INDIAN ARMY LAW BOOK IN HINDI

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Manual of Law: Indian Armed Forces (Army, Air Force, Coast Guard) Hardcover – Import, 30 Oct The laws governing the armed forces are of concern not just to members of the armed forces, but to every Indian. This is the first attempt to deal with the laws relating to the Indian. kaz-news.info - download A Handbook of Military Law: Reference Manual: 1 book online at best Manual of Law: Indian Armed Forces (Army, Air Force, Coast Guard). The appendix contains a description of the military law. As implemented in the application easy search. Read more. Collapse.


Indian Army Law Book In Hindi

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An Act to consolidate and amend the law relating to the government of the regular . commissioned officer in the regular Army or the Indian Reserve Forces , and .. with the press or to publish or cause to be published any book, letter or other. Armed Forces Special Powers Act (in Hindi). Shivam Bajpai. k followers. Follow. (23 ratings). Write a review. Operations by Indian Army (in Hindi). Book Source: Digital Library of India Item kaz-news.infoioned: kaz-news.infoble.

Finding of insanity. The Judge-Advocate, if any, or the presiding officer or in the case of summary Court-Martial, the officer holding the trial, shall record or cause to be recorded such brief reasons in the proceedings.

Army Act - India

Copy of proceedings not to be given in certain cases. Provided that if the Central Government is satisfied that the person demanding the copy is desirous of submitting a petition in accordance with the Act or instituting any action in a Court of law in relation to the finding or sentence, it shall permit inspection of the proceedings to such person or his legal adviser, if any, on the following conditions, namely: The foregoing rules in this Chapter shall not, save as hereinafter mentioned apply to a summary general Court-Martial which shall be subject to the following rules, namely: Such officers should have held commission, for not less than one year, but, if any officers are available who have held commissions for not less than three years they should be selected in preference as officers of less service.

Opportunity for petition against sentence of death. Death warrant. Execution of sentence of death. The following persons shall attend the execution of the sentence of death: Courts of inquiry.

The presiding officer and members of Court may belong to any Regiment or Corps of the service according to the nature of the investigation.

The officer who assembled the Court shall also record his own opinion on these points. Proceedings of Court of inquiry not admissible in evidence. Provided that nothing in this rule shall prevent the proceedings from being used by the prosecution or the defence for the purpose of cross-examining any witness. Right of certain persons to copies of statements and documents.

A copy of every such order shall forthwith be sent to the Central Government;.

An officer having power not less than an officer commanding a division may, however, empower such officer to award imprisonment and detention to the full extent:. Prescribed officer under sections 90 i and 91 i. Prescribed authorities under section Prescribed officer under section The accused shall be confined in such manner as may, in the opinion of the proper military authority, be best calculated to keep him securely without unnecessary harshness, as he is not to be considered as a criminal but as a person labouring under a disease.

Provided that, when the officer who held the trial is himself the commander of such area, he shall forward the proceedings to superior authority. When the trial is held on board a ship the prescribed officer shall be the officer commanding the troops on board the ship or the officer who would have had power to deal with the proceedings had the trial been held at the port of disembarkation:. Provided that, when the officer who held the trial is himself the officer commanding the troops on board the ship, he shall forward the proceedings to the authority at the port of disembarkation.

The prescribed periods for which persons shall be enrolled are stated in the appropriate orders of the Central Government; and save as is hereinafter provided, no person shall, by reason of an error of his enrolment paper or otherwise, be compelled to serve for a period longer than that for which he should have been enrolled though he may do so voluntarily, provided his services are required.

Manual Of Indian Military Law ()

No ……………………………Name……………………………….. Transfer to the Reserve shall be in the lowest rank and subject to the regulations for the Reserve you will be liable to be transferred thereto on completion of the aforesaid period of Army Service or of any period of extension of Army service. If you are not then transferred to the Reserve and are not permitted to extend or further extend your period of Army service you will be discharged subject to the conditions stated above.

If on completion of any period of Army service you are a substantive non-commissioned officer you shall have the right to extend your Army service for the total period of service for which you are liable under this enrolment, or, if permitted to do so, you may extend your Army service by such specified period as may be fixed, If, on completion of the aforesaid period of Army service or of any period of extension of Army service you are not a substantive non-commissioned officer you will, if efficient and of good character, and not transferred to the Reserve, be permitted to extend your Army service by such specified period as may be fixed.

If on the completion of the aforesaid total period of service you are in Army service and continue to serve therein you will, subject to the provisos stated above, be entitled to receive your discharge within three months from the date of applying for it.

