In force · As amended up to 2026-08
(5) Sections relating to the estates of deceased persons, deserters and lunatics in the Army and Air Force Acts have been omitted. These will form the subject of a separate bill common to both the services."
NEW DELHI: The 16 th Decembe r, 1949.
BALDEV SINGH.
(4) The provisions of subsidiary enactments like the Indian Army (Suspension of Sentences) Act 1920, and Ordinances Nos. XXXVI of 1943 and XXXVII of 1945 relating to penal deductions of pay and allowances of prisoners of war have been incorporated in the New Army Bill.
(1) The Chapter on punishments required to be rationalised. The Indian Army Act, 1911, is on the one hand unduly severe in certain punishments and on the other, inadequate in its enumeration of offences. It also differs considerably from the Indian Air Force Act, 1932 in regard to the scale of punishments for a number of offences. The maximum punishment as now prescribed in the draft Bills varies with each offence or group of offences as in the Indian Penal Code and other penal laws of the country is in keeping with the gravity of the offence or offences in different conditions, punishments being naturally more severe, for instance, in the case of offences committed wilfully or while on active service.
(3) While absolute uniformity is neither possible nor desirable, glaring inequalities have been removed where possible, from the Army and the Air Force Acts. The Bills have been made identical in form, arrangement and matter with necessary variations in terminology and with such special provisions as were found essential.
(2) Provision has been made in the bill for the Indian States forces becoming subject to the Army Act; exclusion of aliens from service except with the consent of the Central Government; grant of commissions to officers; tenure of service at the pleasure of the Governor-General; and safeguards against improper arrest and detention of accused persons before trial. Provisions have been made for minimising chances of injustice at Court-martial and, at the same time, for enhancing the status and thereby the responsibility of these Courts.
CHAPTER II
SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES
4. Application of Act to certain forces under Central Government .—(1) The Central Government may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any force raised and maintained in India under the authority of that Government,[4] * * * and suspend the operation of any other enactment for the time being applicable to the said force.
(2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the regular Army the same or equivalent rank as the aforesaid persons hold for the time being in the said force.
1. Omitted by the Adaptation of Laws (No. 3) Order, 1956.
2. The words and letter "or the land forces of a Part B State" omitted, ibid.
3. Subs. by Act 13 of 1975, s. 3, for "all words" (w.e.f. 25-1- 1975).
4. The words "including any force maintained by a Part B State," omitted by the Adaptation of Laws (No. 3) Order, 1956.
(3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by or are in the service of or are followers of or accompany any portion of the said force as they have effect in respect of persons subject to this Act under[[1]] [clause (i) of sub-section ( 1 section (2)].
4. The following are some of the more important objects sought to be achieved:
they have effect in respect of persons subject to this Act under[[1]] [clause (i) of sub-section (1) of
(4) While any of the provisions of this Act apply to the said force, the Central Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.
5. [ Application of Act to forces of Part B States .] Omitted by the Adaptation of Laws (No. 3) Order , 1956.
Source: India Code