Act XXXIX OF 1952
[13th
May, 1952]
An
Act to consolidate and amend the law relating to the Pakistan Army.
Assented
to by the Governor‑General on 13th May, 1952, (Gazette, 14th May 1952).
Whereas it is
expedient to consolidate and amend the law relating to the Pakistan Army;
It is hereby
enacted, as follows;--
1. Short
title and commencement.‑(1) This Act may be called the Pakistan Army
Act; 1952.
(2) It shall
come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint in this behalf.
2. Persons
subject to the Act.‑(I) The following persons shall be subject to
this Act, namely:‑
(a) officers,
junior commissioned, officers and warrant officers of the Pakistan Army;
(b) persons
enrolled under this Act,
(c) persons not
otherwise subject to this Act, 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 Pakistan Army.
(2) Every
person subject to this Act under clause (a) or clause (b) of subsection (1)
shall remain so subject until duly retired, released, discharged, removed or
dismissed from the service.
3. Special
provision as to rank in certain cases.‑(I) The Central Government
may, by notification, direct that any person or class of persons subject to
this Act under clause (c) of subsection (1) of section 2 shall be so subject as
officers, junior commissioned officers, warrant officers or non‑commissioned
officers, and may authorise any officer to give a like direction with respect
to any such person or to cancel such direction.
(2) All persons
subject to this Act other than officers, junior commissioned officers, warrant
officers or non‑commissioned officers shall, if they are not persons in
respect whom a notification or direction under subsection (1) is in force, be
deemed to be of a rank inferior to that of a non‑commissioned officer.
4.
Commanding officer of certain persons subject to the Act.‑Every
person subject to the Act under clause (c) of subsection (1) of section 2
shall, for the purposes of this Act, be deemed to be under the command of the
commanding officer of the corps, unit or detachment (if any) to which he is
attached, and if he is not so attached, then he shall be 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 if no such officer is named, under the command of the said
officer commanding the force;
Provided that
an officer commanding a force shall not place a person under the command of an
officer of rank inferior to that of such persons, if there is present at the
place where such person is any officer of a higher rank under whose command he
can be placed.
5. Powers to
apply Act to certain forces under Central Government.--‑(1) The
Central Government may, by notification, apply all or any provisions of this
Act or any force raised and maintained in Pakistan under the authority of the
Central Government.
(2) On such
notification being made any provisions of this Act so applied shall have effect
in respect of persons belonging to any such force as they have effect in
respect of person subject to this Act holding in the Pakistan Army the same
rank as or equivalent to that which the aforesaid persons hold for the time
being in the said force ; and shall 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 any such force as they have effect in respect of persons subject to
this Act under clause (c) of subsection (1) of section 2.
(3) While any
of the provisions of this Act apply to any such force, the Central Government
may, by notification, direct by what authority any jurisdiction, powers of
duties incident to the operation of these provisions shall be exercised or
performed in respect of that force, and may suspend the operation of any other
enactment for the time being applicable to that force.
6.
Application of Act to States forces by Order of the Governor-General.‑The
Governor‑General may by order apply all or any provisions of this Act to
any Land Forces of an Acceding
State.
7. Power to declare persons to
be on active service‑‑notwithstanding anything contained in
clause (1) of section 8, the central Government may, by notification, direct
that any person or class of persons subject to this Act shall, with reference
to any area in which he may be serving or with reference to all or any of the
provisions of this Act or of any other law for the time being in force, he
deemed to be on active service within the meaning of this Act.
8.
Definitions.---‑In this Act, unless the context otherwise requires,‑--
(1) “active,”
service, as applied to a person subject to this Act, means the time during
which such person is attached to, or forms part of a force which is engaged in
operation against an enemy, or is engaged in military operations in, or is on
the line of march to a country or place wholly or partly occupied by an enemy,
or is attached to or forms part of a force which is in military occupation of a
foreign country;
(2) “civil
offence” means an offence which, if committed in Pakistan, would be triable by a
Criminal Court;
(3) “Commander‑in
Chief” means the commander‑in Chief of the Pakistan Army;
(4) “Commanding
Officer” means;
(i) when used
in any provision of this Act with reference to any separate portion of the
Pakistan Army, the officer whose duty it is under the regulations of the
Pakistan Army, or in the absence of such regulations by the custom of the
service, to discharge with respect to that portion, the functions of the
commanding officer, and
(ii) when used
in relation to a person subject to this Act, the officer for the time being in
command of any separate portion of the Pakistan Army to which such person
belongs or is attached;
(5) “corps”
means any separate body of the Pakistan Army which is prescribed as a corps for
the purposes of all or any of the provisions of this Act;
(6) “Court
martial” means a Court martial held under this Act;
(7) “Criminal
Court” means a Court of ordinary criminal justice in Pakistan, or established elsewhere by
the authority of the Central Government;
(8) “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 this Act to
act;
“(9) junior
commissioned officer” means a person commissioned, gazetted or in pay as a
junior commissioned officer in the Pakistan army;
(10) “non‑commissioned
officer” means a persons attested under this Act who holds a non‑commissioned
rank in the Pakistan Army;
(1l) “offence”
means any act or omission punishable under this Act and includes a civil
offence as hereinbefore defined;
(12) “officer”
means a person commissioned, gazetted or in pay as an officer of the Pakistan
Army, and includes an officer who being a citizen of Pakistan, holds a commission
in His Majesty's Land Forces but does not include a junior commissioned
officer;
(l3)
“prescribed” means prescribed by rules made under this Act;
(14) “service”
when used in relation to an institution, necessaries, books, band, mess, money,
goods or other property means an institution, necessaries, books, band, mess,
money, goods or other property belonging to, or connected with, the Pakistan
Army or any unit or part thereof;
(15) “superior
officer” when used in relation to a person subject to this Act, includes a
warrant ‑officer or a non‑commissioned officer ; and as regards
persons placed under his orders, an officer, warrant officer, petty officer or
non‑commissioned officer of the Pakistan Navy or Air Force;
(16) “warrant
officer” means a person appointed, gazetted or in pay as a warrant officer of
the Pakistan Army.
9. Appointment to warrant
rank.‑The Governor‑General may appoint any person as warrant
officer.
10. Ineligibility of aliens for service in
the Army.‑No person who is not a citizen of Pakistan shall, except
with the consent of the Central Government signifieded in writing, be granted a
commission or warrant or be enrolled in the Pakistan Army.
11.
Procedure before enrolling officer.‑Upon the appearance before the
prescribed enrolling officer of any person desirous of being enrolled, the
enrolling officer shall read and explain to him, or .cause to be read and
explained to him in his presence, the conditions of the service for which he is
enrolled and shall put to him the questions set forth in the prescribed form of
enrolment and shall, after having cautioned him that if he makes a false answer
to any such question he will be liable to punishment
under this Act, record or cause to be recorded his answer to each such
question.
12. Enrolment.‑If,
after complying with the provisions of section 11 the enrolling officer is
satisfied that the person desirous of being enrolled understands the questions
put to him and consents to the conditions of service, and if the enrolling
officer perceives no impediment, he shall sign and also cause such person to
sign the enrolment paper and the person shall thereupon be deemed to be
enrolled.
13.
Presumption of validity of enrolment in certain cases.‑--Every person
who has for the space of three months been in receipt of military pay as a
person enrolled under this Act and been borne on the rolls of any corps or unit
of the Pakistan Army shall be deemed to have been duly enrolled and shall not
be entitled to claim his discharge on the ground of any irregularity or
illegality in his enrolment or on any other ground whatsoever, and if any
person, in receipt of such pay and borne on the rolls as aforesaid, claim his
discharge before the expiry of three months from his enrolment, no such
irregularity or illegality or other ground shall, until he is discharged in
pursuance of his claim, affect his position as a person enrolled under this Act
or invalidate any proceedings, act or thing taken or done prior to his
discharge.
14.
Person 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 noncommissioned
rank;
(c) all other
enrolled persons prescribed by the Central Government.
15.
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 corps or unit or such portion thereof as
may be present, or by any other prescribed person.
(2) The form of
oath or affirmation prescribed under this section shall contain a promise that
the person to be attested will be faithful to the constitution and the
Government of the Dominion of Pakistan and that he will serve in the Pakistan
Army and will go wherever he is ordered by land, air, or sea, and that he will
obey all commands of any officer set over him, even to the peril of his life.
(3) The fact
that an enrolled person has taken the oath or affirmation directed by this
section shall be entered on his enrolment paper, and authenticated by the
signature of the officer administering the oath or affirmation.
16.
Dismissal or removal by Central Government.‑The Central Government may dismiss or remove from the service any person
subject to this Act.
17.
Dismissal or removal by Commander‑in‑Chief, or other authorised
officer.‑(1) The Commander‑in‑Chief may dismiss or remove
from the service any junior commissioned officer, or warrant officer, or any
person enrolled under this Act.
(2) An officer
having power not less than that of a brigade commander or any officer not
below the rank of brigadier empowered by the Commander‑in‑Chief in
this behalf may dismiss or remove from the service any person enrolled under
this Act who may be serving under his command.
18.
Retirement, release, or discharge---The prescribed authority may, in
conformity with such rules as may be prescribed in this behalf, retire, release
or discharge from the service any person subject to this Act.
19.
Certificate on termination of service.‑Every junior commissioned
officer, warrant officer, or person enrolled under this Act, who is dismissed,
removed, retired, released or discharged from the service shall be furnished by
his commanding officer with a certificate in the English language or such other
language as he understands, setting forth,‑
(a) the
authority who terminates his service;
(b) the cause
for such termination;
(c) the full
period of his service in the Pakistan Army.
20.
Discharge or dismissal when out of Pakistan.‑---(1) Any person
subject to this Act, who is entitled under the conditions of his service 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 Pakistan, and
requests to be sent to Pakistan, shall, before being discharged, be sent to
Pakistan with all convenient speed.
(2) Any person
subject to this Act who is dismissed from the service and who, when he is so
dismissed is serving out of Pakistan, shall be sent to Pakistan with all
convenient speed.
(3) When any
such person as is mentioned in subsection (2) is sentenced to dismissal
combined with any other punishment, such other punishment, or in the case of a
sentence of transportation or imprisonment, a portion of such sentence, may be
inflicted before he is sent to Pakistan.
Explanation.‑For
the purposes of this section, the word “discharge” shall include retirement or
release, and the word “dismissal” shall include removal.
21.
Reduction of warrant officers and non‑commissioned officers.(1) The
Commander‑in‑Chief may reduce to a lower grade or class any warrant
officer..
(2) The
Commander‑in‑Chief or any office! having power not less than that
of a brigade commander, or any officer not below .the rank of brigadier
empowered in this behalf by the Commander‑in‑Chief may reduce to a
lower grade or rank or to the ranks any non‑commissioned officer who may
serving under his command.
22. Reversion
of an acting non‑commissioned officer.‑The commanding officer
of an acting non‑commissioned officer may order hi to revert to his
permanent grade as a non‑commissioned officer or, if he has no permanent
grade above the ranks, to the ranks.
23. Minor punishments.‑(l)
The Central Government may, on the recommendation of the Commander‑in‑Chief
prescribe the minor punishments to which persons subject to this Act shall be
liable without the intervention of Court martial, and the officer by whom, and
the extent to which such minor punishments may be awarded.
(2) Detention,
or rigorous imprisonment in military custody, and, in the case of persons
subject to this Act on active service, any prescribed field punishment may be
specified as minor punishments;
Provided that‑-
(a) the term of
such detention, rigorous imprisonment or field punishment shall not exceed
twenty‑eight days, and
(b) such
detention, rigorous imprisonment or field punishment shall not be awarded to
any person who is of or above the rank of noncommissioned officer, or who,
when he committed the offence in respect of which it is awarded was of or above
such rank.
