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Air Force Act, 1950 | 157 | 157. Power of confirming authority to mitigate, remit or commute sentences.-
(1) Subject to such restrictions, reservations or conditions as may be contained in any warrant issued under section 153 or section 154 and to the provisions of sub-sections (2) and (3), a confirming authority may, when confirming the sentence of a court-martial, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 73.
(2) A sentence of transportation shall not be commuted for a sentence of imprisonment or detention for a term exceeding the term of transportation awarded by the court.
(3) A sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded by the court. |
Air Force Act, 1950 | 158 | 158. Confirming of findings and sentences on board a ship.-
When any person subject to this Act is tried and sentenced by a court-martial while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation. |
Air Force Act, 1950 | 159 | 159. Revision of finding or sentence.-
(1) Any finding or sentence of a court-martial may be once revised by order of the confirming authority and on such revision, the court, if so directed by the confirming authority, may take additional evidence.
(2) The court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent.
(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general court-martial, it still consists of five officers, or, if a summary general or district court- martial, of three officers. |
Air Force Act, 1950 | 16 | 16. Persons to be attested.-
The following persons shall be attested, namely:-
(a) all persons enrolled as combatants;
(b) all persons selected to hold a non-commissioned or acting non-commissioned rank; and
(c) all other persons subject to this Act as may be prescribed by the Central Government. |
Air Force Act, 1950 | 160 | 160. Alteration of finding or sentence in certain cases.-
(1) Where a finding of guilty by a court-martial, which has been confirmed, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 177 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the offence.
(2) Where a sentence passed by a court-martial which has been confirmed not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the. authority referred to in sub-section (1) may pass a valid sentence.
(3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of the punishment awarded by, the sentence for which a new sentence is substituted under this section.
(4) Any finding substituted, or any sentence passed, under this section shall for the purposes of this Act and the rules made thereunder have effect as if it were a finding or sentence, as the case may be, of a court-martial. |
Air Force Act, 1950 | 161 | 161. Remedy against order, finding or sentence of court-martial.-
(1) Any person subject to this Act who considers himself aggrieved by any order passed by a court-martial may present a petition to the officer or authority empowered to confirm any finding or sentence of such court-martial, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates.
(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of a court-martial which has been confirmed, may present a petition to the Central Government, 1[the Chief of the Air Staff] or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, 1[the Chief of the Air Staff] or other officer, as the case may be, may pass such order thereon as it or he thinks fit. |
Air Force Act, 1950 | 162 | 162. Annulment of proceedings. -
The Central Government, 1[the Chief of the Air Staff] or any prescribed officer may annul the proceedings of any court-martial on the ground that they are illegal or unjust. |
Air Force Act, 1950 | 163 | Chapter XIII
Execution of Sentences
163. Form of sentence of death.-
In awarding a sentence of death, a court-martial shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead or shall suffer death by being shot to death. |
Air Force Act, 1950 | 164 | 164. Commencement of sentence of transportation or imprisonment.-
Whenever any person is sentenced by a court-martial under this Act to transportation, imprisonment or detention the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer. |
Air Force Act, 1950 | 165 | 165. Execution of sentence of transportation.-
Whenever any sentence of transportation is passed under this Act or whenever any sentence of death be commuted to transportation, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer-in-charge of the civil prison in which such person is to be confined and shall arrange for his dispatch to such prison with the warrant. |
Air Force Act, 1950 | 166 | 166. Execution of sentence of imprisonment.-
(1) Whenever any sentence of imprisonment is passed under this Act or whenever any sentence of death or transportation is commuted to imprisonment, the confirming officer or such other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) and (4), direct either that the sentence shall be carried out by confinement in a military or air force prison or that it shall be carried out by confinement in a civil prison.
(2) When a direction has been made under sub-section (1) the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer-in-charge of the prison in which such person is to be confined and shall arrange for his dispatch to such prison with the warrant.
(3) In the case of a sentence of imprisonment for a period not exceeding three months, the officers referred to in sub-section (1) may direct that the sentence shall be carried out by confinement in air force custody instead of in a civil or military or air force prison.
(4) On active service, a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may from time to time, appoint. |
Air Force Act, 1950 | 167 | 167. Temporary custody of offender.-
Where a sentence of transportation or imprisonment is directed to be undergone in a civil prison, the offender may be kept in military or air force custody or in any other fit place, till such time as it is possible to send him to a civil prison. |
Air Force Act, 1950 | 168 | 168. Execution of sentence of imprisonment in special cases.-
Whenever, in the opinion of an air or other officer commanding a group, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in a military or air force prison or in air force custody in accordance with the provisions of section 166 such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place. |
Air Force Act, 1950 | 169 | 169. Conveyance of prisoner from place to place.-
A person under sentence of transportation or imprisonment may, during his conveyance from place to place, or when on board a ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal. |
Air Force Act, 1950 | 17 | 17. Mode of attestation.-
(1) When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer in front of his unit or such portion thereof as may be present, or by any other prescribed persons.
