial may try any offence punishable under any of the provisions of this Act: Provided that when there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a district court martial, or on active service a field general court martial, for the trial of the alleged offender, an officer holding a summary court martial shall not try without such reference any of the following offences, namely:-(a) any offence punishable under sections 24, 31 and 59;or(b) any offence against the officer holding the court.

100. A summary court martial may try any person subject to this Act and under the command of the officer holding the court, except ⁴[an officer or junior commissioned officer].

101. A summary court martial may pass any sentence which may be passed under this Act, except a sentence of death or transportation or of rigorous imprisonment for a term exceeding one year: Provided that if the officer holding the summary court martial is below the rank of Major, he shall not award rigorous imprisonment for a term exceeding three months.

102. The president of a general, district or field general court martial shall be appointed by order of the authority convening the court.

103. Every general court martial shall, and every district or field general court martial may, be attended by a judge advocate, who shall be an officer belonging to the department of the Judge Advocate General, Bangladesh Army or, if no such officer is available, a person appointed by the convening officer.

104. (1) At all trials by general, district or field general court martial, as soon as the court is assembled, the names of the president 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 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, decide on the objection in the absence of the challenged officer. (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 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.

105. (1) Every decision of a court martial shall be passed by an absolute majority of votes; and where there is an equality of votes, as to either finding or sentence, the decision shall be in favour of the accused: Provided that no sentence of death shall be passed without the concurrence, in the case of a general court martial of at least two-thirds of the members and, in the case of a field general court martial of all the members, of the court. (2) In matters other than a challenge or the finding or sentence, the president shall have a second or casting vote.

106. An oath or affirmation in the prescribed form shall be administered to every member of every court martial before the commencement of the trial.

107. After the members of the court have been sworn or affirmed, an oath or affirmation in the prescribed form shall be administered to the following persons or such of them as are present at the court martial:-(a) judge advocate;(b) officer attending for the purpose of instruction;(c) shorthand writer;(d) interpreter.

108. Every person giving evidence at a court martial shall be examined on oath or affirmation and shall be duly sworn or affirmed in the prescribed form: Provided that where a court martial is satisfied that a child of tender years is unable to understand the nature of an oath or affirmation, it may dispense with the administration of oath or affirmation.

109. (1) The convening officer, the president of a court martial or a court of inquiry, 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 thing. (2) In the case of a witness amenable to military, naval or 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 document or thing in his possession or power, the summons shall describe it with reasonable precision. (5) Nothing in this section shall be deemed to affect the Evidence Act, 1872, sections 123 and 124, or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. (6) If any document in such custody is, in the opinion of any district 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. (7) 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, high court or court of session.

110. (1) Whenever, in the course of a trial by a 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, if it thinks necessary, issue a commission in the manner specified in Chapter XL of the Code of Criminal Procedure, 1898, according as the witness resides in a place in or outside Bangladesh. (2) The court may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. (3) Such a commission shall be executed by the magistrate or officer to whom it is issued in the same manner as if it was issued in the trial of a warrant case under the Code of Criminal Procedure, 1898, or of any corresponding law in force at the place where the evidence is recorded; and shall be returned, together with the deposition of the witness examined thereunder, to the Judge Advocate General. (4) The Judge Advocate General will forward the same to the court martial who issued it or, if the said court martial is in the meanwhile dissolved, to another court martial convened for the trial of the accused in respect of the same charge and any deposition so taken shall be recorded in evidence and shall form part of the proceedings of the court. Explanation.- The expression “Judge Advocate General” means the Judge Advocate General, Bangladesh Army, and includes a Deputy Judge Advocate General.

111. (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 any one of the offences specified in clauses (a) and (b) of section 40 may be found guilty of any other of these offences with which he might have been charged. (4) A person charged before a court martial with an offence punishable under section 59 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, had been applicable. (5) 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. (6) A person charged before a court martial with any offence under this Act may be found guilty of having attempted to commit, or of abetment of, that offence although the attempt or abetment is not separately charged. (7) A person charged before a court martial with using or attempting to use, criminal force, to his superior officer, knowing or having reason to believe him to be such may be found guilty of having committed an assault on such superior officer.

112. Subject to the provisions of this Act, the rules of evidence in proceedings before courts martial shall be the same as those which are followed in criminal courts.

113. A court martial may take judicial notice of any matter within the general military knowledge of the members.

114. In any proceedings under this Act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the ⁵[service of the Republic] 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 proved.

115. (1) Any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this Act, be evidence that the person enrolled gave the answers which he is therein represented as having given. (2) The enrolment of such person may be proved by the production of his enrolment paper 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.

116. (1) A letter, return or other document with respect to a person,(i) having, or not having, at any time served in, or been discharged from any part of the armed forces of Bangladesh, or(ii) having, or not having, held any rank or appointment in, or been posted or transferred to any part of such forces, or having or not having served in any particular country or place, or(iii) being, or not being, authorised to use or wear any naval, military or Air force decoration, medal, metal ribbon, badge, wound stripe or emblem, the use or wearing of which by an unauthorised person is, by any law in force for the time being, an offence,if purporting to be signed by or on behalf of a Secretary to the Government, or on behalf of the Bangladesh Military, Naval or Air Force Headquarters, or by the commanding officer or the officer or record officer having the custody of the records of any portion of those forces or of any of the ships of Bangladesh Navy to which such person appears to have belonged, or alleges that he belongs or had belonged, shall, be evidence of the facts stated in such letter, return or other document. ⁶[(2) Any 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 junior commissioned officers therein mentioned, and of any appointment held by such officers or junior commissioned officers and the corps, unit, battalion, ship, arm, branch or department of the service to which such officers junior commissioned officers 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 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 thereby stated. (4) A copy of any record in any service book purporting to be certified to be a true copy by the officer having the custody of such book shall be evidence of such record. (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, or has been apprehended by, any officer, or any portion, of the armed forces of Bangladesh, a certificate purporting to be signed by such officer, or by the commanding officer of that portion of the armed forces and stating the fact, date and place of such surrender or apprehension, 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 on arrest or surrender been taken to a police station in Bangladesh, a certificate purporting to be signed by the officer-in-charge of that police station, and stating the fact, date and place of such surrender or apprehension 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 the Government of Bangladesh 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.

117. (1) If at any trial, or other proceedings, for desertion or absence without leave, overstaying leave, or not re-joining when warned for service, the accused states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the ⁷[service of the Republic] or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court or officer conducting the proceedings shall address such officer and adjourn the court or proceedings until his reply is received. (2) The written reply of any officer so addressed shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court or officer conducting the proceedings. (3) If the court martial is dissolved before receipt of such reply or if it omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial by the same or another court martial.

118. (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, and may further inquire 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, service 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. (3) At a summary court martial, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.