24. Offences
in relation to 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, airfield, place, post 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 do any of the said
acts; or
(b) in the
presence of an enemy, shamefully casts away his arms, ammunition, tools or
equipment, or misbehaves in such manner as to show cowardice; or
(c)
intentionally uses words or any other means to compel or induce any person
subject to this Act, or to the Indian Air Force Act, 1932 or to the Pakistan
Navy (Discipline) Act, 1934, to abstain from acting against the enemy or to
discourage such person from acting against the enemy; or
(d) directly or
indirectly, treacherously holds correspondence with, or communicates
intelligence to the enemy or who coming to the knowledge of such
correspondence or communication treacherously omits to discover it to his
commanding or other superior officer; or
(e) directly or
indirectly assists or relieves the enemy with arms, ammunition, equipment,
supplies or money, or knowingly harbours or protects an enemy not being a
prisoner; or
(f)
treacherously or through cowardice sends a flag of truce to the enemy; or
(g) in time of
war, or during any operation, intentionally occasions a false alarm in action,
camp, garrison quarters, or spreads reports Calculated to create alarm or
despondency; or
(h) in time of
action, leaves his commanding officer, or quits his post, guard, picquet 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
does when on active service any act calculated to imperil the success of the Pakistan
forces or any forces co‑operating therewith or of any part of such
forces;
shall, on
conviction by Court martial, be punished with death or with such less
punishment as is in this Act mentioned.
25. O„fences
in relation to the enemy and not punishable with death.‑-- Any person
subject to this Act, who, on active service,‑--
(a) without
orders from his superior officer leaves ranks in order to secure prisoners,
animals or materials, or on pretence of taking wounded men to the rear; or
(b) without
orders from his superior officer (*), wilfully destroys or damages any
property; or
(c) is taken
prisoner for 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
(d) without due
authority, either holds correspondence with, or communicates intelligence, or
sends a flag of truce, to the enemy; or
(e) by word of
mouth, or in writing, or by signals, or otherwise spreads reports calculated to
create alarm or despondency; or
(f) in action
or previously to going into action, uses words calculated to create alarm or
despondency;
shall on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to fourteen years, or with such less punishment as is in this
Act mentioned.
26.
Disclosure of parole or watchword.‑Any person subject to this Act who‑--
(a)
treacherously makes known the parole, watchword or countersign to any person
not entitled to receive it, or
(b)
treacherously gives a parole, watchword or countersign different from what he
received, shall, on conviction by Court martial, if he commits the offence on
active service, be punished with death, or with such less punishment as in this
Act mentioned, and if he commits the offence on active service, be punished
with rigorous imprisonment for a term which may extend to five years, or with
such less punishment as is in this Act mentioned.
28. Offences
relating to sentries.‑Any person subject to this Act who commits any
of the following offences, that is to say,‑--
(a) being a
sentry, sleeps or is intoxicated on his post, or quits it without leave; or
(b) being a
sentry, or on guard, plunders, or wilfully destroys, or injures, any property
placed under his charge or under charge of his guard; or
(c) strickes,
or force or attempts to force any sentry or safeguard; or
(d) without
orders from his superior officer, leaves his guard, picquet, patrol or post;
shall,
on conviction by Court martial,
if he commits
such offence on active service, be punished with rigorous imprisonment which
may extend to fourteen years or with such less punishment as is in this Act
mentioned; and
if he commits
such offence not on active service, be punished with rigorous imprisonment for
a term which may extend to five years or with such less punishment as is in
this Act mentioned.
29. House
breaking, false alarms, unauthorised disclosures, punishable more severely on
active service than at other times. Any person subject to this Act who‑--
(a) breaks into
any house or other place in search of plunder; or
(b) by any
means whatever, intentionally occasions a false alarm; or
(c) without due
authority, either verbally or in writing or by signals or otherwise discloses
the number or position of any of the Pakistan forces, or any part thereof, or
any preparation for, or orders relating to operations or movement of such
forces ; shall, on conviction, by Court martial, if he commits the offence on
active service, be punished with rigorous imprisonment for a term which may
extend to fourteen years, or with such less punishment as is in this Act
mentioned, or if he commits the offence not on active service, be punished with
rigorous imprisonment for a term which may extend to five years or with such
less punishment as is in this Act mentioned.
30. Other
service offences.‑Any person subject to this Act whoa) by any means
whatever, negligently occasions a false alarm; or
(b) makes known
the parole, watchword, or countersign to any person not entitled to receive it,
or, without good and sufficient cause, gives a watchword, parole or countersign
different from what he received ; or
(c) irregularly
detains or appropriates to his own unit or detachment any provisions or
supplies proceeding to the forces, contrary to orders issued in that respect ;
shall, on conviction by Court martial, be punished with rigorous imprisonment
for a term which may extend to three years or with such less punishment as is
in this Act mentioned.
31. Mutiny
and insubordination.‑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 person to cause, or joins in, any
mutiny in the military, naval or air forces of Pakistan or any forces co‑operating
therewith ; or
(b) being
present at any such mutiny, does not use his utmost endeavours to suppress the
same ; or
(c) knowing or
having reason to believe in the existence of any such mutiny or any intention
to commit such mutiny, or of any such conspiracy, does not without reasonable
delay give information thereof to his commanding or other superior officer ; or
(d) attempts to
seduce any person in the military, naval or air forces of Pakistan from his duty or his
allegiance to the Government of Pakistan ;
shall, on
conviction by Court martial, be punished with death or with such less
punishment as is in this Act mentioned.
32. Offences
in relation to superior officers.‑(I) Any person subject to this Act
who uses or attempts to use criminal force to, or commits an assault on, his superior
officer being in the execution of his. office, knowing or having reason to
believe him to be such, shall, on conviction by Court martial, be punished with
rigorous imprisonment for a term which may extend to fourteen years, or with
such less punishment as is in this Act mentioned.
(2) Any person
subject to this Act who commits any of the following offences, that is to say,‑--
(a) uses or
attempts to use criminal force to, or commits an assault on, his superior
officer, knowing or having reason to believe him to be such ; or
(b) is grossly
insubordinate or insolent to his superior officer, knowing or having reason to
believe him to be such ; or
(c) impedes a
provost marshal] or any person lawfully acting on his behalf, or any member of
the service police, or when called upon, refuses to assist a provost marshal or
any person lawfully acting on his behalf or any member of the service police in
the execution of his duty, shall, on conviction by Court martial, if he commits
such offence on active service, be punished with rigorous imprisonment for a
term which may extend to fourteen years, or with such less punishment as is in
this Act mentioned ; and
if he commits
such offence not on active service, be punished with rigorous imprisonment for
a term which may extend to five years, or with such less punishment as is in
this Act mentioned.
Explanation.‑For
the purposes of subsection (2), “provost marshal” shall be deemed to include a
provost marshal or any of his assistants appointed under the Indian Air Force
Act, 1932, or the Pakistan Navy (Discipline) Act, 1934, and “service police”
shall be deemed to include members of the Air Force or the Naval Police, being
persons subject to the aforesaid Acts.
33.
Disobedience of lawful command.‑(I) Any person subject to this Act
who disobeys in such a manner as to show a wilful defiance of authority a
lawful command given personally by his superior officer, knowing or having
reason to believe him to be such, shall, on conviction by Court martial, be
punished with rigorous imprisonment for a term which may extend to fourteen
years, or with such less punishment as is in this Act mentioned.
(2) Any person
subject to this Act who disobeys the lawfull command of his superior officer,
knowing or having reason to believe him to be such, shall, on conviction by
Court martial,
if he commits
such offence on active service, be punished with rigorous imprisonment for a
term which may extend to fourteen years, or with such less punishment as is in
this Act mentioned; and
if he commits
such offence not on active service, be punished with rigorous imprisonment for
a term which may extend to five years, or with such less punishment as is in
this Act mentioned.
34. Neglect
to obey orders.‑Any person subject to this Act who neglects to obey
any standing or routine or other orders shall, on conviction by Court martial,
be punished with rigorons imprisonment for a term which may extend to two
years, or with such less punishment as is in this Act mentioned.
35.
Insubordination and obstruction.‑Any person subject to this Act, who‑
(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 his
superior officer; or
(c) resists an
escort whose duty it is to apprehend him or to have him in charge ; shall, on conviction
by Court martial, be punished with rigorous imprisonment for a term which may
extend to two years or with such less punishment as is in this Act mentioned.
36.
Desertion and aiding deserters.‑(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 when on active service or when under orders for active service, be
punished with death, or such less punishment as is in this Act mentioned; and
if he commits
the offence under any other circumstances, be punished for the first offence
with rigorous imprisonment for a term which may extend to two years or with
such less punishment as is in this Act mentioned, and for the second or any
subsequent offence with rigorous imprisonment for a term which may extend to
ten years, or with such less punishment as is in this Act mentioned.
(2) Any person
subject to this Act who knowingly harbour any deserter from any of the
military, naval or air forces of Pakistan shall, on conviction by
Court martial, be punished with rigorous imprisonment for a term which may
extend to seven years or with 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 any person belonging to the military, naval or air forces of Pakistan, does
not forthwith give notice to his own or some other superior officer, or does
not take any steps in his power to cause such person to be apprehended, shall,
on conviction by Court martial, be punished with rigorous .imprisonment for a
term which may extend to three years or with such less punishment as is in this
Act mentioned.
37. Absence
without leave.‑Any person subject to this Act who,
(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 the
corps or unit or detachment or portion of the corps unit or detachment to which
he belongs has been ordered on active service, fails ; without sufficient
cause, to rejoin 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 and without leave
from his superior officer, quits the parade or line of march; or
(f) when in
camp or garrison or elsewhere, is found beyond any limits fixed, or in any
place prohibited, by any standing or routine order without a pass or written
leave from his superior officer; or
(g) without
leave from his superior officer or without sufficient cause, absents himself
from any school or other institution when duly ordered to attend there;
shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to five years, or with such less punishment as is in this Act
mentioned.
38.
Fraudulent enrolment.‑Any person subject to this Act who,‑
(a) without
having obtained a regular discharge from the corps or unit to which he belongs,
or without having otherwise fulfilled the conditions enabling him to enroll or
enter, enrolls himself in, or enters the same or any other corps or unit or any
part of the Pakistan Forces regular or non‑regular; or
(b) is
concerned in the enrolment in any of the Pakistan Forces, regular or non‑regular,
of any person whom he knows or has reason to believe to be so circumstanced
that by enrolling he commits an offence against this Act or against the Indian
Air Force Act 1932 or the Navy (Discipline) Act, 1934;
shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to five years, or with such less punishment as is in this Act
mentioned.
39. False
answers on enrolment.‑Any person having become subject to this Act by
enrolment who is discovered to have made at the time of his enrolment a
wilfully false answer to any question set forth in the prescribed form of
enrolment which was put to him by the enrolling officer before whom he appeared
for the purpose of being enrolled shall, on conviction by Court martial, be
punished with rigorous imprisonment for a term which may extend to five years
or with such less punishment as is in this Act mentioned.
40.
Fraudulent offence in respect of property.‑Any person subject to this
Act who commits any of the following offences, that is to say,‑
(a) dishonestly
misappropriates or commits theft of, ‑ or criminal breach of trust in
respect of, any property belonging to the Government or any service property or
the property of any person subject to this Act, or the Indian Air Force Act,
1932, or to the Pakistan Navy (Discipline) Act, 1934, or of any person serving
with or attached to any of the armed forces of Pakistan; or
(b) dishonestly
receives or retains any stolen property of the nature specified in clause (a),
knowing or having reason to believe the same to be stolen; or
(c) is guilty
of any other act or omission with intent to defraud, or to cause wrongful gain
or wrongful loss to any person;
shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to five years, or with such less punishment as is in this Act
mentioned.