When you have served for………….. The conditions of service for which he is now enrolled were read and explained to the above named person by me or in my presence. After having cautioned him that if he made a false answer to any of the above question Nos. I put all the above questions to him and his answer to each question has been duly entered as replied to. I am satisfied that he fully understands all the questions put to him and consents to the conditions of service.

Signed at………..

I agree to extend my Army service for the whole period of my enrolment instead of being transferred to the Reserve. Signed in my presence at………. I agree to extend my Army service for…………years with liability to transfer to the Reserve until I have completed the total period of service for which I am liable under this enrolment. Signed in my presence at …………this……………day of……………. Signed in my presence at…………. Signed in my presence at…………..

Name ………………. Signed at………………this……………….. I will be entitled to receive my discharge at any time unless war is imminent or existing provided that, if I am discharged at my own request before having served two years in the Reserve exclusive of any portion of the period of my enrolment, I will, before being so discharged, refund the amount expanded on my passage consequent on my transfer to the Reserve.

I am aware that I am liable to be discharged at any time, should Government no longer require my services. On being transferred to Army service at my own request for a period of………….. I am liable on completion thereof or of any period of extension thereof, to be transferred to the Reserve for the remainder, if any, of the total period of my enrolment, but have no right to be so re-transferred, and am liable to be discharged at any time should Government no longer require my services.

When I have served………….. Signed in my presence at ……….. On being transferred to Army service at my on request I consent to the conditions as to discharge accepted by me on my enrolment into the Reserve being cancelled and to the conditions contained in this enrolment form for persons enrolled for Army service and Reserve service being substituted for them; my period of service to be for not less than…………..

Signed in my presence at …………. Signed in my presence at ………….. Signed in my presence at……………this………….. Deletions will be signed by the commanding officer. The minimum measurement will be taken after the breath has been expelled from the chest and the maximum, when the chest is fully expanded. There should be a difference of at least two inches between the minimum and maximum measurements. I certify that I am not in possession of any documentary evidence regarding my age or date of birth. I further certify that I am aware that my age as assessed by the enrolling officer is ……………years as on the date of enrolment and my date of birth as calculated from the assessed age under the rule is……………..

The prescribed periods for which person shall be enrolled are stated in the appropriate orders of the Central Government; and save as is hereinafter provided no person shall, by reason of an error in his enrolment paper or otherwise, be compelled to serve for a period longer than that for which he should have been enrolled though he may do so voluntarily, provided his services are required. When you have served for………………….. Signed at………. Signed in my presence at …………….

Signed in my presence at……………. I agree to serve in……………. Corps for……….. The minimum measurement will be taken after the breath has been expelled from the chest and maximum, when the chest is fully expanded. I further certify that I am aware that my age as assessed by the enrolling officer is……………………. The accused, No.

The Punjab Regiment attached 2nd Battalion. The Dogra Regiment, is charged with: To be tried by a District Court-Martial Sd. Veer Pratap Lt.

Spreading reports calculated to create unnecessary occasioning a false alarm in. Military naval air. Making at the time of enrolment wilfully false answer to a question set forth in the prescribed form of enrolment which was put to him by the enrolling officer before whom he appeared for the purpose of being enrolled.

Attempting to specify offence attempted and in such attempt doing an act towards the commission of the same. Abetment of an offence specified in section specify the section and sub-section of the Army Act in consequence of which abetment such offence was committed. Abetment of an offence specified in section specify the section and sub-section of the Army Act and punishable with imprisonment in consequence of which abetment such offence was not committed.

Committing a civil offence, that is to say state the offence as described in Indian Penal Code or other law in force in India , contrary to section ………………… specify the section of the Indian Penal Code of other law. The following specimen charges which are not, however, prescribed in any rules may be found useful. Only statements of offences and particulars of the charges have been given. Think of your wife and children. The Dogra Regiment was moving to ……………on……………….

Rank …………………….. Name……………………, of………………….. Note 1. Occasionally, however, these facts are not material, and proof of them cannot be obtained without inconvenience to the public service and great delay.

In such cases they need not be proved, and should, therefore, not be averred in the particulars of the charge. Note 2. It is immaterial whether the rifle is the one issued to the accused or to a comrade.

With respect to a case in which the accused has been apprehended by the civil police. Rank ………………………Name…………………. Rank …………………. Regiment had been ordered on active service, failed, without sufficient cause, to rejoin the said Regiment without delay. S at…………………, on………………………, when ordered by No……………..

