Section 11. The Articles of War, numbered respectively 3, 32, 73, 78, 82, 11.7, Repeal of Articles 3,

11. The Articles of War, numbered respectively 3, 32, 73, 78, 82, 11.7, Repeal of Articles 3, `32,` ' and 166 in the said Act XXIX of 186 1, are hereby 733 78; S2, 117, and 166. repealed, and in lieu thereof the follpwing Articles of War shall be read and taken as Ariicles 3, 32, 73, @, 82, 11 7, and 166 respectively, of the said Act XXIX of 1861. , A Non-Commissioned Officer or Soldier shall be liable to dismissal or discharge by order of the Governor-General of India in Dismised and discharge. Council, or of the Governor in Council, or the Commander- ACT No. Y OF 1863. in-Chief of t,hc 'Pre~cidency to which he belongc ; and t'he said Commallder-ill-Chief shall have power to reduce any Non-Commissioaed Officer to the ranks. The Commanding Officer of a. Regiment or Corps shall have power to dismiss or discharge any Soldier below the rank of a NonDischarge and reduction by Commanding ~ f f i - Commissioned Officer, ~d t o dismiss, discharge, or reduce eer. to tlie ranks any Non-Commissioned Officer belonging to such Regiment or Corps, Every such dismissal or discharge shall involve forfeiture of claim to pension. No Non-Commissioned Officer shall be reduced to the ranks for any ststecl Proviso as to reduction[period, nor suspended from his rank, nor reduced from a ] and suspension. higlier to a lower grade of Non-Commissi~i~ed Officer. Every Non-Commissioned Officer or Soldier discharged the service shall be'furnished by the Commanding Officer of the Regiment Certificnte of discharge. or Corps to which he belonged with a discharged certificate in the vernacular language of such Non-Commissioized Officer or Soldier. Such certificate shall express the authority for, and cause of, the discharge, and the period of the entire service in the Army of such Non-~om~ission~d Officer or Soldier, and shall be accompanied with an English translation. Defiling place of religiWho shall wantonly and intentioilally defile any ous worship. place dedicated to religious worship, or shall want.only and intentionally insult the religious feelings of any person. The Commander-in-Chief of the Presidency may appoint a General or other Court Martial, and may confirm, mitigate, or commute or Powers of the Cornmanaer-in-chief to sp- remit the sentence of such Court. He may issue his point Courts Martial: Warrant to any General or other Officer under his command, having the command of any body of Troops in the Service of Her Maj est,v, , ACT No. V OF 1863. Punislzment of Non-Conzmissioned Ojgicers and Soldie~s. A General, or District, or Garrison, or Regiineiztal Court Martial may Reduction to ranks, sentence a Non-Commissioned Officer to be reduced to prisoument, or soIitnry con- corporal punishment, im - the ranks ; or may sentence a Non-Commissioned Officer finement. or Soldier to be dismissed the service ; or to be placed one or more steps lower in the list of the rank which he holds, whereby such Non-Commissioned Officer or Soldier shall lose the benefit of the-corresponding length, of service ; or to suffer corporal punishment not exceeding fifty lashes ; or to imprisonment which may be with or without hard labor, and which may include solitary confiilement for any portion or portions of such imprisonment, not exceeding fourteen days at a time, nor eighty-four days in any one year, with intervals between the periods of solitary confiuement of not less duration than such periods of solitary confinement. No Soldier shall be kept in soliiary confinement more than eighty-four days in any one year, whether by the sentence of one or more Courts Martial, or by order of the Commanding Officer of the Regiment or Corps to which such + Soldier belongs. No sentence of .imprisonment shall be awardable by a General Court Martial for any period exceeding two years (except when otherwise expressly provided): nor by a District or Garrison Court Martial for any period exceeding one year ; nor by a Regimental Court Martial for any period exceeding six calendar months. ! No Non-Commissioned Officer shallbe sentenced to imprisonment or corporal punishment without being first reduced to the ranks. ~ Punishment for cc Disgraceful Conduct." A General, or District, or Garrison Court Martial may, in addition,,to corporal punishment or to imprisonment, sentence a SolForfeiture of pay or in addition to dier convicted of disgraceful conduct to forfeiture of all f corporal m~~rieosment. punighmeg' or advantage as to additional pay and claim to pension on discharge, which otherwise. might have accrued from the , length ACT No. V OF 1863. .