41. Certain
forms of disgraceful conduct.‑Any person subject to this Act who
commits any of the following offences, this is to say,‑
(a) malingers
or feigns or produces disease or infirmity in himself, or intentionally delays
his cure or aggravates his disease or infirmity; or
(b) with intent
to render himself or any other person subject to this Act unfit for service,
voluntarily causes hurt to himself or such other person ; or
(c) is guilty
of any disgraceful conduct of a cruel indecent or unnatural kind ; shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to ten years or with such less punishment as is in this Act
mentioned.
42. Illegal
gratification.‑Any person subject to this Act who directly or
indirectly accepts or obtains, or agrees to accept, or attempts to obtain, from
any person for himself or any other person, any gratification whatever other
than a legal remuneration, as a motive or reward for doing or forbearing to do
any act, or for showing favour or disfavour to any person, in relation to any
of the affairs of the State or of any service affairs, shall, on conviction by
Court martial, be punished with rigorous imprisonment for a term which may
extend to five years, or with such less punishment as is in this Act mentioned.
43.
Intoxication.‑Any person subject to this Act who commits the
following offence, that is to say, the offence of being in a state of
intoxication, shall, on conviction by Court martial,
if he commits
such offence on active service or while he is on duty, be punished with
rigorous imprisonment for a term which may extend to five years or with such
less punishment as is in this Act mentioned; and
if he commits
such offence while not on active service or not on duty be punished,
if he is
subject to this Act as an officer, with dismissal or such less punishment as is
in this Act mentioned; and
if he is
subject to this Act otherwise than as an officer, with rigorous imprisonment
for a term which may extend to six months or with such less punishment as is in
this Act mentioned.
44. Offences
in relation to persons in custody.‑(I) Any person subject to this Act
who, without authority, wilfully releases any prisoner or person placed in
service custody, shall, on conviction by Court martial, be punished with
rigorous imprisonment for a term which may extend to fourteen years, or with
such less punishment as is in this Act mentioned.
(2) Any person
subject to this Act who commits any of the following offences, that is to say,‑
(a) negligently
or without reasonable excuse allows any prisoner or person placed in his charge
to escape; or
(b) being in
lawful custody escapes or attempts to escape, or leaves such custody before he
is set at liberty by proper authority;
shall, on
conviction by Court martial, be punished,
if he is
subject to this Act as an officer with dismissal, or such less punishment as is
in this Act mentioned; and
if he is
subject to this Act otherwise, with rigorous imprisonment for a term which may
extend to two years or with such less punishment as is in this Act mentioned.
45. Loss of
arms, etc. and destruction of property.‑Any person subject to this
Act who commits any of the following offences, that is to say,‑--
(a) loses by
neglect any arms, ammunition, equipment, instruments, tools, clothing or any
other thing being Government or service property issued to him for his use or
entrusted to him for his use or entrusted to him for military purposes; or
(b) wilfully
destroys or injures any Government or service property ; shall, on conviction
by Court martial, be punished with rigorous imprisonment for a term which may
extend to two years or with such less punishment as is in this Act mentioned.
46. 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 to his superior officer makes any statement affecting the character
of a person subject to this Act knowing or having reason to believe such
statement to be false, or in making such complaint knowingly and willfully
suppresses any material fact;
shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to two years, or with such less punishment as is in this Act
mentioned.
47. False
documents.‑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 service or official document
made or signed by him, or of the contents of which it is his duty to ascertain
the accuracy,‑
(i) knowingly
makes or is privy to the making of any false or fraudulent statement; or
(ii) knowingly
makes or is privy to the making of an omission with intent to defraud; or
(b) knowingly
and with intent to injure any person, or to defraud, suppresses, defaces,
alters or makes away with, any service or official document which it is his
duty to preserve or produce; or
(c) when it is
his official duty to make a declaration respecting any service or official
matter, knowingly makes a false declaration;
shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to seven years, or with such less punishment as is in this Act
mentioned.
48. Signing
in blank and failure to report.‑Any person subject to this Act who,‑
(a) when
signing any document relating to pay, arms, ammunition, equipment, clothing,
supplies or stores of any other Government or service property, knowingly.
leaves in blank any material part for which his signature is a voucher; or
(b) refuses, or
by culpable neglect omits, to make a report or return which it is his duty to
make;
shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to two years, or with such less punishment as is in this Act
mentioned.
49. Offences
in relation to Courts martial.‑Any person subject to this Act who
commits any of the following offences, that is to say,‑
(a) refuses to
be sworn or affirmed when duly required by a Court martial to be sworn or
affirmed, or
(b) refuses,
when a witness, to answer any question or to produce or deliver up any book,
document or other thing when duly required by a Court martial to answer such
question, or to produce or deliver up such book, document or other thing; or
(c) 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 punished with rigorous imprisonment for a term
which may extend to five years, or with such less punishment as is in this Act
mentioned.
50. False
statement before Court martial.‑Any person subject to this Act who,
having been duly sworn or armed before any Court martial or other military
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 punished
with rigorous imprisonment for a term which may extend to ten years, or with
such less punishment as is in this Act mentioned.
51.
Irregular confinement.‑Any person subject to this Act who,‑
(1) without
lawful excuse, 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
(2) having
committed a person to custody, fails without reasonable cause to deliver at the
time of such committal, or as soon as practicable, and in any case within
twenty‑four 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 punished with rigorous imprisonment for a
term which may extend to two years or with such less punishment as is in this
Act mentioned.
52.
Unbecoming behaviour.‑Any officer, junior commissioned officer or
warrant officer, who behaves in a manner unbecoming his position and the
character expected of him shall, on conviction by Court martial, be liable to
be dismissed from the service or to suffer such less punishment as is in this
Act mentioned.
53. Striking
or ill‑treating person subject to the Act.‑Any person subject
to this Act who strikes or ill‑treats any person subject to this Act
being his subordinate in rank or position shall, on conviction by Court
martial, be punished with rigorous imprisonment for a term which may extend to
five years or with such less punishment as is in this Act mentioned.
54. Unlawful
detention of pay.‑Any officer, junior commissioned 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 be punished with
rigorous imprisonment for a term which may extend to seven years or with such
less punishment as is in this Act mentioned.
55.
Violation of good order and discipline.‑Any person subject to this
Act who is guilty of any act, conduct, disorder or neglect to the prejudice of
good order and of military discipline shall, on conviction by Court martial, be
punished with rigorous imprisonment for a term which may extend to five years,
or with such less punishment as is in this Act mentioned.
56. Offences
relating to aircraft.‑Any person subject to this Act who,‑--
(a) voluntarily
or negligently damages,. destroys or loses any service aircraft or aircraft
material ; or
(b) is guilty
of any act or omission likely to cause such damage, destruction or loss ; or
(c) without due
authority disposes of any service aircraft or aircraft material ; or
(d) is guilty
of any act or omission 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, voluntarily and without proper occasion or negligently causes
sequestration, by or under the authority of a neutral State, or the destruction
in a neutral State, of any service aircraft ;
shall, on
conviction by Court martial, be punished.
if he has acted
voluntarily, with rigorous imprisonment for a term which may extend to fourteen
years or with such less punishment as is in this Act mentioned, and
if he has not
acted voluntarily, with rigorous imprisonment for a term which may extend to
five years or with such less punishment as in this Act mentioned.
57. Attempt.‑Any
person subject to this Act who attempts to commit any offence before in this
Act specified 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 punished.
if the offence
attempted to be committed is punishable with death, with rigorous imprisonment
for a term which may extend to fourteen years or with such less punishment as
is in this Act mentioned, and
if the offence
attempted to be committed is punishable with rigorous imprisonment, with
rigorous imprisonment for a term which may extend to one half of the longest
term provided for that offence, or with such less punishment as is in this Act
mentioned.
58. Abetment.‑Any
person subject to this Act who abets the commission of any offence before in
this Act specified, or of any offence punishable under the Indian Air Force
Act, 1932, or the Pakistan Navy (Discipline) Act, 1934 such offence being of
the same nature as an offence before in this Act specified, shall, on
conviction by Court martial be punished with the punishment provided for such
offence in this Act or in the Indian Air Force Act, 1932, or in the Pakistan
Navy (Discipline) Act, 1934, as the case may be, or with such less punishment
as in this Act mentioned.
59. Civil
offences.‑(1) Subject to the provisions of subsection (2), any person
subject to this Act who at any place in or beyond Pakistan 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 Court
martial, and, on conviction, to be punished as follows, that is to say,‑--
(a) if the
offence is one which would be punishable under any law in force in Pakistan
with death or with transportation, he shall be liable to suffer any punishment
other than whipping assigned for the offence by the aforesaid law or 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 the law in force in Pakistan, or with rigorous
imprisonment for a term which may extend to five years or with such less
punishment as is in this Act mentioned.
(2) A person
subject to this Act who commits an offence of murder against a person not
subject to this Act or to the Indian Air Force Act, 1932, or to the Pakistan
Navy (Discipline) Act, 1934, or of culpable homicide not amounting to murder
against such a person or of rape in relation to such a person, shall not be
deemed to be guilty of an offence against this Act and shall not be tried by
Court martial unless he commits any of the said offences,‑
(a) while on active service, or
(b) at any place outside Pakistan,
or
(c) at a
frontier post specified by ,the Central Government by notification in this
behalf.
(3) The powers
of a Court martial to charge and punish any person under this section shall not
be affected by reason of the fact that the civil offence with which such person
is charged is also an offence against this Act.
60.
Punishments.‑Punishments may be inflicted in respect of offences
committed by persons subject to this Act and convicted by Court martial
according to the scale following, that is to say,‑
(a) death ;
(b)
transportation for life or for any period not less than seven years;
(c) rigorous
imprisonment for any term not exceeding fourteen years;
(d) dismissal from the service;
(e) in the case
of persons other than officers, junior commissioned officers, or warrant
officers' detention for a period not exceeding six months;
(f ) in the case of warrant
officers, reduction in grade or class ; and
in the case of
non‑commissioned officers, reduction to the ranks or to a lower rank;
(g) in the case
of officers, junior commissioned officers, warrant officers and non‑commissioned
officers, forfeiture of seniority of rank;
or, in the case
of any of the aforesaid whose promotion depends upon length of service,
forfeiture of all or any part of the service for the purposes of promotion;
(h)
forfeiture of service for the purposes of increased pay, or any other
prescribed purpose:
(f) in the case
of officers, junior commissioned officers, warrant officers and non‑commissioned
officers, severe reprimand or reprimand ;
(j) forfeiture,
fines and stoppages as follows, namely:‑
(i) in the case
of a person sentenced to dismissal from the service, forfeiture of all arrears
of pay and allowances and other public money due to him at the time of such
dismissal;
(ii) fine;
(iii) stoppages
of pay and allowances until any proved loss or damage occasioned by the offence
of which he is convicted is made good ;
(iv) for an
offence committed on active service, forfeiture of pay and allowances for a
period commencing on the day of the sentence and not exceeding three months;
Provided
that,---
(1) a person
shall not be sentenced to transportation or to be fined except in respect of an
offence of which he is convicted under section 59 of this Act ;
(2) Where in
respect of an offence under this Act there is specified a particular punishment
or such less punishment as is in this Act mentioned, there may be awarded in
respect of that offence instead of such particular punishment, but subject to
the other provisions of this Act and regard being had to the nature and degree
of the offence, any one punishment lower in the scale than the particular
punishment; and
(3) an offender
under this Act shall not be subject to detention for more than six months
whether under one or more sentences.
