Section 137. The effects of deserters are to be publicly sold, and the proceeds: after payment of Regimeotal debts, remitted by the Officer

Chapter IV: . | Section 137 CHAPTER IV. `B ~ L > c ~ s of` the Dead. When any Officer or Soldier dies or is killed in the service, or any other Collllnandinll Officer to[person receiving public pay who ][is ][subject to these Arti- ] dead and to direct the eEects of an the incles of War in any dcpart.rnent. belonging to the Army< ventory to be taken. dies or is killed in the field, the Officer Commariding the Regiment, Corps, or Detachment, or the Officer in charge of the department to which such Officer or Soldier or other person belongs, shall, if no heir or executor be present, secure his effect+, and direct an inventory thereof to be taken. A duplicate shall be lodged in the Office of the Adjutant, or Officer in charge of the department to which such Officer, Soldier, or other person belongs. CHAPTER V. Miscekkaneous. ACT No, XXIX OF 1861. Chapter IV: . | Section 137 Commanding the forces of the Presidency within which they are serving, for all the purposes of these Articles of War, in the same manner as if they be- l ~ n g e d to suoh Fresidency ; and all the provisions of these Articles of War, wkiich relate to the trial and punishment of offenders belonging to the Presidency within which the trial is held, are hereby declared applicable to h e trial and punisl~ment of offenders serving within such Presidency. Provided that it shall be lawful for the Gaveraor-General of India in Coanoil, to direct that the troops, or an? part thereof, of any Presidency, whilst serving without the limits of such Presidency, shall continue under the orders and authority'of the Commander-Chief or Officer Cornmandisg the forces of the Presidency ;o whicll they belong for all the purposes of these Articles. ART~CLE 117. No person who shall have been acquitted or convicted by a Court Martial No person to be tried a of any offence, shall be liable to be tried a second time secolld time for the same by the same or any other Court Martial for the same offe~lce. offence. Provided that any person may be tried for the offence of murder, and punished for that oEence, notwithstanding he nmy have been tried and pnished for the act which caused death, if at the time of his conviction for the said act death shall not have resulted or shall not have been known by the Court which passed sentence to have resulted. When any person subject to these Articles of War shall have been found guilty by a Court Martial of any Military offence, such Court Martial shell enquire into and receive evidence of any previous conviction of such person before a Court Martial or a court of Justice, and shall enquire into the general character of such person, if a Soldier, for the purpose of apportioning the punishment to which he is liable, to be sentenced for t h e offence of 'which he has been so found guilty. But no such evidence shall, it1 any case, be received until the Court shall have ascertained that such person had previously to his trial received notice of the intention to produce such evidence on the same. And it is hereby directed that such notice shall be given to all persons previous to trial. Chapter IV: . | Section 137 Any Officer or Soldier, who thinks himself wronged by his Superior or Complaints agaillst su-[other Officer, is to complain thereof ][t.0 ][the Officer Com- ] perior Oflicers. mandiag his troop or company ; and if his grievance be not redressed, may further complain to the Officer Commanding the Regiment or Corps to which he belongs, who is hereby required to examine into such complaint, or remit it to his Superior Authority, as the circumstances may require. If the complaint so preferred to the Coinmanding Officer should appear to be frivolous or groundless, the Officer 01% Soldier preferring it shall be liable to be punished according to the sentellce of ,z General or other Cowt Nartial ; ~rovided that such Officer or Soldier shall not on such account be liable to be sentenced to dismissal, nor to suRer corporal punishmcl~t or ilnpriaonlncnt ~vitll hard 1.1 `d 131'.` Ally Jt `ACT` No. XXIX `OF` 1861. Chapter IV: . | Section 137 Any Officer or Soldier, who shall be taken prisoner by the enemy, shall forfeit all claim to pay and allowances during the period Prisoners of War. of his remaining a prisoner, and until he shall agaiu return to the service. I f such Officer or Soldier can then establish, before a Court Martial, that he was unavoidably taken prisoner in the bourse of service, that he resisted as long as he was able, that he did nqt serve with or assist the enemy, and that he returned as soon as possible to the service, he shall be entitled, after the finding of such Court Martial shall have been confirmed by the Commander-in-Chief of the Presidency, to receive either the whole or such portion of his arrears of pay and allowances as the local Government shall determine. * Every Officer or Soldier or follower in receipt of any public pay, who Srtbsistence allowance to[is ][imprisoned under ][the ][scntence of a Court Martial, or ][a ] prisoners not dismissed. commuted sentence, or under the sentence of a Court of Crimi,nal Judicature, shall, during the term of such imprisonment, if such imprisonment does not involve dismissal under Article 9 1, receive subsistence only, to the amount of his pay proper, according to the rates laid down in the Regulations. A ~vrrcr,~ `12 2.