Corps to assist him in arresting No……………………….. Regiment, an offender, refused to do so. Regiment, enrolled himself in the…………………………. Branch which was dishonoured when presented, well knowing that he had not sufficient funds in the said branch of the Bank to meet the said cheque, and having no reasonable grounds for supposing that the said cheque would be honoured when presented.

Rank……………… Name………………………….. Regiment, wilfully released, without proper authority, No ……………………. Regiment, allowed the said …………………………. Occasionally, proof of them cannot be obtained.

In such cases the particulars of the charge need that the accused was deficient of the property in question on a specified date. C ………………………….. Regiment who was investigating a claim to family pension preferred by Shri inhabitant of………………………stated that he knew the said Shri C to be the father of late Sepoy ……………………Regiment well knowing such statement to be false, and consequent to which a family pension of Rs ……………………….

Regiment, when legally required by the summary Court-Martial trying the said …………………………. Name………………………… of the same Regiment. Rank……………………, Name…………………….. Name………………………… of the same Regiment to commit theft of one box of ammunition, value Rs ………………………, the property of the Government in consequence of which the said……………………. Name………………………of the same Regiment by fracturing his left arm with an iron rod.

Regiment to attend at………………. I have the honour to submit…………………. Unit under my command, and request you to obtain sanction of ……………………….. Court-Martial may be assembled for his trial at…………………………. The case was investigated by a ……………………………………………………………….

A Court of inquiry b was held on …………………… date ………………………. Presiding officer……………………………. Names and corps members …………………………. His general character is c ……………………. I certify that No……………………….. There is nothing stated in the Army Rules but the following seating arrangement has been found convenient in practice: Orders by…………………………………………. Commanding by……………………………………..

The details of officers as mentioned below will assemble at ………………………on the ………………….. The proceedings of which only…………………. Signed this…………….. The number of copies of the proceedings required is two plus the number of accused persons in case of GCM and one plus the number of accused persons in case of DCM. The date of the convening order must not be prior to the date on which the order for trial was endorsed by the convening officer on the charge-sheet. Court-Martial assembled pursuant to the order of the ………………………….

Signed at…………….. Proceedings of a ……………………. Court-Martial held at……………………. Dated the ……………………. No…………………………………………………………, Rank…………………………………………………………, Name…………………………………………………………, Unit…………………………………………………………. The order convening the Court, the charge-sheet and the summary or abstract of evidence are laid before the Court.

Counsel ………………….. The order convening the Court is read and is marked ……………………. The names of the presiding officer and members of the Court are read over in the hearing of the accused and they severally answer to their names.

Do you object to be tried by me as presiding officer, or by any of the officers whose names you have heard read over? I object to ………………………………………………………………………. The accused in support of his objection to ……………………. The Court is re-opened and the accused is again brought before it. The above decision is announced in the open Court. Waiting member ……………………. The Court satisfy themselves that No …………………………..

Do you object to be tried by ……………………. What is your objection to ……………………. The Court is of the opinion that in the interests of justice and for the good of the service, it is inexpedient to adjourn for the purpose of fresh members being appointed, because here state the reasons. At ……………………. An order appointing fresh officer s is read, marked ……………………. The presiding officer and members of the Court, as constituted after the above proceedings, are as follows: The charge-sheet is signed by the presiding officer or Judge-Advocate marked B-2 and annexed to the proceedings.

Where there are alternative charges and the accused pleads guilty to the less serious charge, the Court will enter after the plea is recorded: The Court decides to disallow the objection or the Court decides to allow the objection and agrees to report to the convening authority.

The Court being re-opened, the accused is again brought before it and the above decision is announced in the open Court. The Court, being satisfied that the name or description of the accused is ……………………and not as stated in the charge-sheet, amend the charge-sheet accordingly. The Court, before any witnesses are examined, considers that, in the interests of justice, the following addition to or omission from or alteration in the charge is required set out , and adjourns to report its opinion to the convening authority.

The Court is re-opened, the accused is brought before it and the above decision is announced in open Court. Accused besides the plea of guilty or, not guilty offers a plea in bar of trial on the ground that Set out. The Court decides to allow the plea and resolve to adjourn or to proceed with the trial on another charge or the Court decides to overrule the plea. The Court is re-opened, the accused is brought before it and the above decision is announced in the open Court as being subject to confirmation.