61. Field
punishment.‑(1) Where any person subject to this Act, being below the
rank of warrant officer, commits any offence on active service, it shall be
lawful for Court martial to award for that offence any such punishment, other
than flogging, as may be prescribed as a field punishment. Field punishment
shall be of the character of personal restraint or of hard labour but shall
not be of a nature to cause injury to life or limb.
(2) Field of
punishment shall, for the purpose of commutation, be deemed to stand next below
detention.
62. Special
provisions regarding sentences.‑(I) Where an officer, junior
commissioned officer or warrant officer is sentenced to death, transportation
or rigorous imprisonment, the Court shall, by its sentence, sentence such
officer, junior commissioned officer, or warrant officer to be dismissed from
the service.
(2) A person
subject to this Act, being below the rank of warrant officer who is sentenced
to transportation or rigorous imprisonment, in addition thereto, be sentenced
to be dismissed from the service.
(3) An officer,
junior commissioned officer, warrant officer or noncommissioned officer, when
sentenced to forfeiture of seniority of rank ,or service for the purposes of
promotion or to forfeiture of service for the purposes of increased pay, or any
other prescribed purpose, may, in addition thereto be sentenced by Court
martial to be severely reprimanded or reprimanded.
(4) In addition
to, or without any other punishment, in respect of any offence, an offender may
be sentenced by Court martial to any forfeiture, fine or stoppages authorised
by this Act.
(5) A non‑commissioned
officer sentenced by Court martial to transportation, rigorous imprisonment,
detention, field punishment or dismissal from the service shall be deemed to be
reduced to the ranks.
63.
Retention in the ranks of person convicted on active service.‑When on
active service any person enrolled under this Act has been sentenced by Court
martial to dismissal from the service or to transportation or rigorous
imprisonment whether combined with dismissal or not, the prescribed officer may
direct that such person may be retained to serve in the ranks, and where such
person has been sentenced to transportation or rigorous imprisonment, such
service shall be reckoned as part of his term or transportation or rigorous
imprisonment.
64.
Authorised deductions only to be made from pay.‑The pay of an
officer, junior commissioned officer, warrant officer, or of any person
enrolled under this Act shall be paid without any deductions other than
deductions authorised by or under this Act or any other law for the time being
in force.
65.
Deductions from pay and allowances.‑(1) The following penal
deductions may be made from the pay of an officer, that is to say,‑
(a) all pay and
allowances for every day he absents himself without leave, unless a
satisfactory explanation has been given to his commanding officer or other
superior officer and has been accepted by the Central Government ;
(b) all pay and
allowances for every day while he is in custody or under suspension from duty
on a charge for an offence of which he is afterwards convicted by a Criminal
Court or a Court martial or by an officer exercising authority under section 23
;
(c) any sum
required to make good the pay of any person subject to this Act which he has
unlawfully retained or unlawfully refused to pay;
(d) all pay and
allowances ordered by a Court martial or by an officer exercising authority
under section 23 to be forfeited or stopped ;
(e) any sum
required to pay a fine awarded by a Criminal Court or a Court martial
exercising jurisdiction under section 59 ;
(f) any sum
required to make good any loss, damage or destruction of any public or service
property which, after due investigation, appears to the Central Government to
have been occasioned by any wrongful act or negligence on the part of the
officer ;
(g) all pay and
allowances forfeited by order of the Central Government if the officer is
found by a Court of inquiry constituted in the behalf by the Commander‑in‑Chief
to have deserted to the enemy, or while in enemy hands, to have served with or
under the orders of the enemy, or in any manner to have aided the enemy, or to
have allowed himself to be taken prisoner by the enemy through want of due
precaution or through disobedience of orders or wilful neglect of duty, or
having been taken prisoner by the enemy to have failed to rejoin his service
when it was possible to do so ;
(h) any sum
which a Criminal Court or the Central Government orders him to pay for the
maintenance of his wife or his child legitimate or illegitimate.
(2) The
following penal deductions may be made from the pay and allowances of a person
subject to this Act other than an officer, that is to say,‑
(a) all pay and
allowances for every day of absence without leave or as a prisoner of war, arid
for every day of transportation, imprisonment or detention awarded by a
Criminal Court, a Court martial, or an officer exercising
authority under section 23 or of field punishment awarded by Court martial or
such officer ;
(b) all pay and allowances for every day while he is in custody or under
suspension from duty on a charge for an offence of which he is afterwards
convicted by a Criminal Court ‑or a Court martial, or on a charge of
absence without leave for which he is afterwards awarded imprisonment,
detention or field punishment by an officer exercising authority under section
23 ;
(c) all pay and
allowances for every day on which he is in hospital on account of sickness
certified by the medical officer attending on him to have been caused by an
offence under this Act committed by him ;
(d) for every
day on which he is in hospital on account of sickness certified by the medical
officer attending on him to have been caused by his own misconduct or
imprudence, such sum as may be specified by order of the Central Government or
of the prescribed officer ;
(e) all pay and
allowances ordered by a Court martial or by an officer exercising authority
under section 23 to be forfeited or stopped ;
(f) all pay and
allowances for every day between his being recovered from the enemy and his
dismissal from the service in consequence of his conduct when being taken
prisoner by, or while in the bands of, the enemy ;
(g) any sum
required to make good such compensation for any expense, loss, damage or
destruction caused
by him to the
Central Government or to any building or property as may be awarded by his
commanding officer ;
(h) any sum
required to pay a fine awarded by a Criminal Court, a Court martial exercising
jurisdiction under section 59 or an
officer exercising authority under section 23 ;
(i) any sum
which a Criminal Court, the Central Government or any prescribed officer orders
him to pay for the maintenance of his wife or his child, legitimate or
illegitimate;
Provided that
the total deductions from the pay and allowances of a person under clauses (e),
(g), (h) or (i) shall not, except where he is sentenced to dismissal, exceed in
any one month one half of his pay and allowances for that month.
Explanation.‑For
the purposes of clauses (a) and (b) (i) no person shall be treated as absent or
in custody unless the absence or custody has lasted for six hours or upwards
(except where the absence or custody prevents the absentee from fulfilling any
military duty which is thereby thrown on some other person) ;
(ii) absence or
custody for six consecutive hours or upwards, whether wholly in one day or
partly in one day and partly in another may be reckoned as absence or custody
for a day ;
(iii) absence
or custody for twenty‑four consecutive hours or up ward may be reckoned
as absence or custody for the whole of each day during pry port:‑,i of
which the person was absent or in custody;
(iv) for the
purposes of this explanation “custody” includes custody on a charge for an
offence of which a person is afterwards convicted, and any period in custody of
any nature, under a sentence of transportation, rigorous imprisonment,
detention or field punishment.
66. Pay and
allowances during trial.‑In the case of a person subject to this Act
who is in custody or under suspension from duty on a Charge for an offence, the
prescribed officer may direct that the whole or any part of the pay and
allowances of such person shall be withheld, pending the result of his trial,
on the charge against him, in order to give effect to the provisions of clause
(b) of subsection (1) or subsection (2) of section 65.
67.
Deduction from public money due, other than pay.‑Any sum authorised
by this Act to be deducted from the pay and allowances of any person may,
without prejudice to any other mode of recovering the same, be deducted from
any public money due to him other than a pension.
68. Power to
withhold pay and allowances pending enquiry into conduct as prisoner of war.‑Where
the conduct of any person subject to this Act, when being taken prisoner by or
whilst in the hands of the enemy, is to be inquired into under this Act or any
other law for the time being in force, the Commander‑in‑Chief or
any officer empowered by him in this behalf may order that the whole or any
part of the pay and allowances of such person shall be withheld pending the
result of such inquiry.
69.
Remission of deductions.‑Any deduction from pay and allowances authorised
by this Act may be remitted in such manner, to such extent and by such
authority as may be prescribed.
70.
Provision for dependants of prisoner of war from remitted deductions.‑In
the case of a person subject to this Act being prisoner of war, whose pay and
allowances have been forfeited under clause (g) of subsection (1) or clause (a)
of subsection (2) of section 65 but in respect of whom a remission has been
made under section 69 it shall be lawful for proper provision to be made by the
prescribed, authority out of such pay and allowances for any dependants of such
a person and any such remission shall in that case be deemed to apply only to
the balance thereafter remaining of such pay and allowances.
71. General
power to make provision for dependants.‑In the case of a person
subject to this Act, it shall be lawful, for proper provision to be made by the
prescribed authority for any dependants of any such person who is a prisoner of
war or missing out of his pay and allowances.
72. Period
during which a person is deemed to be a prisoner of war.---- For the
purposes of sections 70 and 71 a person shall be deemed to continue to be a
prisoner of war until the conclusion of any inquiry into his conduct such as is
referred to in section 68 and if he is dismissed from the service in
consequence of such conduct, until the date of dismissal.
73. Custody
of offenders.‑(1) Any person subject to this Act who is charged with
any offence may be taken into military custody.
(2) Any such
person may be ordered into military custody by any superior officer, or except
in the case of a person subject to this Act as an officer, by any member of the
military, naval or air force police.
(3) An officer
may order into military custody any officer, though he may be of a higher rank,
who is engaged in a quarrel, affray or disorder.
74. Duty of
commanding officer in regard to person in custody.‑--Every commanding
officer shall take care that a person under his command when charged with an
offence is not detained in custody for more then forty‑eight hours after
the committal of such person into custody is reported to him, without the
charge being investigated, unless investigation within that period seems to him
to be impracticable having due regard to the public service. Every case of a
person detained in custody beyond a period of forty‑eight hours and the
reason therefor shall be reported by the commanding officer to the officer, to
whom application is to be made to convene a general or District Court
martial for the trial of the person charged;
Provided that
in reckoning the period of forty‑eight hours all public holidays shall be
excluded.
75. Interval
between committal and Court martial.‑In . every case where any such
person as is mentioned in section 73 and as is not on active service remains in
custody for a longer period than eight days, without a Court martial for his
trial being ordered to assemble, a special report giving reasons for the delay
shall be made by his commanding officer in the manner prescribed and a similar
report shall be forwarded at intervals of eight days until a Court martial is
assembled or such person is released from custody.
76. Arrest
by civil authorities.‑Whenever any person subject to this Act, who is
accused of any offence under this Act, is within the jurisdiction of any
magistrate or police officer, such magistrate or public officer shall aid in
the apprehension and delivery to military custody of such person upon receipt
of a written application to that effect signed by that person's commanding
officer.
77. Capture
of deserters.‑(1) Whenever any person subject to this Act deserts,
his commanding officer shall give written information of the desertion to such
civil authorities as in his opinion may be able to afford assistance towards
the capture of the deserter. Such authorities shall thereupon take steps for
the apprehension of the said deserter in like manner as if he were a person for
whose apprehension a warrant had been issued by a magistrate, and shall deliver
the deserter, when apprehended, into military custody.
(2) It shall be
lawful for any police officer to arrest without warrant any person whom he
reasonably believes to be subject to this Act, and to be a deserter or absentee
without leave, and to bring him without delay before the nearest magistrate, to
be dealt with according to law.
78. Inquiry
into absence of person subject to Act.‑(1) When any person subject to
this Act has been absent from his duty without due authority for a period of
sixty days, a Court of inquiry shall, as soon as practicable, be assembled and
such Court shall, upon oath or affirmation administered in the prescribed
manner, inquire respecting the absence of the person, and the deficiency, if
any, in the property of Central Government entrusted to his care, or in his
arms, ammunition, equipment, instruments, clothing or necessaries ; and, if
satisfied of the fact of such absence without due authority or other sufficient
cause, the Court shall declare such absence and the period thereof and the said
deficiency, if any, and the commanding officer of the corps or unit to which
the person belongs shall enter in the Court martial book of the corps or unit a
record of the declaration.