(2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will bear true allegiance to the Constitution of India as by law established, and that he will serve in the Air Force and go wherever he is ordered by land, sea or air, and that he will obey all commands of any officer set over him, even to the peril of his life.
(3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper and authenticated by the signature of the officer administering the oath or affirmation. |
Air Force Act, 1950 | 170 | 170. Execution of sentence of detention.-
Whenever any sentence of detention is passed under this Act, or whenever any sentence of death, transportation or imprisonment is commuted to detention, the sentence shall be carried out by detaining the offender in any military or air force detention barracks, detention cells or other military or air force custody; and when the sentence is to be carried out by detention in any military or air force detention barracks, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer-in-charge of the detention barracks in which the person under sentence is to be detained and shall forward the person under sentence to such detention barracks with the warrant. |
Air Force Act, 1950 | 171 | 171. Communication of certain orders to prison officers.-
Whenever an order if duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil, military or air force prison or detained in a military or air force detention barracks, a warrant in accordance with such order shall be forwarded by the officer making the order, or his staff officer, or such other person as may be prescribed, to the officer in charge of the prison or detention barracks in which such person is confined. |
Air Force Act, 1950 | 172 | 172. Execution of sentence of fine.-
When a sentence of fine is imposed by a court-martial under section 71 whether the trial was held within India or not, a copy of such sentence, signed and certified by the confirming officer may be sent to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), or any corresponding law in force in 1[the State of Jammu and Kashmir], for the levy of fines as if were a sentence of fine imposed by such Magistrate. |
Air Force Act, 1950 | 173 | 173. Establishment and regulation of air force prisons.-
The Central Government may set apart any building or part of a building, or any place under its control, as an air force prison or detention barracks for the confinement of persons sentenced to imprisonment or detention under this Act. |
Air Force Act, 1950 | 174 | 174. Informality or error in the order or warrants.-
Whenever a person is sentenced to transportation, imprisonment or detention under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly. |
Air Force Act, 1950 | 175 | 175. Power to make rules in respect of prisons and prisoners.-
The Central Government may make rules providing.-
(a) for the government, management and regulation of air force prisons and detention barracks;
(b) for the appointment, removal and power of inspectors, visitors, governors and officers thereof;
(c) for the labour of prisoners undergoing confinement therein, and for enabling such prisoners or, persons to earn by special industry and good conduct; a remission of a portion of their sentence;
(d) for the safe custody of such prisoners or persons and the maintenance of discipline among them and the punishment, by personal correction, restraint or otherwise, of offences committed by them;
(e) for the application to air force prisons or detention barracks of any of the provisions of the Prisons Act, 1894 (9 of 1894), relating to the duties of officers of prisons and the punishment of persons not being prisoners;
(f) for the admission into any prison, at proper times and subject, to proper restrictions, of person's with whom prisoners may desire to communicate and for the consultation by prisoners under trial' with their legal advisers without the presence as far as possible of any third party within hearing distance. |
Air Force Act, 1950 | 176 | 176. Restriction of rule-making power in respect to corporal punishment.-
Rules made under section 175 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under any law for the time being in force relating to civil prisons in India. |
Air Force Act, 1950 | 177 | Chapter XIV
Pardons Remissions and Suspensions
177. Pardon and remission.-
When any person subject to this Act has been convicted by a court-martial of any offence, the Central Government, 1[the Chief of the Air Staff], an air or other officer commanding a group or the prescribed officer, may-
(a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or
(b) mitigate the punishment awarded; or
(c) commute such punishment for any less punishment or punishments mentioned in this Act: Provided that a sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the court; and a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment so awarded;
(d) either with or without conditions which the person sentenced accepts, release the person on parole. |
Air Force Act, 1950 | 178 | 178. Cancellation of conditional pardon, release on parole or remission.-
(1) If any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of, the court shall be carried into effect as if such pardon, release or remission had not been granted.
(2) A person whose sentence of transportation, imprisonment or detention is carried into effect under the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence. |
Air Force Act, 1950 | 179 | 179. Reduction of warrant officer or non-commissioned officer.-When under the provisions of section 79 a warrant officer or a non-commissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purpose of section 177, be treated as a punishment awarded by a sentence of a court-martial. |
Air Force Act, 1950 | 18 | Chapter IV
Conditions of Service
18. Tenure of service under the Act.-
Every person subject to this Act shall hold office during the pleasure of the President. |
Air Force Act, 1950 | 180 | 180. Suspension of sentence of transportation, imprisonment or detention.-
(1) Where a person subject to this Act is sentenced by a court-martial to transportation, imprisonment or detention, the Central Government, 1[the Chief of the Air Staff] or any officer empowered to convene a general or a summary general court-martial may suspend the sentence whether or not the offender has already been committed to prison or to air force custody.
