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

109. A general court-martial may be convened by the Chief of Air Staff, or by any officer empowered in this behalf by warrant of the Chief of Air Staff.

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

111. A warrant issued under section 109 or section 110 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.

112. The following authorities shall have the 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 Air Staff; (b) on active service, the officer commanding the forces in the field, or any officer empowered by him in this behalf; (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, to try the alleged offender by a general court-martial.

113. 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.

114. 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.

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

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

117. A general or field general court-martial shall have power to try any person subject to this Act for any offence punishable therein and to pass any sentence authorised thereby.

118. A district court-martial shall have power to try any person subject to this Act other than an officer or ¹[master warrant 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 or imprisonment for a term exceeding two years.

119. 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 by a criminal Court or be dealt with in respect of it under the said sections.

120. (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 or section 52. (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 any enemy territory, or in evading arrest after the commission of the offence, shall be excluded. (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 Bangladesh regular forces.

121. (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 had 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 has 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 criminal 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 imprisonment, this Act shall apply to him during the term of his sentence, though he is 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 the Act. (6) When a person subject to this Act is sentenced by a court-martial to death, this Act shall apply to him till the sentence is carried out.

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

123. 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 Air Force authority to decide before which court the proceedings shall be instituted, and if that authority decides that they shall be instituted before a court-martial, to direct that the accused person shall be detained in Air Force custody. Explanation.- In this section the term “court-martial” shall include an officer exercising authority under section 82 or section 86.

124. (1) When a criminal court having jurisdiction is of opinion that proceedings ought to be instituted before itself in respect of any civil offence, it may, by written notice, require the prescribed Air Force authority at the option of such authority 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 authority 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.

125. [Trial by court-martial no bar to subsequent trial by criminal court.- Omitted by section 20 of the Pakistan Air Force (Amendment) Act, 1967 (Act No. VI of 1967).]