(2) If the
person declared absent does not afterwards surrender, or is not apprehended, he
shall, for the purposes of this Act, be deemed to be a deserter.
79.
Appointment, duties and powers of provost marshals.‑(1) For the
prompt and instant repression of irregularities and offences committed, provost
marshals with assistants may be appointed by the Commander-in‑Chief, or
by any prescribed officer.
(2) the duties
of a provost marshal so appointed shall be to take charge of persons confined
for any offence, to preserve good order and discipline, and to prevent breaches
on the same: by persons subject to this Act.
(3) A provost
marshal may at any time arrest and detain for trial any person subject to this
Act who commits, or is charged with, an offence, and may also carry into effect
any punishment to be inflicted in pursuance of a sentence awarded by a Court
martial, or by an officer exercising authority under section 23 but shall not
inflict any punishment on his own authority;
Provided that
no officer shall be so arrested or detained otherwise than by or under the
orders of an officer.
(4) For the
purposes of subsections (2) and (3) “provost marshal” shall be deemed to
include an assistant provost marshal appointed under this Act, or a provost
marshal or any of his assistants appointed under the Indian Air Force Act,
1932, or the Pakistan Navy (Discipline) Act, 1934.
80. Kinds of
Courts Martial.‑‑For the purposes of this Act, there shall be
four kinds of Courts martial, that is to say,‑
(1) general
Courts martial ;
(2) district
Courts martial ;
(3) field
general Courts martial; and
(4) summary
Courts martial.
81. Power to
convene general Courts martial.‑A general Court martial may be
convened by the Commander‑in‑Chief or by an officer empowered in
this behalf by warrant of the Commander‑in‑Chief.
82. Power to
convene district Courts martial.‑A district Court martial may be
convened by, an authority having power to convene a general Court martial or by
an officer empowered in this behalf by a warrant of any such authority.
83.
Limitation of powers of convening authorities.‑A warrant issued under
section 81 or section 82 may contain such restrictions, reservations or
conditions as the authority issuing it may think fit.
84. Power to
convene field general Court martial.‑The following authorities shall
have power to convene a field general Court martial, namely :‑
(a) an officer
empowered in this behalf by an order of the Central Government or of the
Commander‑in‑Chief.
(b) on active
service, an officer commanding a portion of the Pakistan Army, not below the
rank of brigadier if in the opinion of such officer commanding, such opinion to
be recorded in writing and to be conclusive, it is not practicable with due
regard to discipline and the exigencies, of the service to try the alleged
offender by a general Court martial,
85.
Composition of general Court martial.‑A general Court martial shall
consist of not less than five officers each of whom has held a commission for
not less than three whole years and of whom not less than four are of a rack
not below that of captain.
86.
Composition of district Court martial.‑A district Court martial shall
consist of not less than three officers each of whom has held a
commission fur a continuous period of not less than two years.
87.
Composition of field general Court martial.---‑A field general Court
martial shall consist of not less than three officers.
88. Summary
Courts martial.‑(1) A summary Court martial may be held by the
commanding officer of any corps of unit or any detachment thereof.
(2) At every
summary Court martial, the officer holding the trial shall alone constitute the
Court, but the proceedings shall be attended throughout by two officers, or two
junior Commissioned officers, or one officer and one junior commissioned
officer, who shall not as such be sworn or affirmed.
89. Dissolution
of Courts martial.‑(1) If a Court martial after the commencement of a
trial is reduced below the smallest number of officers of which it is by this
Act required to consist, it shall be dissolved.
(2) If on
account of the illness of the judge advocate or ,of the accused before the
finding, it is impossible to continue the trial, the Court martial shall be
dissolved.
(3) The officer
who convened a Court martial may dissolve such Court martial if it appears to
him that the exigencies of the service or the necessities of discipline render
it impossible or inexpedient to continue the trial.
(4) Where a
Court martial is dissolved under this section, the accused may be tried by a
fresh Court martial.
90.
Prohibition of second trial.‑Where any person subject to this Act has
been acquitted or convicted of an offence by a Court martial or by a criminal
Court or has been summarily dealt with for an offence under section 23, he
shall not be liable to be tried again for the same offence by a Court martial
or be dealt with summarily in respect of it under the said section.
91. Period
of limitation for trial.‑(1) No trial by Court martial of any person
subject to this Act for any offence, other than an offence of desertion or
fraudulent enrolment or any of the offences mentioned in section 31, shall be
commenced after the expiration of three years from the date of such offence,
and no such trial for an offence of desertion, other than desertion on active
service or of fraudulent enrolment shall be commenced if the person in
question, not being an officer, has subsequently to the commission of the
offence, served continuously in an exemplary manner for not less than three
years with any portion of the Pakistan regular forces.
(2) In the
computation of the period of three years specified in subsection (1) any time
spent by the person in question as a prisoner of war, or in evading arrest;
shall be excluded.
92.
Liability of offender who cease to be subject to Act.‑(1) Where an
offence has been committed by any person while subject to this Act, and he has
ceased to be so subject, he may be taken into and kept in military custody and
tried and punished for such offence as if he had continued to be so subject.
(2) No such
person shall be tried for an offence, unless his trial commences within six
months after he had ceased to be subject to this Act .
Provided that
nothing contained in this subsection shall apply to the trial of any such
person for an offence or desertion, fraudulent enrolment or for any of the
offences mentioned in section 31 or shall affect the jurisdiction of a criminal
Court to, try any offence triable by such Court as well as by Court martial.
93. Place of
trial.‑Any person subject to this Act who commits any offence against
it may be tried and punished for such offence in any place whatever.
94.
Order in case of concurrent jurisdiction of Court martial and Criminal Court.‑When
a Criminal Court and a Court martial have each jurisdiction in respect of a
civil offence, it shall be in the discretion of the prescribed officer to
decide before which Court the proceedings shall be instituted and, if that
officer decides that they shall be instituted before a Court martial, to direct
that the accused person shall be detained in military custody.
95. Power of
Criminal Court to require delivery of offender.‑(1) When a Criminal
Court having jurisdiction is of the opinion that proceedings ought to be
instituted before itself in respect of any civil offence, it may, by written
notice, require the prescribed officer, at his option, either to deliver over
the offender to the nearest Magistrate to be proceeded against according to
law, or to postpone proceedings pending a reference to the Central Government.
(2) In every
such case, the said officer shall either deliver over the offender in
compliance with the requisition or shall forthwith refer the question as to the
Court before which the proceedings are to be instituted for the determination
of the Central Government, whose order upon such reference shall be final.
96. Trial by
Court martial, no bar to subsequent trial by Criminal Court.‑(1)
Notwithstanding anything contained in section 26 of the General Clauses Act,
1h997, or in section 403 of the Code of Criminal Procedure, 1898, a person who
has been convicted or acquitted by a Court martial, or whose case has been
summarily disposed of under this Act or the rules framed under this Act, may be
afterwards tried by a Criminal Court for the same offence or on the same facts.
(2) If a
person, who has been awarded a punishment for an offence by a Court martial or
otherwise in pursuance of this Act, is afterwards tried by a Criminal Court for
the same offence or on the same facts, that Court shall, in awarding punishment
have regard to any punishment he may already have undergone in respect of that
offence.
97. Powers
of general and field general Court martial.‑A general or field
general Court martial shall have power to try any person subject to this Act
for any offence made punishable therein, and to pass any sentence authorised
by this Act.
98. Power of
district Court martial.‑‑A district Court martial shall have
power to try any person subject to this Act, except an officer, junior
commissioned officer or warrant officer, for any offence made punishable
therein, and to pass any sentence authorised by this Act other than a sentence
of death or transportation or rigorous imprisonment for a term exceeding two
years.
99. Offences
triable by summary Court martial.‑A summary Court martial may try any
offence punishable under any of .the provisions of this Act;
Provided that
when there is no grave reason for immediate action and reference can without
detriment to discipline be made to the officer empowered to convene a district
Court martial, or on active service a field general Court martial, for the
trial of the alleged offender, an officer holding a summary Court martial shall
not try without such reference any of the following offences, namely.
(a) any offence
punishable under sections 24, 31 and 59 ; or
(b) any offence
against the officer holding the Court.
100. Persons
triable by summary Court martial.‑A summary Court martial may try any
person subject to this Act and under the command of the officer holding the
Court, except an officer, junior commissioned officer or warrant officer.
101.
Sentence awardable by summary Court martial.‑A summary Court martial
may pass any sentence which may be passed under this Act, except a sentence of
death or transportation or of rigorous imprisonment for a term exceeding one
year;
Provided that
if the officer holding the summary Court martial is below the rank of
Lieutenant Colonel, he shall not award rigorous imprisonment for a term
exceeding three months.
102.
President‑The President of a general, district or field general Court
martial shall be appointed by order of the authority convening the Court.
103. Judge
Advocate.‑Every general Court martial shall, and every district or
field general Court martial may, be attended by a judge advocate, who shall be
an officer belonging to the department of the Judge Advocate‑General,
Pakistan Army or, if no such officer is available, a person appointed by the
convening officer.
104.
Challenges.‑(1) At all trials by general, district or field general
Court martial, as soon as the Court is assembled, the names of the president
and members shall be read over to the accused, who shall thereupon be asked
whether he objects to being tried by any officer sitting on the Court.
(2) If the
accused objects to such officer, his objection and also the reply thereto of the
officer objected to, shall be heard and recorded, and the remaining officers of
the Court shall, decide on the objection in the absence of the challenged
officer.
(3) If the
objection is allowed by one half or more of the votes of the officers entitled
to vote, the objection shall be allowed and the member objected to shall retire
and his vacancy may be filled in the prescribed manner by another officer
subject to the right of the accused to object.
(4) When no
challenge is made, or when challenge has been made and disallowed or the place
of every officer successfully challenged has been filled by another officer to
whom no objection is made or allowed, the Court shall proceed with the trial.
105. Voting
of members.‑‑(1) Every decision of a Court martial shall be
passed by an absolute majority of votes ; and where there is an equality of
votes, as to either finding or sentence, the decision shall be in favour of the
accused:
Provided that
no sentence of death shall be passed without the concurrence, in the case of a
general Court martial of at least two‑thirds of the members and, in the
case of a field general Court martial of all .the members, of the Court.
(2) In matters
other than a challenge or the finding or sentence, the president shall have a
second or casting vote.
106. Oaths
of president and members.‑An oath or affirmation in the prescribed
form shall be administered to every member of every Court martial before the
commencement of the trial.
107. Oaths
of judge advocate and others.‑After the members of the Court have
been sworn or affirmed, an oath or affirmation in the prescribed form shall be
administered to the following persons or such of them as are present at the
Court martial :‑
(a) judge
advocate ;
(b) officer
attending for the purpose of instruction ;
(c) shorthand
writer;
(d)
interpreter.
108. Oaths
of witnesses.‑Every person giving evidence at a Court martial shall
be examined on oath or affirmation and shall be duly sworn or affirmed in the
prescribed form:
Provided that
where a Court martial is satisfied that a child of tender years is unable to
understand the nature of an oath or affirmation, it may dispense with the
administration of oath or affirmation.
109.
Summoning witnesses and production of documents.‑(1) The convening
officer, the president of the Court, the Judge advocate, or the commanding
officer of the accused person may, by summons under his hand, require the
attendance at a time and place to be mentioned in the summons of any person
either to give evidence or to produce any document or thing.