The accused having pleaded guilty to the ……………………charge the provisions of Army Rule 52 2 are here complied with. The accused No ………………………….. Regiment …………………………. The accused may, in accordance with Army Rule 54 3 make any statement he wishes in reference to the charge. The summary or abstract of evidence is read orally translated marked ……………………….. The accused in mitigation of punishment says or, if the statement is in writing, bands in a written statement, which is read, marked ……………………signed by the presiding officer or Judge-Advocate , and attached to the proceedings.

If counsel or defending officer addresses the Court on behalf of the accused the material portions of his address should be recorded. In any case any matter which is requested by or on behalf of the accused to be recorded should be recorded, and care must be taken, whether a request is made or not, to record every points brought forward in mitigation of punishment.

The Court permits the accused to call witnesses to prove his above statement that set out the statement which is to be proved. Do you wish to apply to an adjournment on the ground that any of the rules relating to procedure before trial have not been complied with and that you have been prejudiced thereby or on the ground that you have not had sufficient opportunity for preparing your defence?

The prosecutor makes an opening address or hands in a written address, which is read orally translated , marked ……………………signed by the presiding officer or Judge-Advocate and attached to the proceedings. The Court, at the request of the accused, allows the cross-examination of the witness to be postponed.

The accused or counsel or defending officer or the prosecutor objects to the following question on the ground that Set out. The prosecutor or counsel or defending officer or accused, as the case may be, answers that Set out.

The witness, on his evidence being read to him, makes the following explanation or correction Set out.

The prosecutor and accused or counsel or defending officer decline to examine him respecting the above explanation or correction. The examination, etc. At ……………………hrs. No ………………………….. The Court adjourns until ………………………………………….

There being present …………………… not less than the legal minimum members, the trial is proceeded with. Examination cross-examination of ……………………continued. Written addresses and summing up will be read to the Court, marked and signed by the presiding officer or Judge-Advocate except summing up.

The evidence of the witnesses for the defence including witnesses as to character is recorded. Such evidence will be taken after the questions, if any, to the accused have been addressed under Army Rule 58 2 a or 59 b. The accused counsel or defending officer makes an opening address, or [hands in a written opening address which is read, marked ……………………. The accused in his defence says see Instruction 1 below or hands in a written address, which is read orally translated marked ……………………signed by the presiding officer or Judge-Advocate and attached to the proceedings.

Any matter which is requested by or on behalf of the accused to be recorded, should be recorded and care must be taken, whether a request is made or not, to record every point brought forward in the defence or in mitigation of punishment.

The presiding officer or Judge-Advocate reads and explains the provisions of Army Rule 58 2 a or 59 b. Having ascertained that the accused understands the provisions read over to him, the Court or Judge-Advocate proceeds to ask the following question:.

The Court, at the request of the accused counsel or defending officer adjourn until ……………………to enable him to prepare his address. The Court at the request of the prosecutor adjourn until ……………………to enable him to prepare his reply. The Court at the request of Judge-Advocate adjourn until ……………………to enable him to prepare his summing tip.

The accused counsel or defending officer makes the following closing address or hands in a written closing address which is read orally translated marked ……………………signed by the presiding officer or Judge-Advocate and attached to the proceedings.

The prosecutor makes the following reply or hands in a written reply which is read orally translated marked ……………………signed by the presiding officer or Judge-Advocate and attached to the proceedings. The Judge-Advocate hands in a written summing-up which is read orally translated marked ……………………signed by the presiding officer and attached to the proceedings. Care must be taken, whether request is made or not, to record every point brought forward in the defence or it mitigation of punishment.

If the address of the accused is not in writing and is delivered by himself, the material portions should be taken down in the first person and as nearly as possible in his own words. The Court find that the accused No ………………………….. The Court being re-opened, the accused is again brought before it. Signed at ……………………this……………………day of……………………20………………. The Court find as regards the ……………………charge that the accused did set out the facts which the Court find to be proved , but doubt whether the facts proved show the accused to be guilty or not of the offence charged or of the offence of which the accused might under the Act legally be found guilty on the charge as laid.

It, therefore, refers to the confirming authority for an opinion and adjourn. The Court find that the accused did set out-such particulars of the charge as the Court find to be proved , but doubt whether such facts constitute in law the offence stated in the ……………………charge or in the……………………charges.

The Court re-assemble on the ……………………day of……………………20…….. The opinion of the confirming authority is read, marked ……………………signed by the presiding officer or Judge-Advocate and attached to the proceedings.

The Court now find the accused No ………………………………. The Court now find that the accused No ……………………………… Rank………………………………. Name ………………………………….. Committed the act acts alleged as constituting the offence offences specified in the charge charges but was by reason of unsoundness of mind incapable of knowing the nature of that act or those acts or but was by reason of unsoundness of mind incapable or knowing that the act was wrong or those acts were wrong or contrary to law.

