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The Army Act, 1952

( ACT NO. XXXIX OF 1952 )

[ 13th May, 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.
  • 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)
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Ministry of Law, Justice and Parliamentary Affairs