(2) In the case
of a witness amenable to military, naval or air force authority, the summons
shall be sent to his commanding officer and such officer shall serve it upon
him accordingly.
(3) In the case
of any other witness, the summons shall be sent to the magistrate within whose
jurisdiction he may be or reside, and such magistrate shall give effect to the
summons as if the witness were required in the Court of such magistrate.
(4) When a
witness is required to produce any document of thing in his possession or
power, the summons shall describe it with reasonable precision.
(5) Nothing in
this section shall be deemed to affect the Evidence Act, 1872, sections 123 and
124, or to apply to any letter, postcard, telegram or other document in the
custody of the postal or telegraph authorities.
(6) If any
document in such custody is, in the opinion of any district magistrate, high
Court, or Court of session wanted for the purpose of any Court martial, such
magistrate or Court may require the postal or telegraph authorities, as the
case may be, to deliver such document to such person as such magistrate or
Court may direct.
(7) If any such
document is, in the opinion of any other magistrate or of any commissioner of
police or district superintendent of police, wanted for any such purpose, he
may require the postal or telegraph authorities, as the case may be, to cause
search to be made for and to detain such document pending the orders of any
such district magistrate, High Court or Court of session.
110.
Commissions for the examination of witness.‑(1) Whenever, in the
course of trial by a Court martial, it appears to the Court that the
examination of a witness is necessary for the ends of justice, and that the
attendance of such witness cannot be procured without an amount of delay,
expense or inconvenience which, in the circumstances of the case, would be
unreasonable, such Court may address the Judge Advocate-General in order, that
a commission to take the evidence of such witness be issued.
(2) The Judge
Advocate‑General may then, if he thinks necessary, issue a commission to
any district magistrate or magistrate of the first class, within the local
limits of whose jurisdiction such witness resides, to take the evidence of such
witness.
(3) When the
witness resides in an area included in the Federation under clause (bb) of
subsection (1) of section 5 of the Government of India Act, 1935, the
commission may be issued to the officer exercising the power of a district
magistrate in, or in relation to, such area.
(4) When the
witness resides in an Acceding State or in an area in or in relation to which
the Governor‑General has extra provincial jurisdiction within the
meaning of the Extra Provincial Jurisdiction Order, 1949, the commission may be
issued to such Court or officer in the State or area as may be recognised by
the Central Government, or, in relation to the area by the Governor‑General,
by notification in the Official Gazette as a Court or officer to which or to
whom commissions may be issued under this subsection and within the local
limits of whose jurisdiction the witness resides.
(5) When the
witness resides in the United Kingdom
or any other country of the Commonwealth, other than Pakistan or in the Union of Burma,
the commission may be issued to such Court or judge having authority in this
behalf in that country as may be specified by the Central Government by
notification in the Official Gazette.
(6) The
magistrate or the officer to whom the commission is issued, or, if he is the
district magistrate, he, or such magistrate of the first class as he appoints
in this behalf, shall proceed to the place where the witness is, or shall
summon the witness before him, and shall take down his evidence in the same
manner, and may for this purpose exercise the same powers, as in trials of
warrant cases under the Code of Criminal Procedure, 1898. '
(7) Where the
commission is issued to an officer exercising the powers of a district
magistrate in or in relation to an area mentioned in subsection (3), or to such
officer as is mentioned in subsection (4), he may, in lieu of proceeding in the
manner provided in subsection (6), delegate his powers and duties under the
commission to any officer subordinate to him whose powers are not less than
those of a magistrate of the first class in the Provinces and the Capital of
the Federation.
(8) The
prosecutor and the accused person, in any case in which a commission is issued,
may respectively forward any interrogatories in writing which the Court may
think relevant to the issue, and the magistrate or officer to whom the
commission is directed, or to whom the duty of executing such commission has
been delegated, shall examine the witness upon such interrogatories.
(9) The
prosecutor and the accused person may appear before such magistrate or officer
by pleader or, except in the case of an accused person in custody, in person,
and may examine, cross‑examine and reexamine, as the case may be, the
said witnesses.
(10) After any
commission issued under this section has been duly executed, it shall be
returned, together with the deposition of the witness examined thereunder, to
the Judge Advocate‑General.
(11) On receipt
of a commission and deposition returned under subsection (10), the Judge
Advocate‑General shall forward the same to the Court at whose instance
the commission was issued, or, if such Court has been dissolved, to any other
Court convened for the trial of the accused person; and the commission, the
return thereto and the deposition shall be open to the inspection of the
prosecutor, and the accused person and may, subject to all just exceptions, be
read in evidence in the case by either the prosecutor or the accused, and shall
form part of the proceedings of the Court.
(12) In every
case in which a commission is issued under this section the trial may be
adjourned for a specified time reasonably sufficient for the execution and the
return of the commission.
Explanation.‑In
this section, the expression “Judge Advocate. General” means the Judge Advocate‑General,
Pakistan Army and includes a Deputy Judge Advocate‑General.
111.
Conviction of one offence permissible on charge of another.(1) A person
charged before a Court martial with desertion may be found guilty of attempting
to desert or of being absent without leave.
(2) A person
charged before a Court martial with attempting to desert may be found guilty of
being absent without leave.
(3) A person
charged before a Court martial with any one of the offences specified in
clauses (a) and (b) of section 40 may be found guilty of any other of these
offences with which he might have been charged.
(4) A person
charged before a Court martial with an offence punishable under section 59 may
be found guilty of any other offence of which he might have been found guilty
if the provisions of the Code of Criminal Procedure, 1898, had been applicable.
(5) A person
charged before a Court martial with any offence under this Act may, on failure
of proof of an offence having been committed in circumstances involving a more
severe punishment be found guilty of the same offence as having been committed
in circumstances involving a less severe punishment.
(6) A person
charged before a Court martial with any offence under this Act may be found
guilty of having attempted to commit, or of abetment of, that offence although
the attempt or abetment is not separately charged.
(7) A person
charged before a Court martial with using or attempting to use, criminal
force, to his superior officer, knowing or having reason to believe him to be
such may be found guilty of having committed an assault on such superior
officer.
112. Rules
of evidence to be the same as in Criminal Court.‑Subject to the
provisions of this Act, the rules of evidence in proceedings before Courts
martial shall be the same as those which are followed in criminal Courts.
113.
Judicial notice.--A Court
martial may take judicial notice of any matter within the general military
knowledge of the members.
114.
Presumption as to signatures.‑In any proceedings under this Act, any
application, certificate, warrant, reply or other document purporting to be
signed by an officer in the service of the Government shall, on production, be
presumed to have been duly signed by the person by whom and it the character in
which it purports to have been signed until the contrary is proved.
115.
Enrolment paper.‑(1) Any enrolment paper purporting to be signed by
an enrolling officer shall, in proceedings under this Act, be evidence that
the person enrolled gave the answers which he is therein represented as having
given.
(2) The
enrolment of such person may be proved by the production of his enrolment paper
or a copy of his enrolment paper purporting to be certified to be a true copy
by the officer having the custody of the enrolment paper.
116.
Presumption as to certain documents.‑(1) A letter, return or other
document with respect to a person,‑--
(i) having, or
not having, at any time served in, or been discharged from any part of the
armed forces of Pakistan,
or
(ii) having, or
not having, held any rank or appointment in, or been posted or transferred to
any part of such forces, or having or not having served in any particular
country or place, or
(iii) being, or
not being, authorised to use or wear any naval, military or air force decoration,
medal, medal ribbon, badge, wound stripe or emblem, the use or wearing of which
by an unauthorised person is, by any law in force for the time being, an
offence, if purporting to be signed by or on behalf of a Secretary to the
Central Government, or on behalf of the Pakistan Military, Naval or Air Force
Headquarters, or by the commanding officer or the officer or record officer
having the custody of the records of any portion of those forces or of any of
the ships of Pakistan Navy to which such person appears to have belonged, or
alleges that he belongs or had belonged, shall, be evidence of the facts
stated in such letter, return or other document.
(2) Any army,
navy or air force list or gazette purporting to be published by authority shall
be evidence of the status and rank of the officers, junior commissioned
officers or warrant officers therein mentioned, and of any appointment held by
such officers, junior commissioned officers or warrant officers and of the
corps, unit, battalion, ship, arm, branch or department of the service to which
such officers, junior commissioned officers or warrant officers belong.
(3) Where a
record is made in any service book in pursuance of this Act or of any rules
made thereunder or otherwise in pursuance of duty and purports to be signed by
the commanding officer or by the officer whose duty it is to make such record,
such record shall be evidence of the facts thereby stated.
(4) A copy of
any record in any service book purporting to be certified to be a true copy by
the officer having the custody of such book shall be evidence of such record.
(5) Where any
person subject to this Act is being tried on a charge of desertion or of
absence without leave and such person has surrendered himself into the custody
of, or has been apprehended by, any officer, or any portion, of the armed
forces of Pakistan, a certificate purporting to be signed by such officer, or
by the commanding officer of that portion of the armed forces and stating the
fact, date and place of such surrender or apprehension, shall be evidence of
the matter so stated.
(6) Where any
person subject to this Act is being tried on a charge of desertion or of
absence without leave and such person has on arrest or surrender been taken to
a police station in Pakistan, a certificate purporting to be signed by the
officer‑in‑charge of that police station, and stating the fact,
date and place of such surrender or apprehension shall be evidence of the
matters so stated.
(7) Any
document purporting to be a report under the hand of any Chemical Examiner or
Assistant Chemical Examiner to the Government of Pakistan upon any matter or
thing duly submitted to him for examination or analysis and report may be used
as evidence in any proceeding under this Act.
117.
Reference by accused to Government Officer.‑(1) If at any trial, or
other proceedings, for desertion or absence without leave, overstaying leave,
or not rejoining when warned for service, the accused states in his defence any
sufficient or reasonable excuse for his unauthorised absence, and refers in
support thereof to any officer in the service of the Government or if it
appears that any such officer is likely to prove or disprove the said statement
in the defence, the Court or officer conducting the proceedings shall address
such officer and adjourn the Court or proceedings until his reply is received.
(2) The written
reply of any officer so addressed shall, if signed by him be received in
evidence and have the same effect as if made on oath before the Court or officer
conducting the proceedings.
(3) If the
Court martial is dissolved before receipt of such reply or if it omits to
comply with the provisions of this section, the convening officer may, at his
discretion, annul the proceedings and order a fresh trial by the same or
another Court martial.
118.
Evidence of previous convictions and general character.‑---(1) When
any person subject to this Act has been convicted by a Court martial of any
offence, such Court martial may enquire into, and receive and record evidence
of, any previous convictions of such person, either by a Court martial or by a
Criminal Court, and may further enquire into and record the general character
of such person, and such other matters as may be prescribed.
(2) Evidence
received under this section may be either oral, or in the shape of entries in,
or certified extracts from, service records, and it shall not be necessary to
give notice before trial to the person tried that evidence as to his previous
convictions or character will be received.
(3) At a
summary Court martial, the officer holding the trial may; if he thinks fit,
record any previous convictions against the offender, his general character,
and such other matters as may be prescribed, as of his own knowledge, instead
of requiring them to be proved under the foregoing provisions of this section.
119. Finding
and sentence not valid unless confirmed.‑No finding or sentence of a
general, district or field general Court martial shall be valid except in so
far as it may be confirmed as provided by this Act.
120. Power
to confirm finding and sentence of general Court.‑The finding and
sentence of a general Court martial may be confirmed by the Commander‑in‑Chief
or by an officer empowered in this behalf by warrant of the Commander‑in‑Chief.