` `.&c.'T.` KO. .XXIS 09" 1861, ARTICLE 12%. - \ . . . . TVhen before the passihg of these Articles of W a r any Court Martiial or any Specia1:Cqmmiseioner shall have seiitellced any person .ence. of imprisoniithhardlnborpassed[subject to the Articles ][of ][W a r for the Native ] [Aymy ][in ] l'unishable firce at the .da;te of suc11 :sente&e to i.hprisoirnent with .~uple ilnpriso~llrierlt ed valid. rporal punishment, hard labor, %for -an offence for ~~hi.ch by the. Articles of War t;t~en in force .a sentei~ce . of simple imprisontnent could lawidly be passed, such sentence shall be deemed valid and effeo; and all persons are hereby.indem.nificed for any tiling done in pursuance ~ c h sentence. . . . . ARTICLE 123. . . . . CH'APTER VI. -.- . . . . Mode. of dealing with ofences not Militaqb , . . ..' . , . . . ;'.RT!CLE Ir24. -jyhen .'any, Officer !~l.:-fioldier, i,n, any place ~yit,hi,n th.e ,juaia.diction :of a n y &fis chai'g8i-l %ith Cri!ninal Court established by ger&iajesty or the &ove;n. . as rial cognizrible by; thg power to be dement of. .India or any local Governine, t, is accused of any . . 1 over tothe Elagis- , offence triaije by suchCourt,he shall `6 .` , r delivei-ed 6sir to , > a Rlagistrate to be proceeded aeiiist accordi.sg to law; All i J J .J ' J i i -.. . t 3 `R` R , `4` f I I ==> picture [145 x 19] intentionally omitted <== Chapter IV: . | Section 137 t f `6` All Officers and Soldiers are hereby required to assist' tlie Oficers of Justice in apprehending and securing any person so accused, - Chimes to be triea bv I n any place out of - - ' the British Territories in regular Criininal Tribn- Couxts Martial where n; India, such -offences, when committed by Officers or General Courts Martial shall have cognizance of Offences cognizable by General Courts Nartial. offences punishable with Death ; Transport ation ; Imprisonment for a period that may extend to seven years or to fourteen years. District or Garrison C ~ u r t s Martial shall have co~nizance. ordinarilv. U - - J J o f - - offences punisliable with imprisonment for a period which Offences cognizable by District or Garrison Courts may extend to three years. Dist~ict or Garrison Courts Y artial. .Martial shall also by special order of the Officer Commanding the forces have cognizance of gffences of which a General Court . Martial may take cogni~ance (not punishable with death or transportation for life), with power to sentence to imprisonment for any such offence for a period, which h a y extend to three years. ACT No. XXIX `OF` 1861. power to sentence persons convicted of such offences to imprisonment for a period not exceeding six calendar months. General Cor~~.bs Mu~tial. - - ARTICLE 129. Any Oficer or Soldier who shall beconvicted by a General Court Martial of causing death, shall be deemed to have Puuishment of death. committed murder- ist. . If the act by which death was caused, was done with the intention of causing death ; or 2nd. If it was done with the intention of causing sucli bodily injury as the offender knew to be likely to cause the death of the person to whom the harm mas cauael; or 3rd. If it was done with the int,ention of causing bodily injury to any person, and the bodily illjury intended to be inflicted was sufficient in the ordinary course of nature t o causz death ; or 4th. If the person committing the act, knew that it was so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death, and if lie committed' sucli act without any excuse for incurring the risk of causing death or such injury as aforesaid. ACT No. XXIX `QF` 1861. 1st. Breaking, or attempting to break, by day or night, into any dwelling-house, tent, boat, or, other habitatioa, or into any building or place used for the preservation of property, with the intent to rob or steal; - 2nd. Robbery or attempt to rob ; 3rd. Stealing or attempting to steal in a house, or from the person- Shall be sentenced by such General Court Martial to transportation for life, or for any period not less than seven years, or to impriaonmellt with hard labor for a period that may extend to fourteen years. Any Officer or Soldier who shall beconvicted by ~ a b b k r ~ , &c., accompanied with wounding, kc. `a` General Court Martial- `IIL` t ~ndlangoring life. Of any off'ence specified in Clauses `1,` 2, and 3 of the last Article, accompanied wilh wouildil~~ or other corporal injury to any person not elldnngering the life of such person ;-or Chapter IV: . | Section 137 Of robbery by open violence, or dacoity, that is to say, going forth in Robbery by open violence the day or in the night with an offensive weapon, or or dacoity. in a gang with or without an offeilsive weapon, with tlle intention of committing robbery, and hy force or intimidation robbing or attempting to rob any person in any place, or attacking by open violence any house, or place of habitation, or any place in which property may be kepl, lor the purpoke of robbery ; - or Of brealring, or attempting to break into any clmelling-house, Cent; bost, or other place of habitation, between sunset and sunliouse-brealiog by nigl~t. rise, ~vith intent to rob or steal ;--or I 5 ACT No. XXTX `03 1861.