Signed at …………………… this……………………day of……………………20…….. What record have you to produce in proof of former convictions against the accused and of his character?

I produce a statement IAFD certified under the hand of the officer having custody of the Regimental or other official records. The statement is read orally translated marked ……………………. Have you compared the contents of the above statement with the Regimental or other official record?

Are they true extracts from the Regimental or other official records and is the statement of entries in the defaulter sheet a fair and true summary of those entries? The accused is entitled to call the attention of the Court to any entries in the Regimental or other official books, or in the certified copy above-mentioned, and to show that they are inconsistent with the statement. When all the evidence of the above matters has been given the accused may address the Court thereon.

The Court sentence the accused No …………………………………… Rank………………………………….. Name ………………………….. Sentences consisting party of months and partly of days should be recorded in months and days. The Court being re-opened, the accused is brought before it. Signed at …………………… this …………………… day of……………………20…….. At ……………………on the……………………day of…………………… 20……..

Present the same members and the Judge-Advocate as on the ……………………20…….. The order directing the reassembly of the Court for the revision, and giving reasons of the confirming authority for requiring a revision of the finding or finding and sentence or sentence is read, marked ……………………signed by the presiding officer or Judge-Advocate and attached to the proceedings.

Army Rule 92 4 refers. The Court having attentively considered the observations of the confirming authority and the whole of the proceedings—.

I confirm the finding s of the Court on the ……………………and……………………charges and reserve for confirmation by superior authority the findings on the ……………………charges, and the sentence:. Signed at ……………………this……………………day of……………………20……..

Promulgated and extracts taken at …………………. Proceedings of a summary Court-Martial held at ……………………on the……………………day of ………: Commanding the …………………………………………. By the Court-How say you are guilty or not guilty of the ………………………..

Are you guilty or not guilty of the …………………………………………charge preferred against you? The accused having pleaded guilty to …………………………………………charge s , the provisions of Army Rule 2 are here complied with.

The summary of evidence is read translated , explained, marked ……………………signed by the Court and attached io the proceedings. The Court, at the request of the accused, allow the cross-examination of the witness to be postponed. Hindus and Musalmans should be affirmed. Sikhs and Christians should be sworn.

Signed at ……………………this……………………day of……………………20……………………….. Commanding the …………………………………………………. I am of opinion on the evidence before me that the accused No ……………………of the ……………………is guilty of the charge all charges.

I am of opinion on the evidence before me that the accused No ……………………of the ……………………is guilty of the…………………charge s and guilty of the……………………charge with the exception of words set out is not guilty of deserting the service but is guilty of absenting himself without leave.

It is within my own knowledge from the records of the ……………………that the accused has ……………………been previously convicted by Court-Martial or Criminal Court. A separate statement giving full particulars of any previous conviction to be annexed when necessary. That the following is a fair and true summary of the entries in his defaulter sheet exclusive of convictions by a Court-Martial or a Criminal Court.

That he is at present undergoing ………………………………………………………………………. That irrespective of this trial, his general character has been ………………………………………… That his age is ……………………………his service is…………………….. Taking all these matters into consideration, I now sentence the accused No ………………….. Rank ……………………. Name……………………of the……………………. Commanding the ……………………………….. The trial closed at ……………………………………….

At place …………………… this …………………… day of………………………………20………………….. Here enter the special order if any under Army Rule and any order under Army Act, section I certify that the above Court assembled on the ……………………day of…………………… 20……..

I further certify that the members of the Court, the witnesses and the interpreter were duly sworn or affirmed. Signed at Place …………………… this……………………day of……………………20…….. I direct that the sentence of rigorous or simple imprisonment shall be carried out by confinement in military custody or in civil prison. Signed at place …………………… this……………………day of……………………20……..

Promulgated and extracts taken at ……………………this……………………day of…………………… 20………. Number ……………………. In the rank of …………………………………years………………………………….. The accused at the present time is under sentence for ……………………beginning on the ……………………day of……………………20…….. The previous convictions of the accused by a Court-Martial or a Criminal Court and summary awards under sections 83, 84 and 85 of the Army Act are set out in the Schedule annexed to the statement.

Of accused No …………………….. Name ……………………………………. Commanding …………………………………………………………. Serial No ……………………………………………….. For week ending……………………………………….. Last report submitted on ……………………………. Charges against No ………………………………..

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