(2) The authority or officer specified in sub-section (1) may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or to air force custody.
(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted. |
Air Force Act, 1950 | 181 | 181. Orders pending suspension.-
A confirming officer may, when confirming any sentence referred to in section 180, direct that the offender be not committed to prison or to air force custody until the orders of the authority or officer specified in section 180 have been obtained. |
Air Force Act, 1950 | 182 | 182. Release on suspension.-
Where a sentence is suspended under section 180, the offender shall forthwith be released from custody. |
Air Force Act, 1950 | 183 | 183. Computation of period of suspension.-
Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence. |
Air Force Act, 1950 | 184 | 184. Order after suspension.-
The authority or officer specified in section 180, at any time while a sentence is suspended, order-
(a) that the offender be committed to undergo the unexpired portion of the sentence, or
(b) that the sentence be remitted. |
Air Force Act, 1950 | 185 | 185. Reconsideration of case after suspension.-
(1) Where a sentence has been suspended, the case may at any time, and shall, at intervals of not more than four months, be reconsidered by the authority or officer specified in section 180, or by any air or other officer not below the rank of squadron leader duly authorised by the authority or officer specified in section 180.
(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 180. |
Air Force Act, 1950 | 186 | 186. Fresh sentence after suspension.-
Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, them-
(a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently;
(b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or air force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and
(c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 184 or section 185, continue to be suspended. |
Air Force Act, 1950 | 187 | 187. Scope of power of suspension.-
The powers conferred by sections 180 and 184 shall be in addition to and not in derogation of, the power of mitigation, remission and commutation. |
Air Force Act, 1950 | 188 | 188. Effect of suspension and remission on dismissal.-
(1) Where in addition to any other sentence the punishment of dismissal has been awarded by a court-martial, and such other sentence is suspended under section 180, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 180.
(2) If such other sentence is remitted under section 184, the punishment of dismissal shall also be remitted. |
Air Force Act, 1950 | 189 | Chapter XV
Rules
189. Power to make rules.-
(1) The Central Government may make rules for the purpose of carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of the power conferred by sub-section (1), the rules made thereunder may provide for-
(a) the removal, retirement, release or discharge from the service of persons subject to this Act;
(b) the amount and incidence of fines to be imposed under section 90;
(c) the specification of the punishment which may be awarded as field punishments under sections 77 and 82;
(d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts;
(e) the convening and constituting of court-martial and the appointment of prosecutors at trials by court-martial;
(f) the adjournment, dissolution and sitting of court-martial;
(g) the procedure to be observed in trials by court-martial and the appearance of legal practitioners thereat;
(h) the confirmation, revision and annulment of, and petitions against the findings and sentences of court-martial:
(i) the carrying into effect of sentences of court-martial;
(j) the forms of orders to be made under the provisions of this Act relating to court-martial, transportation, imprisonment and detention;
(k) the constitution of authorities, to decide for what persons, to what amounts and in what manner, provision should be made for dependents under section 100 and the due carrying out of such decisions;
(l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non-commissioned officers of the regular Army, Navy and Air Force when acting together;
(m) any other matter directed by this Act to be prescribed. |
Air Force Act, 1950 | 19 | 19. Termination of service by Central Government.-
Subject to the provisions of this Act and the rules and regulations made thereunder, the Central Government may dismiss, or remove from the service any person subject to this Act. |
Air Force Act, 1950 | 190 | 190. Power to make regulations.-
The Central Government may make regulations for all or any of the purposes of this Act other than those specified in section 189. |
Air Force Act, 1950 | 191 | 191. Publication of rules and regulations in Gazette.-
All rules and regulations made under this Act shall be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Act. |
Air Force Act, 1950 | 192 | 192. [Repeal.]
[Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and the First Schedule (w.e.f.17-9-1957). |
Air Force Act, 1950 | 193 | Chapter XVI
Transitory Provisions
193. Definition of "British officer.-
(1) In this Chapter "British officer" means a person of non-Indian domicile holding a commission in His Majesty's Air Force and serving in the Air Force. (2) The expression "superior officer" in this Act shall be deemed to include a British officer. |
Air Force Act, 1950 | 194 | 194. Powers of British officer.-
A British officer shall have all the powers conferred by this Act on an officer of corresponding rank or holding a corresponding appointment. |
Air Force Act, 1950 | 2 | 2. Persons subject to this Act.-
The following persons shall be subject to this Act wherever they may be, namely:-
(a) officers and warrant officers of the Air Force;
(b) persons enrolled under this Act;
3[(c) persons belonging to the Regular Air Force Reserve or the Air Defence Reserve or the Auxiliary Air Force, in the circumstances specified in section 26 of the Reserve and Auxiliary Air Forces Act, 1952 (62 of 1952);]
(d) persons not otherwise subject to air force law, who, on active service, in camp, on the march, or at any frontier post specified by the Central Government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of the Air Force. |
Air Force Act, 1950 | 20 | 20. Dismissal, removal or reduction by Chief of the Air Staff and other officers.-
(1) 1[The Chief of the Air Staff] may dismiss or remove from the service any person subject to this Act other than an officer.