- . Majesty, empowering such Officer to appoint District or Garrison Courts Martial, as occasion may require, for the trial of any offence committed by any Officer, or Soldier, or Follower in the Service of Her Majesty, not being `iL` European British subject of Her Majcsty; and to confirm and mitigate, or commute or remit the sentence of any such Court Martial. No sentence, adjudging or involving forfeiture of additional pay, or of claim to pension on discharge, or of any prospective advantage, shall be carried into effect until sanctiolled by the Commander-in-Chief of the Presideilcy to which the offender belongs. The Commander-in-Chief may remit any forfeiture warded, and may order the restoration of any advantage of which the offender has been deprived by such forfeiture. ARTICLE 7s. A General Court Martial may sentence for any crime, which by these Articles is made liable to such sentence, any Officer to , imprisonment. tr'nsportation~ Or deatll or to transportation for life, or for any period not less than seven years, or in cases falling under Article 22 or Article 66, to imprisonment with or without har&labor for any period not exceeding three years, and with or without solitary confinement ; or may ' sentence any Soldier to death, or to transportation for life, or for any period ~ - not 'less than seven years, or to imprisonment for any pcriod not exceeding - fourteen years, for any crimes which are by these Articles of War, expressly made liable to any such sentelice and for such crimes only. No Court Martial inferior to a General Court Martial shall have power to pass a sentence of death or transportation or imprisonment for any longer period than three years. Punishment of Commissioned Ojicers. -A General Court Martial may sentence a Commissioned Officer to be dismissed the service ; or to .be suspended from rank alld Dismissal, suspension, or reduction to ranks. pay and, allowances for a stated period ; or to be placed one or more steps lower in the list of his rank, by an alteration of the date of the Commission, and such Officer shall lose the corresponding benefit of length of service. No Court Martial inferior to a General Court Martial, shall have power t o try a Commis~ioued Officer. Punishment I ACT No. V OF `1863;` I f i 1 f I length or nature of his former service ; or to forfeiture of sucll advantage absolutely, whether it may have accrued from past service, or might accrue from future service. No Soldier shall be tried for disgraceful conduct by any Co~~rt. Martial inferior to a District or Garrison Court Martial. A Court Martial may, in addition to any punishment involving dismissal or discharge, sentence ally Officer or Soldier, whom it is Forfeiture `and` stoppages in addition to authorized to try, to forfeiture of arrears of pay and dismissnl. allowances due at the time of dismissal or discharge, or of such portion thereof as may be required to make good any loss or damage arising out of his misconduct. A Court Martial, in addition to any punishment not involving dismissal or discharge, may sentence any Officer or Soldier to be put under stoppages not exceeding, in the case of an Officer two-thirds of his pay and allowances, and in the case of a Non-Commissioned Officer or Soldiel+ one-half of his pay and allowances until any loss or damage arising out of his . pisconduct be made good. Evcry Soldier subjected to confinement in the Quarter Guaid or Defaulter's Room, or in a Solitary Cell, or in any other place of ing Forfeiture confinement. of pay d ~ r - imprisonment, whether as a punishmeilt by his Commanding Officer or on a charge of which he shall be after? wards convicted by Court Martial shall forfeit all claim to pay and allowances during such oonfinement, and shall be entitled to receive subsistenoe only ac:I cording to the rates laid down in the Regulations. A R T J C L E ~ ~ . ' I An 0fPLer Commanding a Detachment of llis own Regiment or Corps Gay assemble a Regimental Detachment Court Martial ; and au Powers of Officers Cornmanding punishing offences. Detahments in Officer Commanding a Detachment consisting of men of different Regiments or Corps, may assemble a Detach. ment or Line Court Martial. Every Court so assembled shall be constituted in the manner provided for a Regimental Court Martial under the provisions of these Articles of War, and shall have the like powers, B The ACT No. V `OF` 1863. The provisions of tliese Articles of War which relate to a Court Martitl held in a Regiment or Corps shall, in all practicable cases, be taken to apply to a Court Martial held in a Detachment. No Officer on detached cotnmand of less than three Troops or Companies, or of a Detachment not numerically equal to t h e e Troops or Companies, and not being on the line of marc11 or oil board `s` ship or other vessel, shall carry into effect any punishment a.warded by n Court Martial held by his order, ~ultil the sentence shall have been ionfirmed by the Officer Commanding the Regiment or Corps to which the offender belongs, or by the ilearest Superior Officer holding a command of not less than a Regiment, who is hereby anthorized to confirm every such sentence in like manner as an Officer Commanding a Regiment or Corps might do. Provided that in detached situations beyond the Sea, or out of the British Territories in India, or whe'n on service in the field, or in cases where an immediate example is necessary, and reference cannot 6e made to such Commanding or Superior Officer without detriment. to the service, the Officer Commanding such Detachment may exercise the powers relating to Courts Martial which are vested in an Officer Commanding a Regiment or Corps. Clause 2. The Commanding Officer of any Detachment of not less