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THE ARMY ACT, 1952

(ACT NO. XXXIX OF 1952)
  Part No : Chapter No : Section No: [ 13th May, 1952  
  
     An Act to consolidate and amend the law relating to the Bangladesh Army. 1 2 3
 
    WHEREAS it is expedient to consolidate and amend the law relating to the Bangladesh Army;



It is hereby enacted as follows:-
 
CONTENTS
 
SECTIONS
 
CHAPTER I
PRELIMINARY
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
CHAPTER II
APPOINTMENT, ENROLMENT AND ATTESTATION
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.]
CHAPTER III
TERMINATION OF SERVICE
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
CHAPTER IV
SUMMARY REDUCTION AND PUNISHMENT OTHERWISE THAN BY SENTENCE OF COURT MARTIAL
21. [Reduction of non-commissioned officers]
22. Reversion of an acting non-commissioned officer
23. Minor punishments
CHAPTER V
OFFENCES
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
CHAPTER VI
PUNISHMENTS
60. Punishments
61. Field punishment
62. Special provisions regarding sentences
63. Retention in the ranks of person convicted on active service
CHAPTER VII
PENAL DEDUCTIONS
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
CHAPTER VIII
ARREST AND PROCEEDINGS BEFORE TRIAL
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
CHAPTER IX
COURTS MARTIAL
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
CHAPTER X
CONFIRMATION AND REVISION OF FINDING AND SENTENCES
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
CHAPTER XI
EXECUTION OF SENTENCES
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
CHAPTER XII
PARDONS, REMISSIONS AND SUSPENSION
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
CHAPTER XIII
PROPERTY OF DECEASED PERSONS, DESERTERS AND LUNATICS
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
CHAPTER XIV
MISCELLANEOUS PRIVILEGES
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
CHAPTER XV
RULES
176. Power to make rules
176A. Power to make regulations
177. [Omitted.]
CHAPTER XVI
TRANSITORY PROVISIONS
178. [Omitted.]
179. [Omitted.]
SCHEDULE
 
 

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