(2) 1[The Chief of the Air Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer.
(3) An officer having power not less than an air officer in charge of a command or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a warrant officer.
(4) On active service, an officer commanding the air forces in the field may reduce to a lower rank or to the ranks any warrant officer or non-commissioned officer under his command.
(5) 1[The Chief of the Air Staff] or an officer specified in sub-section (3) may reduce to a lower class in the ranks any airman other than a warrant officer or non-commissioned officer.
(6) The commanding officer of an acting non-commissioned officer may order him to revert to his substantive rank as a non-commissioned officer, or if he had no such substantive rank, to the ranks.
(7) The exercise of any powers under this section shall be subject to the other provisions contained in this Act and the rules and regulations made thereunder. |
Air Force Act, 1950 | 21 | 21. Power to modify certain fundamental rights in their application to persons subject to this Act.-
Subject to the provisions of any law for the time being in force relating to the Air Force or to any branch thereof, the Central Government may, by notification, make rules a restricting in such manner and to such extent as may be specified the right of any person subject to this Act-
(a) to be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions or any society, institution or association, or any class of societies, institutions or associations;
(b) to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes;
(c) to communicate with the press or to publish or cause to be published any book, letter or other document. |
Air Force Act, 1950 | 22 | 22. Retirement, release or discharge.-
Any person subject to this Act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed. |
Air Force Act, 1950 | 23 | 23. Certificate on termination of service.-
Every warrant officer, or enrolled person who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother tongue of such person and also in the English language setting forth-
(a) the authority terminating his service;
(b) the cause for such termination; and
(c) the full period of his service in the Air Force. |
Air Force Act, 1950 | 24 | 24. Discharge or dismissal when out of India.-
(1) Any person enrolled under this Act who is entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of India, and requests to be sent to India, shall, before being discharged, be sent to India with all convenient speed.
(2) Any person enrolled under this Act who is dismissed from the service and who, when he is so dismissed, is serving out of India, shall be sent to India with all convenient speed.
(3) Where any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with any other punishment, such other punishment or, in the case of a sentence of transportation, imprisonment or detention, a portion of such sentence may be inflicted before he is sent to India.
(4) for the purposes of this section, the word, "discharge" shall include release, and the word "dismissal" shall include removal. |
Air Force Act, 1950 | 25 | Chapter V
Service Privileges
25. Authorised deductions only to be made from pay.-
The pay of every person subject to this Act due to him as such under any regulation, for the time being in force, shall be paid without any deduction other than the deductions authorised by or under this or any other Act. |
Air Force Act, 1950 | 26 | 26. Remedy of aggrieved airmen.-
(1) Any airman who deems himself wronged by any superior or other officer may, if not attached to a unit or detachment, complain to the officer under whose command or orders he is serving; and may, if attached to a unit or detachment, complain to the officer commanding the same.
(2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved airman may complain to such officer's next superior officer, and if he thinks himself wronged by such superior officer, he may complain to 1[the Chief of the Air Staff.] (3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant; or, when necessary, refer the complaint to superior authority. (4) Every such complaint shall be preferred in such manner as may from time to time be specified by the proper authority. (5) The Central Government may revise any decision by a 1[the Chief of the Air staff] under sub section (2), but subject thereto, the decision of 1[the Chief of the Air Staff] shall be final. |
Air Force Act, 1950 | 27 | 27. Remedy of aggrieved officers.-
Any officer who deems himself wronged by his commanding officer or any superior officer and who on due application made to his commanding officer does not receive the redress to which he considers himself entitled, may complain to the Central Government in such manner as may from time to time be specified by the proper authority. |
Air Force Act, 1950 | 28 | 28. Immunity from attachment.-
The arms, clothes, equipment, accoutrements or necessaries of any person subject to this Act shall not be seized, and the pay and allowances of any such person or any part thereof shall not be attached, by direction of any civil or revenue court or any revenue officer, in satisfaction of any decree or order enforceable against him. |
Air Force Act, 1950 | 29 | 29. Immunity from arrest for debt.-
(1) No person subject to this Act shall, so long as he belongs to the Forces be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer.
(2) The judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section, and may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process.
(3) For the recovery of such costs no court-fee shall be payable by the complainant. |
Air Force Act, 1950 | 3 | 3. Termination of application of the Act.-
Every person subject to this Act under clauses (a) to (c) of section 2 shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the service. |
Air Force Act, 1950 | 30 | 30. Immunity of persons attending courts-martial from arrest.-
(1) No presiding officer or member of a court-martial, no judge advocate, no party to any proceeding before a court-martial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a court-martial shall, while proceeding to, attending, or returning from, a court-martial, be liable to arrest under civil or revenue process.