than three Troops or Companies, or of any Detachment n~merically equal to or greater than three Troops or Campanies ; and the Commanding Officer of any European Detachment to which Native details are attached (of whatever strength or number such European Detachments, or such Native details may be) ; and any Commissary of Ordnance being a Commissioned Officer or other Commissioned Oficer in charge of any Arsenal, Ordnance Establishment, or any Camp Equipage Depbt, may summarily try any offence against these ArGcles of War, committed by any person under his command or who is subject to such Articles (not being a Commissioned Officer); and may on conviction sentence such offender and carry out suc11 sentence without cpnfirmation or any further authority; provided that, soclr seotence shall blot exceed the powers of a Regimental Court Martial. I In detached situations beyond the Sea, or out of the British Territories in India, or when on service in the field, orxin cases where an immediate example is necessary, and a Court Martial cannot be convened under Clause `1` of this Article without detriment to t.he service, a.nd reference cannot be made without SUEh ACT No. V `OF` 1863. f I such 2ei;riment to the Officer Commanding the Regiment or Corps to which the offender belongs, or to any other Superior Officer holding a command l ~ o t less than that of a Regiment, the Officer Commanding any Detachment thougl-r of less than three Troops or Companies or riot nurucric~~.lly uqu;tl to thrcc Truop or Companies, may exercise the powers of summary trial, of sentencing the offender, and of carrying out such sentence, which might have been exercised by the Officer Commanding the Regimellt or Corps to which the offel~der belongs. Provided that, if reference can be made to any other Superior Officer holding a command not less thax that of a Regiment, such reference shall be made, and such Officer thereupon shall have authority summarily to try, and in case of conviction to sentence the offender, and to carry out such sentence as if the offender had been under his command. Any Commanding Officer or other OEcer holding a trial uncler this Article shall be deemed a Court Martial, and the words " Court Martial" in these Articles of War shall be deemed to include such Commanding Officer or other Officer holding a trial. The proceedings of such summary trial shall be condncted, so far as may be practicable, and shall be recorded ill the same manner as is provided in Article 81 for summary trials by an Officer Commanding a Regiment or Corps, and shall, in like manner, be signed and forwarded to the Officer Commanding the Division within which such Detachment shall be at the time, who is hereby authorized to set aside the trial for the same reasons that an Officer Commanding a Division is authorized by Article 81 to set aside a trial by an Officer Commanding a Regiment or Corps. Provided that every sentence so awarded by an Officer Commanding any such Detachment or by any other Officer holding a trial under this Article may be carried out without waiting for its approval by the Reviewing Officer. - ARTICLE 117, , No person who shall have been acquitted or convicted by a Court Martial of any offence, shall be liable to be tried a second time No person to be tried% by the same or any other Court Martial for the same second time for the same oilence. offence. Provided that any parson may be tried for the offence of murder, and punished for that~offence,'notwithstanding " ACT No. V `OF 1SG3.` i I i 1 standi~g he may have been tried and ~unished for the act which caused deat11, if at the time of his conviction for the said act death shall not have resulted, or shall not hzve 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 Jfartial of any Military offence, such Court Martial shall enquire into and receive evidence of any previous conviction of such person before a Court Martial OF 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 E,: is liable to be sentenced for the offence of which he has been so found guilty. And it shall not be necessary to give any notice to such person, previously to his trial, that such evidence will be received. The Regulations by which in any Presidency the O5ce and powers of Commissariat Officers, or OEcers in charge of the Policc Baznr Regulations Cnotonment respecting in qny Cantonments, or Superintelldents of Military Bazars, Police, and deciared in force. Punchayets, are at present defined and controlled; or by which Punchayets are constituted and guided, shall continue to be in full force, and to be observed at the several Presidencies respectively. Addition tc Article 103 of 111. The following additional Clause shall be rekd act XXIXOE 1861. as the second paragraph cf--Article 103 of the said Act X x I x of 1861. Every witness during attendance on a Court Martial, and during the tiroe necessary for going and returning, shall be privileged from arrest in any Civil proceeding, and if arrested in any such proceeding, may be discharge,d by order of such Court Martial. IT. This Act shall be read znd taken as part of the Construction. said Act XXIX of 1 86 1. E. `Dean,` Calcutta Central Press Company, Limited, .