` Of breaking into any such place of habitation, or into any place used for House-breaking a n d the preservation of property, and stealing therekom stealing. property the value of which shall exceed one hundred Rupees ;-- or - & , Of purchasing or receiving plundered or stolen property, knowing it to have been obtained by robbery, by open violence, or by Buying or receiving stolen property. theft or robbery, aggravated as described in Article 130 or Article 131 ;- or ARTICLE 136. Of an urinatural crime ; - o r Unnatural crime. Rape. ARTICLE 137. Of Rape ;- Shall be sentenced by such General Court Martial to imprisonment with hard labor for a period not exceeding fourteen years, r C L . - ACT NO. XXIX OF 1861. offender intended to murder, or another ; or of atternptirlg to commit murder by any means whatsoever ; -- Shall be sentenced by such General Court Martial to imprisonment with or without hard labor for a period not exceeding fourtee11 years. Any Officer or Soldier who shall be convicted by a General Court Martial- Of premeditated affray, attended with culpable homicide not amounting to murder, or severe ~y-ounding, or other aggravating circumstance ;- or Premeditated affray. attended with Culpable Homicide. Of intentionally wounding, maiming, or otherwise doing corporal injury to any person ;- or Intentionally doing corporal, injury. Of accideritally wounding, msiming, or otherwise doing corporal injury to any person with the intention of doing such injury to another person ;--- or ~ccidentilly doing corporal injury to one person when intended to be done to another. ARTICJ~E 143. Of stealing from ally, 118bi tation, `01'` from any r)erso11, ally pro~crt,y esceedil)g three h u n d r d l'\upees in value ; L~I~TICI,E 1.45. - - , . ACT No. XXIX OF -1861. `ARTICLE 145.` Of having purchased or received any property so Buying or receiving pro?erty olrocodirlg stolen, exceeding -in vali~e three hundred Rupees, 300 Rupees in value. lrnowing it to have been stoien ;- or Arson. Of Arson ;- or Of' enticing and taking away, or of causing to be enticed or taken Enticing unmarried `WO-`[away for any unlawful purpose, any unmarried woman ] man uuder 15 years. under the age of fifteen years ; - or Stealing children under Of stealing a child under the age of eight years ; 8 years. -or Chapter IV: . | Section 137 Of counterfeiting, or causing or procuring the fraudulent fabrication or Counterfeiting or fabri-[alteration of any written deed, or printed paper of any ] cating Deed, &a. description ; or shy counterfeit seal or signature thereto ; or the illicit imitation of any public stamp or stamped paper issued by Government ; or of using, selling, or disposing of such stamped paper, knowing the same to be counterfeit ; or of frandulently issuing and publishing as true, .or of fraudulentij. giving efiect t o ally fabi-icated deed or paper knowing it to be a forgery o S n ~ . r c ~ c 1 50. ACT No. XXIX `OF` 1861. Of forging or procuring to be forged any counterfeit coin, in imitation of any of t t e gold, silver, or copper coin of the Govern- Counterfeiting Coin, &c. ment of India, or of any coin usually received as money in the British Territories in India ; or of clipping, filing, drilling, or defacing any such coin ; or of paying or tendering in payment counterfeit. Coin, Bank Motes, or other Securities for money, knowing the same to be counterfeit, although such Notes or Securities shall be incomplete ;- Shall be sentenced by such General, Court Martial to suffer imprisonment wit11 or without hard labor for any period not exceeding seven years. District or Garrison Courts Martial. i i i , s ACT No. XXIX OF 1861. Of stealing from any habitation, or from the person, any property of value not exceeding three hundred Rupees, but exceeding fifty Rupees ;-or Of having purchased or received any stolen property of value not exceeding three hundred Rupees, knowing it to have been Buying or receiving stolen property not exceedstolen, but not under circumstances ;- or ing 300 Rs, in value. `IF` Of dishonestly having stolen property in his possessio n, and of having Dishonsstly stoI- dishonestly kept possession of such property after become~ property possession ing aware of its