(2) If any such person is arrested under any such process, he may be discharged by order of the court-martial. |
Air Force Act, 1950 | 31 | 31. Privileges of reservists.-
Every person belonging to 1[any Air Force Reserve or the Auxiliary Air Force] shall, when called out for, or engaged in, or returning from, training or service, be entitled to all the privileges accorded by sections 28 and 29 to a person subject to this Act. |
Air Force Act, 1950 | 32 | 32. Priority in respect of Air Force personnel's litigation.-
(1) On the presentation to any court by or on behalf of any person subject to this Act of a certificate, from the proper air force authority, of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for.
(2) The certificate from the proper air force authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for.
(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority for the hearing of his case.
(4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself.
(5) If in any case a question arises as to the proper air force authority qualified to grant such certificate as aforesaid. Such question shall be at once referred by the court to an officer having power not less than a group commander or equivalent commander whose decision shall be final. |
Air Force Act, 1950 | 33 | 33. Saving of rights and privileges under other laws.-
The rights and privileges specified in the preceding sections of this Chapter shall be in addition to any others conferred on persons subject to this Act or on members of the regular Army, Navy and Air Force generally by any other law for the time being in force. |
Air Force Act, 1950 | 34 | Chapter VI
Offences
34. Offences in relation to the enemy and punishable with death.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit the said act; or
(b) intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy; or
(c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or
(d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union; or
(e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies; or
(f) treacherously or through cowardice sends a flag of truce to the enemy; or
(g) in time of war or during any air force operation, intentionally occasions a false alarm in action, camp or quarters or spreads reports calculated to create alarm or despondency; or
(h) in time of action leaves his commanding officer or his post, guard, piquet, patrol or party without being regularly relieved or without leave; or
(i) having been made a prisoner of war, voluntarily serves with or aids the enemy; or
(j) knowingly harbours or protects an enemy not being a prisoner; or
(k) being a sentry in time of war or alarm, sleeps upon his post or is intoxicated; or
(l) knowingly does any act calculated to imperil the success of the military, naval or air forces of India or any forces co-operating therewith or any part of such forces; or
(m) treacherously or shamefully causes the capture or destruction by the enemy of any aircraft belonging to the forces; or
(n) treacherously uses any false air signal or alters or interferes with any air signal; or
(o) when ordered by his superior officer or otherwise under orders to carry out any air force operations, treacherously or shamefully fails to use his utmost exertions to carry such orders into effect, shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 35 | 35. Offences in relation to the enemy and not punishable with death.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) is taken prisoner, by want of due precaution, or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so; or
(b) without due authority holds correspondence with or communicates intelligence to the enemy; or having come by the knowledge of any such correspondence or communication wilfully omits to discover it immediately to his commanding or other superior officer; or
(c) without due authority sends a flag of truce to the enemy; or
(d) negligently causes the capture or destruction by the enemy of any aircraft belonging to the Government; or
(e) when ordered by his superior officer, or otherwise under orders to carry out any warlike operations in the air, negligently or through other default fails to use his utmost exertions to carry such orders into effect; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 36 | 36. Offences punishable more severely on active service than at other times.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) forces a safeguard, or forces or uses criminal force to a sentry; or
(b) breaks into any house or other place in search of plunder; or
(c) being a sentry sleeps upon his post, or is intoxicated; or
(d) without orders from his superior officer leaves his guard, piquet, patrol or post; or
(e) intentionally or through neglect occasions a false alarm in camp or quarters; or spreads reports calculated to create unnecessary alarm or despondency; or
(f) makes known the parole, watchword or countersign to any person not entitled to receive it; or knowingly gives a parole, watchword or countersign different from what he received; or
(g) without due authority alters or interferes with any air signal; shall, on conviction by court-martial, if he commits any such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he commits any such offence when not on active service, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 37 | 37. Mutiny.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) begins, incites, causes, or conspires, with any other persons to cause, any mutiny in the military, naval or air forces of India or any forces co-operating therewith; or
(b) joins in any such mutiny; or
(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or
(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to commit such mutiny or any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer; or
(e) endeavours to seduce any person in the military, naval or air forces of India from his duty or allegiance to the Union, shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 38 | 38. Desertion and aiding desertion.-
(1) Any person subject to this Act who deserts or attempts to desert the service shall on conviction by court-martial,
if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 39 | 39. Absence without leave.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) absents himself without leave; or
(b) without sufficient cause overstays leave granted to him; or
(c) being on leave of absence and having received information from proper authority that any unit or detachment to which he belongs, has been ordered on active service, fails, without sufficient cause, to re-join without delay; or
(d) without sufficient cause fails to appear at the time fixed, at the parade or place appointed for exercise or duty; or
(e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or
(f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or
(g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 4 | 4. Definitions.-
In this Act, unless the context otherwise requires.-
(i) "active service", as applied to a person subject to this Act, means the time during which such person-
(a) is attached to, or forms part of a force which is engaged in operations against an enemy, or