121. Power
to confirm finding and sentence of District Court martial. The finding and
sentence of a district Court martial may be confirmed by an officer having
power to convene a general Court martial or by any officer empowered in this
behalf by warrant of any such officer.
122.
Limitation of powers of confirming authority.‑A warrant issued under
section 120 or section 121 may contain such restrictions, reservations or
conditions as the officer issuing it may think fit.
123. Power
to confirm finding and sentence of field general Court martial. ‑The
finding and sentence of a field general Court martial may be confirmed by tilt.
convening officer or if the convening officer so directs by an authority,
superior to him.
124. Power
of confirming authority to mitigate, remit or commute sentences‑‑‑Subject
to such restrictions, reservations or conditions, as may be contained in any
warrant issued under section 120 or section 121, a confirming officer may, when
confirming the sentence of a Court martial, mitigate or remit the punishment
thereby awarded, or commute that punishment for any less punishment or
punishments to which the offender might have been sentenced by Court martial or
if that punishment is death or transportation for life, for any less punishment
or punishments mentioned in this Act:
Provided that a
sentence shall not be commuted for a sentence of transportation or fine unless
the original sentence was awarded in respect of a civil offence:
Provided
further that a sentence of transportation shall not be commuted for a sentence
of rigorous imprisonment for a term exceeding the term of transportation
awarded by the Court.
125.
Confirmation of finding and sentence 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.
126.
Revision of finding and sentence.‑(1) Any finding or sentence of a
Court martial which requires confirmation may be once revised by order of the
confirming officer, and, on such revision, the Court, if so directed by him,
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 recorded 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 field
general or District Court martial, of three officers.
127. Finding
and sentence of a summary Court martial.‑The finding and sentence of
a summary Court martial shall not require to be confirmed, but may be carried
out forthwith;
Provided that
if the officer holding the trial is of less than five years' service, he shall
not, except on active service, carry into effect any sentence until it has
received the approval of an officer not below the rank of brigadier, who may be
empowered in this behalf by the Commander‑in‑Chief.
128.
Transmission of proceedings of a summary Court martial.‑The
proceedings of every summary Court martial shall without delay be forwarded to
an officer not below the rank of brigadier, who may be empowered in this behalf
by the Commander‑in‑Chief, and such officer, or any higher
authority, may for reasons based on the merits of the case but not on any
merely technical grounds, set aside the proceedings or reduce the sentence to
any other sentence which the Court might have passed.
129.
Substitution of a valid finding or sentence for an invalid finding or sentence.‑(1)
Where a finding of guilty by a Court martial, which has been confirmed, or
which does not require confirmation, is found for any reason to be invalid or
cannot be supported by the evidence, the authority which would have had power
under section 143 to commute the punishment awarded by the sentence, if the
finding had been valid, may substitute a new finding, if the new finding could
have validly been made by the Court martial on the charge and if it appears
that the Court martial must have been satisfied of the facts establishing the
offence specified or involved in the new finding, and may pass a sentence for
the said offence.
(2) Where a
sentence passed by a Court martial which has been confirmed, or which does not
require confirmation, not being a sentence passed in pursuance of a new finding
substituted under subsection (1) is found for any reason to be invalid, the
authority referred to in the subsection may pass a valid sentence.
(3) The
punishment awarded by a sentence passed under subsection (1) or subsection (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) For the
purposes of this Act, any finding or sentence substituted in accordance with
this section for the finding or sentence of a Court martial, and any sentence
imposed for an offence specified or involved in any such substituted finding
shall have effect as if it was a finding or sentence of a Court martial.
130.
Provision in the case of accused being lunatic.‑(1) Whenever, in the
course of a trial by Court martial it appears to the Court that the person
charged is of unsound mind and consequently incapable of making his defence, or
that such person committed the act alleged but was by reason of unsoundness of
mind incapable of knowing the nature of the act or that it was wrong or
contrary to law, the Court shall record a finding accordingly, and the
president of the Court, or the officer holding the trial as the case may be,
shall forthwith report the case to the confirming officer or, in the case of a
Court martial whose finding does riot require confirmation to the prescribed
officer.
(2) The
confirming officer to whom a case is reported under subsection (1) may, if he
does not confirm the finding, take steps to have the accused person tried by
the same or another Court martial for the offence with which he was originally
charged.
(3) The
prescribed officer to whom a case is reported under subsection (1) and a
confirming officer confirming a finding in any case so reported to him shall
order the accused person to be kept in custody in the prescribed manner, and
shall report the case for the orders of the Central Government.
(4) On receipt
of a report under subsection (3), the Central Government may order the accused
person to be detained in a lunatic asylum or other suitable place of safe
custody.
(5) Where an
accused person, having been found by reason of unsoundness of mind to be
incapable of making his defence, is in custody or under detention, the
prescribed officer may‑---
(a) if such
person is in custody under subsection (3), on ,the report of a medical officer
that he is capable of making his defence, or
(b) if such
person is detained in a jail under subsection (4), on a certificate of the
Inspector‑General of Prisons and if such person is detained in a lunatic
asylum under the said subsection, on a certificate of any two or more of the
visitors of such asylum that he is capable of making his defence, take steps to
have such person tried by the same or another Court martial for the offence
with which he was originally charged or, provided that the offence is a civil
offence, by a criminal Court.
(6) Where any
person is in custody under subsection (3) or under detention under subsection
(4),
(a) if such
person is in custody under subsection (3), on the report of a medical officer,
or
(b) if such
person is detained under subsection (4), on a certificate from any of the
authorities mentioned in clause (b) of subsection (5), that; in the judgment of
such officer or authority, such person may be released without danger of his
doing injury to himself or to any other person, the Central Government may
order such person to be released, or to be detained in custody or to be
transferred to a public lunatic asylum if he has not already been sent to such
an asylum.
(7) Where any
relative or friend of any person who is in custody under subsection (3) or
under detention under subsection (4) desires that he shall be delivered to his
care and custody, the Central Government may, upon the application of such
relative or friend and on his giving security to the satisfaction of the
Central Government that the person delivered shall‑--
(a) be properly
taken care of and prevented from doing injury to himself or to any other
person, and
(b) be produced
for the inspection of such authority, and at such time and places, as the
Central Government may direct, order such person to be delivered to such
relative or friend.
(8) A copy of
every order made by the prescribed officer under subsection (5) shall
forthwith be sent to the Central Government.
131. Remedy
against finding and sentence of Court martial.‑(I) Any person subject
to this Act who considers himself aggrieved by the finding or sentence ; of a
general, field general or district Court martial may submit a petition, before
confirmation of such finding or sentence, to the officer empowered to confirm
it and, after confirmation to the Central Government, or the Commander‑in‑Chief
or to any prescribed officer, provided that such prescribed officer is higher
in rank than the one who confirmed such finding or sentence.
(2) Any person
subject to this Act who considers himself aggrieved by the finding or sentence
of a summary Court martial may submit a petition to the Central Government, or
the Commander‑in‑Chief, or any officer empowered to act under
section 128.
132.
Annulment of proceedings.‑The Central Government ~ or the Commander‑in‑Chief
or any prescribed officer may annual the proceedings of any Court martial on
the ground that they are illegal or unjust.
133. Bar of
appeals.‑No remedy shall lie against any decision of a Court martial
save as provided in this Act, and for the removal of doubt it is hereby
declared that no appeal or application shall lie in respect of any proceeding
or decision of a Court martial to any Court exercising any jurisdiction
whatever.
134. 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.
135.
Commencement of sentence of transportation or rigorous imprisonment or
detention.‑Whenever any person is sentenced under this Act to
transportation, rigorous imprisonment or detention, the term of 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 president or, in the case of
summary Court martial, by the Court.
136.
Execution of sentence of transportation or rigorous imprisonment.‑-Whenever
any sentence of transportation or rigorous imprisonment is passed under this
Act, or whenever any sentence of death so passed is commuted to transportation
or to rigorous imprisonment, the commanding officer of the person under
sentence, or such other officers 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 forward him to such prison with
the warrant:
Provided that
in the case of a sentence of rigorous imprisonment for a period not exceeding
three months, the confirming officer, or in the case of a sentence which does
not require confirmation, the Court, may direct that the sentence shall be
carried out in military custody:
Provided
further that, on active service, a sentence of rigorous 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.
137.
Execution of sentence of imprisonment in special cases.‑Whenever in
the opinion of an officer not below the rank of brigadier empowered in this
behalf by the Commander‑in‑Chief any sentence or portion of a
sentence of imprisonment cannot, for special reasons, be conveniently carried
out in accordance with provisions of section 136 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.
138.
Execution of sentence of detention.‑Where a sentence of detention is
passed under this Act, the person on whom that sentence has been passed shall
undergo the term of his detention either in a detention barrack or in military
custody, or partly in one and partly in the other, but not in a prison.
139. Interim
custody of offenders sentenced to transportation.‑In every case in
which a sentence of transportation is passed under this Act, the offender,
until he is transported, shall be dealt with in the same manner as if sentenced
to rigorous imprisonment and shall be deemed to have been undergoing his
sentence of transportation during the term of such imprisonment.
140.
Conveyance of prisoner from place to place.--‑A person under sentence
of transportation, rigorous imprisonment or detention may during his conveyance
from place to place, or when on board a ship for aircraft, be subjected to such
restraint as is necessary for his safe conduct and removal.
141.
Communication of certain orders to civil prison officers.--‑Whenever
an order is duly made under this Act setting aside or varying any sentence,
order or warrant under which any person is confined in a civil prison, a
warrant in accordance with such order shall be forwarded by the prescribed
officer to the officer‑in‑charge of the prison, in which such person
is confined.
142.
Execution of sentence of fine.‑When a sentence of fine is imposed by
a Court martial under this Act, whether the trial was held within Pakistan or
not, a copy of such sentence, signed and certified by the president of the
Court or the officer holding the trial, as the case may be, may be sent to any
magistrate in Pakistan, and such magistrate shall thereupon cause the fine to
be recovered in accordance with the provisions of the Code of Criminal
Procedure, 1898, for the levy of fines as if it were a sentence of fine imposed
by such magistrate.
143. Pardons
and remissions.‑(1) When any person subject to this Act has been
convicted by a Court martial of any offence, the Central Government or the
Commander‑in‑Chief or any officer not below the rank of brigadier
empowered in this behalf by the Commander‑in-Chief may‑--
(i) either
without conditions or upon any conditions which the person sentenced accepts,
pardon the person or remit the whole or any part of the punishment awarded; or
(ii) mitigate
the punishment awarded or 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 rigorous
imprisonment for a term exceeding the term of transportation awarded by the
Court, and a sentence of rigorous imprisonment shall not be commuted for a
sentence of a detention for a term exceeding the term of rigorous imprisonment
awarded by the Cow.
(2) If any
condition on which a person has been pardoned or a punishment has been remitted
is, in the opinion of the authority which granted the pardon or remitted the
punishment, not fulfilled, such authority may cancel the pardon or remission,
and thereupon the sentence of the Court shall be carried into effect as if such
pardon had not been granted or such punishment had not been remitted:
Provided that,
in the case of a person sentenced to transportation, rigorous imprisonment, or
detention, such person shall undergo only the unexpired portion of his
sentence.
(3) When under
the provisions of subsection (5) of section 62 a non‑commissioned officer
is deemed to be reduced to the ranks, such reduction shall, for the purposes of
this section be treated as a punishment awarded by sentence of a Court martial.
144.
Suspension of sentence of transportation, rigorous imprisonment or detention.‑(1)
Where a person subject to this Act has been sentenced by a Court martial to
transportation, rigorous imprisonment or detention, the Central Government, or
the Commander‑in‑Chief, or any officer empowered to convene a
general or field general Court martial may suspend the sentence whether or not
the offender has already been committed to prison or custody.