having been stolen ; n ~ r c r s 1 5 6, A ACT Ns; XXIX OP '1861. Any Officer or solder, who shall be convicted ;- Of stealing property -not exceeding fifty Rupees in value ;- 01' Stealing property not exceeding 50 Rupees in value, Of assault or affray, unattended with homicide, severe Simple assault or affray. wounding, or aggravating circumstances- Chapter IV: . | Section 137 May be sentenced to suffer imprisonment with or without hsrd labor for any period not exceeding one year, by the award of a General, or District, ,or Garrison Court Martial; or for any period not excee8ing six calendar months, by the award of a Regimental, or Detachment, or Line Court J$artial, Punishable with imprisonment not exceeding one year ifawarded byGenera1, District, or Garrison Court Martial. or not exceeding six months if awarded by a Regime.,. al, Detachment, or Line Court Martial O$encespunishatlee by imprisonment fro& six ntontlts to two years according to the description of the Couri. Any Officer or Soldier, who shall be convicted- Resisting process of a Of resisting the process of' a Magistrate or Police Magistrate or Police Officer. Officer ;- or Of having committed any oflence against person or pr_operty for which c,,,,i,,i,,, a , . ,f, ,,,,[provision ][is ][not already ][~lrade ][in the preceding Articles ] not sl),eadg provided for. of y,Tal, ; 3lsy ACT No. XXIX OF 1861. orto imprisonment with hard labor for any period not exceeding fourtee11 years. ARTICLE 163. Chapter IV: . | Section 137 `KO` sentence of transportation shall be carried into effect until confirmer1 by the Commander-in-Chief, or other Commanding Officer Trnnsportation. as provided in Article 161, and the Commander-in-Chief or such other Commanding Officer, is authorized at his discretion to remit such sentence or to confirm it, or to comnlute it to imprisonment with or without hard labor for any period not exceeding fourteen years. Provided that, if the sentence of transportation be for any period less than fourteen pears, the imprisonment in commutation shall not be for any longer peripd. AR?ICLE 164. It shall be competent to any Officer having authority, to confirm tile sentence of a General or other Court Martial, and to renlit Be~ilission or mitigation, any senteuce passedby such Court Martial, or to mitigate such sentence by substituting sirnple imprisonmeut for imprisonment with hard labor, or by reducing the period of imprisonment, or by directing the clischarge of the offender in lieu of any imprisonment. . . ARTICLE `165.` ACT No. XXIX OF 1861, by \vllich punchayets are constituted and guided ; or by whicli jurisdiction is given to Courts Martial over offer~ces committed by persons amenable to the ArticIes of War, within certain limits beyond or around Cant.onments ; shall continue to be la fulI force, and to be observed at the several ~resiclencies resl'ec ti iely. CHAPTER VII. Applicntiolz of the ~rticles. Chapter IV: . | Section 137 All Officers and Soldiers, Drivers, Farriers, Trumpeters, Drummers, Persons amenable to * the unattested Recruits, Sub-Assistant Surgeons, Native Articles. Doctors, Hospital Attendants, Dressers, Artificers, and Laborers, Sutlers, Followers, public and private, or others attaclied to or serviilg with ally part of the Artuy, are to be governed by these Articles, and to be subject t o trial and piinishment by Courts Xartial. Provided that all Drivers, Farriers, Trumpeters, Drummers, Recruits, SubAssistant Surgeons, Native Doctors, Hospital Attendants, and Dressers, hereafter enlisted, shall be attested according to the Regulations of the Presidency to which they belong. Pel-sons of European descent (whether on the side of their father or mother) professing the Christian religion, if belonging to the descriptions mentioned in this Article (and not beiug E e r Najesty's natural-born subjects born in Europe, or the children of such subjects,) shall be tried for Military offences ' by Courts Martial conlposed of European Officers only, and punished according to these Articles of War. For Criminal or NonMilitary offences such persons shall not be a~wenable to these Articles of War, but shall be tried and punished in the same n ~ a ~ ~ l l e r as persons who are subject. `L.` b ~ ) A the Mutiny A C ~ a i d Articles or War in force for the better government `of` the European Officers and Soldiers of Her .Majesty's Indian f ~ r c c s . Annct,r' 168- These Articles are to be translated into the several languages of the I'1.ornulgation of the different P1.esidencies; and the following Articles, `A` rt~oles. nan~ely, the 2ud, 3rd, ind 4th, the 5th to the 69tl1, hot11 included ; the '78th, 81st, 82ad, 110 th, and 1 1 8th, are to be read once every three illonths at the head of every Regiment or Corps, Troop or Coillpany i l l the service, and to every recruit a t the period of his attestation, These Articles of War shall take effect on and from Comrnencen>ent of Act. the 1st day of November 1861.