(b) is engaged in air force operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or (c) is attached to, or forms part of, a force which is in military occupation of any foreign country;
(ii) "aircraft" includes aeroplanes, balloons, lite balloons, airships, gliders or other machines for flying;
(iii) "aircraft material" includes any engines, fittings, guns, gear, instruments or apparatus for use in connection with aircraft, and any of its components and accessories and petrol oil, and any other substance used for providing motive power for planes;
(iv) "Air Force" means officers and airmen who by their commission, warrant, terms of enrolment or otherwise, are liable to render continuously for a term air force service to the Union in every part of the world or any specified part of the world, including persons belonging to1[any Air Force Reserve or the Auxiliary Air Force], when called out on permanent service;
(v) "Air force custody" means the arrest or confinement of a person according to the usages of the service and includes military or naval custody;
(vi) "Air Force law" means the law enacted by this Act and the rules made thereunder and includes the usages of the service;
(vii) "Air Force reward" includes any gratuity or annuity for long service or good conduct, badge pay or pension, and any other Air Force pecuniary reward;
(viii) "airman" means any person subject to this Act other than an officer;
(ix) "air officer" means any officer of the Air Force above the rank of group captain;
(x) "air signal" means any signal intended for the guidance of aircraft, whether given by flag, ground signal, light, wind indicator or in any manner whatsoever;
(xi) "Chief Legal Adviser" means a person appointed as such by2 [the Chief of the Air staff] to give advice on matters relating to air force law and to perform such other duties of a legal character as may arise in connection therewith;
(xii) "civil offence" means an offence which is triable by a criminal court;
(xiii) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force;
3[(xiv) "Chief of the Air Staff" means the officer commanding the Air Force;]
(xv) "commanding officer" used in relation to a person subject to this Act, means the officer for the time being in command of the unit or detachment to which such person belongs or is attached;
(xvi) "court-martial" means a court-martial held under this Act;
(xvii) "criminal court" means a court of ordinary criminal justice in any part of India,4* * * * *;
(xviii) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to air force law to act;
(xix) "the Forces" means the regular Army, Navy and Air Force or any part of any one or more of them;
(xx) "non-commissioned officer" means a person holding a non-commissioned rank or an acting non-commissioned rank in the Air Force, and includes any person holding a non-commissioned rank or an acting non-commissioned rank in 1[any Air Force Reserve or the Auxiliary Air Force] when subject to this Act;
(xxi) "notification" means a notification published in the Official Gazette;
(xxii) "offence" means any act or omission punishable under this Act, and includes a civil offence, as hereinbefore defined;
(xxiii) "officer" means a person commissioned, gazetted or in pay as an officer in the Air Force, and includes-
(a) an officer of1[any Air Force Reserve or the Auxiliary Air Force] who is for the time being subject to this Act;
(b) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the regular Army or the Navy, but does not include a junior commissioned officer, warrant officer, petty officer or non-commissioned officer;
(xxiv) "prescribed" means prescribed by rules made under this Act;
(xxv) "provost-marshal" means a person appointed as such under section 108 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf;
(xxvi) "regulation" includes a regulation made under this Act;
(xxvii) "superior officer", when used in relation to a person subject to this Act, includes a warrant officer and a non-commissioned officer, and as regards persons serving under such conditions as may be prescribed, an officer, junior commissioned officer, warrant officer, petty officer and non-commissioned officer of the regular Army or the Navy;
(xxviii) "unit" includes-
(a) anybody of officers and airmen for which a separate authorised establishment exists;
(b) any separate body of persons subject to this Act employed on any service and not attached to a unit as aforesaid;
(c) any other separate body of persons composed wholly or partly of persons subject to this Act, and specified as a unit by the Central Government;
(xxix) "warrant officer" means a person appointed, gazetted or in pay as a warrant officer of the Air Force and includes an acting warrant officer, a master warrant officer, and a warrant officer of1[any Air Force Reserve or the Auxiliary Air Force] who is for the time being subject to this Act;
(xxx) 2[all words (except the word "India")] and expressions used herein and defined in the Indian Penal Code (45 of 1860) and not hereinbefore defined shall be deemed to have the meanings respectively assigned to them by that Code. |
Air Force Act, 1950 | 40 | 40. Striking or threatening superior officer.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) uses criminal force to, or assaults his superior officer; or
(b) uses threatening language to such officer; or
(c) uses insubordinate language to such officer, shall, or, conviction by court-martial, if such officer is at the time in the execution of his office or, if the offence is committed on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned: Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five years. |
Air Force Act, 1950 | 41 | 41. Disobedience to superior officer.-
(1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally or in writing or by signal or otherwise shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by court-martial, if he commits such offence when on active service, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned; and if he commits such offence when not on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 42 | 42. Insubordination and obstruction.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or
(b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not this superior officer; or
(c) resists an escort whose duty it is to apprehend him or to have him in charge; or
(d) breaks out of barracks, camp or quarters; or
(e) neglects to obey any general, local or other order; or
(f) impedes the provost-marshal or any person lawfully acting on his behalf or, when called upon, refuses to assist in the execution of his duty a provost-marshal or any person lawfully acting on his behalf; or
(g) uses criminal force to or assaults any person bringing provisions or supplies to the Forces, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clauses(d) and
(e) to two years, and in the case of the offences specified in the other clauses to ten years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 43 | 43. Fraudulent enrolment.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) without having obtained a regular discharge from the Air Force or otherwise fulfilled the conditions enabling him to enroll or enter, enrolls himself in, or enters the said force or any part of the military or the naval forces of India; or
(b) is concerned in the enrolment in any part of the Forces, of any person when he knows or has reason to believe such person to be so circumstanced that by enrolling he commits an offence against this Act, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 44 | 44. False answers on enrolment.-
Any person having become subject to this Act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 45 | 45. Unbecoming conduct.-
Any officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and if he is a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 46 | 46. Certain forms of disgraceful conduct.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or
(b) malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or
(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 47 | 47. Ill-treating a subordinate.-
Any officer, warrant officer or non-commissioned officer, who uses criminal force to or otherwise ill-treats any person subject to this Act, being his subordinate in rank or position, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 48 | 48. Intoxication.-
(1) Any person subject to this Act who is found in a state of intoxication, whether on duty or not, shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and if he is not an officer, be liable, subject to the provisions of sub-section (2), to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(2) Where an offence of being intoxicated is committed by a person other than an officer when not on active service or not on duty, the period of imprisonment awarded shall not exceed six months. |
Air Force Act, 1950 | 49 | 49. Permitting escape of person in custody.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) when in command of a guard, piquet, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge or refuses to receive any prisoner or person so committed ; or
(b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge or whom it is his duty to keep on guard; shall, on conviction by court-martial, be liable, if he has acted, willfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he has not acted willfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 5 | Chapter II
Special Provisions for The Application of Act in Certain Cases
5. Application of Act to certain forces under the 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 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 Air Force the same or equivalent rank as the aforesaid persons hold for the time being in the said force.
(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 clause (d) of section 2.
(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. |
Air Force Act, 1950 | 50 | 50. Irregularity in connection with arrest or confinement.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or
(b) having committed a person to air force custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 51 | 51. Escape from custody.-
Any person subject to this Act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 52 | 52. Offences to respect of property.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) commits theft of any property belonging to the Government, or to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law; or
(b) dishonestly misappropriates or converts to his own use any such property; or (c) commits criminal breach of trust in respect of any such property; or
(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or
(e) wilfully destroys or injures any property of the Government entrusted to him; or
(f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 53 | 53. Extortion and corruption.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) commits extortion; or
(b) without proper authority extracts from any person money, provisions or services; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 54 | 54. Making away with equipment.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him; or
(b) loses by neglect anything mentioned in clause (a); or
(c) sells, pawns, destroys or defaces any medal or decoration granted to him; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause (a) to ten years, and in the case of the offences specified in the other clauses to five years, or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 55 | 55. Injury to property.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) destroys or injures any property mentioned in clause (a) of section 54, or any property belonging to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law, or serving with, or attached to the Air Force, or;
(b) commits any act which causes damage to, or destruction of, any property of the Government by fire; or
(c) kills, injures, makes away with, ill-treats or loses any animal entrusted to him; shall, on conviction by court-martial, be liable, if he has acted willfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he has acted without reasonable excuse to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 56 | 56. False accusation.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or
(b) in making a complaint under section 26 or section 27 makes any statement affecting the character of any person subject to this Act, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material facts; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 57 | 57. Falsifying official documents and false declaration.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement; or
(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to the making of, any omission, with intent to defraud; or
(c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or
(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or
(e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 58 | 58. Signing in blank and failure to report.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any property of the Government fraudulently leaves in blank any material part for which his signature is a voucher; or
(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 59 | 59. Offences relating to courts-martial.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) being duly summoned or ordered to attend as a witness before a court- martial, wilfully or without reasonable excuse, makes default in attending; or
(b) refuses to take an oath or make an affirmation legally required by a court-martial to be taken or made; or
(c) refuses to produce or deliver any document in his power or control legally required by a court-martial to be produced or delivered by him; or
(d) refuses when a witness to answer any question which he is by law bound to answer; or
(e) is guilty of contempt of court-martial by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 6 | 6. Special provision as to rank in certain cases.-
(1) The Central Government may, by notification, direct that any person or class of persons subject to this Act under clause (d) of section 2, shall be so subject as officers, warrant officers or non-commissioned officers, and may authorise any officer to give a like direction and to cancel such direction.
(2) All persons subject to this Act other than officers, warrant officers and non-commissioned officers shall, if they are not persons in respect of whom a notification or direction under sub-section (1) is in force, be deemed to be of rank inferior to that of a non-commissioned officer. |
Air Force Act, 1950 | 60 | 60. False evidence.-
Any person subject to this Act who, having been duly sworn or affirmed before any court-martial or other court competent under this Act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 61 | 61. Unlawful detention of pay.-
Any officer, warrant officer or non-commissioned officer who, having received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 62 | 62. Offences in relation to aircraft and flying.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) wilfully or without reasonable excuse damages, destroys or loses any aircraft or aircraft material belonging to the Government; or
(b) is guilty of any act or neglect likely to cause such damage, destruction or loss; or
(c) without lawful authority disposes of any aircraft or aircraft material belonging to the Government; or
(d) is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person; or
(e) during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration, by or under the authority of a neutral State, or the destruction in a neutral State, of any aircraft belonging to the Government; shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned, and, in any other case, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 63 | 63. Other offences relating to aircraft and flying.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) signs any certificate in relation to an aircraft material belonging to the Government without ensuring the accuracy thereof; or
(b) being the pilot of an aircraft belonging to the Government, flies it at a height less than such height as may be specified by 1[the Chief of the Air Staff], except while taking off or landing, or in such other circumstances as may be specified by 1[the Chief of the Air Staff); or
(c) being the pilot of an aircraft belonging to the Government, flies it so as to cause, or to be likely to cause, unnecessary annoyance to any person; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 64 | 64. Disobedience of lawful command of captain of aircraft.-
Any person subject to this Act who, whatever his rank, commits any of the following offences, that is to say,-
(a) while he is in an aircraft disobeys any lawful command given by the captain of the aircraft, whether such captain is subject to this Act or not, as respects all matters relating to the flying or handling of the aircraft, or affecting the safety thereof; or
(b) being the captain of a glider aircraft towed by another aircraft disobeys any lawful command given by the captain of the towing aircraft, whether the latter is subject to this Act or not, as respects all matters aforesaid; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 65 | 65. Violation of good order and air force discipline.-
Any person subject to this Act who is guilty of any act or omission which though not specified in this Act, is prejudicial to good order and air force discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 66 | 66. Miscellaneous offences.-
Any person subject to this Act who commits any of the following offences, that is to say,-
(a) being in command at any post or on the march, and receiving a complaint that any one under this command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority; or
(b) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person; or
(c) attempts to commit suicide, and in such attempt does any act towards the commission of such offence; or
(d) being below the rank of warrant officer, when off duty, appears, without proper authority, in or about camp or cantonments, or in or about, or when going to or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon; or
(e) directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service; or
(f) commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 67 | 67. Attempt.-
Any person subject to this Act who attempts to commit any of the offences specified in sections 34 to 66 inclusive, and in such attempt does any act towards the commission of the offence shall, on conviction by court-martial, where no express provision is made by this Act for the punishment of such attempt, be liable, if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 68 | 68. Abetment of offences that have been committed.-
Any person subject to this Act who abets the commission of any of the offences specified in sections 34 to 66 inclusive, shall, on conviction by court-martial, if the act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 69 | 69. Abetment of offences punishable with death and not committed.-
Any person subject to this Act who abets the commission of any of the offences punishable with death under sections 34, 37 and sub-section (1) of section 38 shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 7 | 7. Commanding officer of person subject to air force law under clause (d) of section 2.-
(1) Every person subject to this Act, under clause (d) of section 2, shall, for the purposes of this Act, be deemed to be under the commanding officer of the unit, or detachment, if any, to which he is attached, and if he is not so attached under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person may for the time being be serving, or of any other prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the force.
(2) An officer commanding a force shall not place a person subject to this Act under clause (d) of section 2 under the command of an officer of official rank inferior to that of such person if there is present at the place where such person is any officer of higher rank under whose command he can be placed. |
Air Force Act, 1950 | 70 | 70. Abetment of offences punishable with imprisonment and not committed.-
Any person subject to this Act who abets the commission of any of the offences specified in sections 34 to 66 inclusive and punishable with imprisonment shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned. |
Air Force Act, 1950 | 71 | 71. Civil offences.-
Subject to the provisions of section 72, any person subject to this Act who at any place in or beyond India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a court-martial and, on conviction, be punishable as follows, that is to say,-
(a) if the offence is one which would be punishable under any law in force in India with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and
(b) in any other case, he shall be liable to suffer any punishment other than whipping "assigned for the offence by any law in force in India, or imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. |