(2) The
authority or officer specified in. subsection (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
custody.
(3) The powers
conferred by subsections (1) and (2) may be exercised in this case of any such
sentence which has been confirmed, mitigated or commuted.
145. Orders
pending suspension.‑(I) Where the sentence referred to in section 144
is imposed by a Court martial other than a summary Court martial the confirming
officer may, when confirming the sentence, direct that the offender be not
committed to prison or to custody until the orders of the authority or officer
specified in section 144 have been obtained.
(2) Where a
sentence of rigorous imprisonment or detention is awarded by a summary Court
martial, the officer holding the trial or the officer authorised to approve the
sentence under the proviso to section 127 may make the direction referred to
in subsection (1).
146. Release
on suspension.‑Where in accordance with any order passed under
section 144 a sentence is suspended, the offender shall, whether he has been
committed to prison or custody or not, be released forthwith.
147.
Computation of period of sentence under suspension.‑Any period during
which a sentence is under suspension shall be reckoned as part of the term of
such sentence.
148. Power
to set aside suspension or to order remission.‑The authority or
officer specified in section 144 may, at any time whilst a sentence suspended
order,
(a) that the
offender be committed to undergo the unexpired portion of the sentence; or
(b) that the
sentence be remitted.
149.
Periodical review of suspended sentence.‑(1) Where a sentence has
been suspended, the case may at any time and shall, at intervals of not more
than four months, he reconsidered by the authority or officer specified in
section 144 or by an officer not below the rank of field officer duly
authorised in this behalf by the authority or officer specified in section 144.
(2) Whereon
such reconsideration by the officer authorised in this behalf under subsection
(1), 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
case to the authority or officer specified in section 144.
150.
Procedure on further sentence of offender whose sentence is suspended.‑Where
an offender, while a sentence on him is suspended, is sentenced for any other
offence, then;
(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 of more and is not suspended
under this Act, the offender shall also be committed to prison or military
custody on 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 that three months and is not suspended
under this Act, the offender shall be committed on that sentence only, and the
previous sentence shall subject to any order which may be passed under section
148 or 149 continue (o be suspended.
151. Scope
of power of suspension.‑The powers conferred by section 144 or
section 148 shall be in addition to and not in derogation of the powers of
mitigation, remission or commutation of sentences.
152. Effect
of suspension on dismissal.‑(I) 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 144 then, such dismissal shall
not take effect until so ordered by the authority or officer specified in
section 144.
(2) If such
other sentence is remitted under section 148 the punishment of dismissal shall
also be remitted.
153.
Property of deceased persons and deserters, other than officers.‑The
following provisions are enacted respecting the disposal of the property of
every person subject to this Act, other than an officer, who dies or deserts‑
(1) The
commanding officer of the corps, unit or detachment to which the deceased
person or deserters belonged shall secure all the removable property belonging
to the deceased or deserter that is in camp or quarters, and cause an inventory
thereof to be made, and draw any pay and allowances due to such person.
(2) In the case
of a deceased person who has left in a bank (including any post office savings
bank, however named) a deposit not exceeding one thousand rupees, the
commanding officer may, if he thinks fit, require the agent, manager or other
proper officer of the bank to pay the deposit to him forthwith, and such agent,
manager or other officer shall comply with the requisition notwithstanding
anything in the rules of the bank; and after the payment thereof in accordance
with such requisition, no person shall have any right in respect of the deposit
except as hereinafter provided.
(3) In the case
of a deceased person whose representative, widow or next of kin is on the spot
and has given security for the payment of regimental or other debts in camp or
quarters, if any, of the deceased, the commanding officer shall deliver over
any property received undo clauses (1) and (2) to that representative, widow or
next of kin as the case may be, and shall not further interfere in relation to
the property of the deceased.
(4) In the case
of deceased person whose estate is not dealt with under clause (3), and in the
case of any deserter, the commanding officer shall cause such of the movable
property as does not consist of money to be sold by public auction, and shall
pay the regimental and other debts in camp or quarters, if any, and in the case
of a deceased person, the expenses of his funeral, ceremonies, from the
proceeds of the sale and from any pay and allowances drawn under clause (1) and
from the amount of the deposit, if any, received under clause (2).
(5) The
surplus, if any, shall, in the case of a deceased person, be paid to his
representative, widow or next of kin, if any, or in the event of no claim to
such surplus being established, within twelve months after the death then the
same shall be remitted to the prescribed person:
Provided that
the remission shall not bar the claim of any person to such surplus or any part
thereof.
(6) In the case
of a deserter, the surplus, if any, shall be forthwith remitted to the
prescribed person and shall, on the expiry of three years from the date of his
desertion, be forfeited to the State unless the deserter shall in the meantime
have surrendered or been apprehended.
(7) The
decision of the commanding officer as to what are the regimental and other
debts in camp or quarters of a deceased person or a deserter or as to the
amount payable therefor shall be final.
154.
Disposal of certain property without production of probate, etc. Property
deliverable and money payable to the representative, widow or next of kin of a
deceased person under section 153 may, if the total value or amount
thereof does not exceed one thousand rupees, and if the prescribed person
thinks fit, be delivered or paid to any one of them who appears to be entitled
to receive it or to administer the estate of deceased, without requiring the
production of any probate, letters of administration, succession certificate or
other such conclusive evidence of title.
155.
Discharge of commanding officer, prescribed person and the Government.‑Any
payment of money or delivery, application sale or other disposition of any
property made, or in good faith purported to be made, by the commanding officer
or the prescribed person in pursuance of section 153 or 154 shall be valid and
shall be a full discharge to those ordering or making the same and to the
Government from all further liability in respect of the property or money, but
nothing herein contained shall effect the rights of any executor or
administrator or other representative, or of any creditor of a deceased person
against any person to whom such delivery or payment has been made.
156.
Application of sections 153 to 155 to lunatics, etc.‑The provisions
of sections 153 to 155 shall, so far as they can be made applicable, apply in
the case of a person subject to the Act, other than an officer who
notwithstanding anything contained in the Lunacy Act, 1912, is ascertained in
the prescribed manner to be insane, or who, being on active service, is
officially reported missing, as if he had died on a day on which his insanity
is so ascertained or, as the case may be, on t e day on which he is officially
reported missing:
Provided that
in the case of a person so reported missing no action shall be taken under
clauses (2) to (5) of section 153 until be is officially presumed to be dead.
157.
Property of Officers.‑The provisions of sections 158 to 163,
inclusive, shall apply to the disposal of the property of officers subject to
this Act who die or desert.
158. Powers
of Committee of adjustment.‑(1) On the death or desertion of an
officer, A Committee of Adjustment appointed in this behalf in the manner
prescribed (hereinafter referred to as the committee) shall, as soon as may
be, subject to the rules made in this behalf under this Act,‑--
(a) secure all
movable property belonging to the deceased or deserter that is in camp or
quarters and cause an inventory thereof to be made and ascertain the pay and
allowances, if any, due to him; and
(b) ascertain
the amount, and provide for the payment of the regimental and other debts in
camp or quarters, if any, of the deceased or deserter.
(2) In the case
of a deceased officer whose representative, widow or next of kin has given
security to the satisfaction of the committee for the payment of the regimental
and other debts in camp or quarters, if, any, of the deceased, the committee
shall deliver any property received by it under subsection (1) to that
representative, widow or next of kin and shall not further interfere in
relation to the property of the deceased.
(3) In the case
of a deceased officer, the committee, save as may be prescribed, shall, if it
appears necessary for the payment of the regimental, and other debts in camp
or quarters, and the expenses, if any, incurred by the committee, collect all
moneys left by the deceased in any bank (including any post office savings
bank, however named) and for that purpose may require the agent, manager or
other proper officer of the bank to pay the moneys to the committee forthwith,
and such agent, manager or other officer shall comply with the requisition
notwithstanding anything in any rules of the bank; and when any money has been
paid in compliance with the requisition under this subsection, no person shall
have a claim against the bank in respect of such money.
(4) In the case
of a deceased officer, whose estate has not been dealt with under subsection
(2) and in the case of a deserter, the committee, save as may be prescribed,
shall, for the purpose of paying the regimental and other debts in camp or
quarters, and may in any other case, sell or convert into money such of the
movable property of the deceased or deserter as does not consist of money.
(5) The
committee shall, out of the money referred to in subsections (3) and (4), pay
the regimental and other debts in camp or quarters, if any, of the deceased or
deserter and, in the case of a deceased also the expenses of his last illness
and funeral.
(6) In the case
of a deceased officer the surplus, if any, shall be remitted to the prescribed
person.
(7) In the case
of an officer who is a deserter, the surplus, if any, shall be forthwith
remitted to the prescribed person and shall on the expiry of three years from
the date of his desertion, be forfeited to the State, unless the deserter shall
in the meantime have surrendered or been apprehended.
(8) If, in any
case, a doubt or difference arises as to what are the regimental and other
debts in camp or quarters of a deceased officer or a deserter or as to the
amount payable therefor, the decision of the prescribed person shall be final.
(9) For the
purposes of the exercise of its duties under this section, the committee shall,
to the exclusion of all authorities and persons whatsoever, have the same
rights and powers as if it had taken out representation to the deceased, and
any receipt given by the committee Shall have effect accordingly.
159.
Disposal of surplus by the prescribed person.‑On receipt of the
surplus referred to in subsection (6) of section 158 the prescribed person
shall proceed as follows:‑
(1) If he knows
of a representative, widow or next of kin of the deceased he shall pay the
surplus to that representative, widow or next of kin.
(2) If he does
not know of any such representative, widow or next of kin he shall publish
every year a notice in the prescribed form and manner for six consecutive
years. If no claim to the surplus is made by a representative, widow or next of
kin of the deceased within six months after the publication of the last of such
notices, the prescribed person shall deposit the surplus together with any
income or accumulation of income accrued therefrom to the credit of the Central
Government:
Provided that
such deposit shall not bar the claim of any person to such surplus or any part
thereof.
160.
Disposal of certain property without production of probate, etc.---
Property deliverable aid money payable to the representative, widow or next of
kin of a deceased officer under section 158 or section 159 may if the total
value thereof does not exceed two thousand rupees, and if the prescribed person
thinks fit, be delivered or paid to any one of them who appears to him to be
entitled to receive it or to administer the estate of the deceased, without
requiring the production of any probate, letters of administration, succession
certificate or other such conclusive evidence of title.
161.
Discharge of committee, prescribed person, and the Government.--‑Any
payment of money or delivery, application, sale or other disposition of any
property made, or in good faith purported to be made, by the committee or the
prescribed person in pursuance of section 158, section 159 or section 160 shall
be valid shall be a full discharge to those ordering or making the same and to
the Government from all further liability in respect of the property of money:
but nothing in this section shall affect the rights of any executor or
administrator or other representative, or of any creditor of the deceased
officer against any person to whom such delivery or payment has been made.
162.
Property in the hands of the committee or the prescribed person not to be
assets at the place where the committee or the prescribed person is stationed.‑Any
property coming under section 158 into the hands of the committee or the
prescribed person shall not, by reason of so coming be deemed to be assets or
effects at the place in which that committee or prescribed person is stationed
and it shall not be necessary by reason thereof that representation be taken
out in respect of that property for that place.
163. Saving
of rights of representative.‑After the committee has deposited with
the prescribed person the surplus of the property of any deceased officer under
subsection (6) of section 158 any representative of the deceased shall as
regards any property not collected by the committee and not forming part of the
aforesaid surplus, have the same rights and duties as if section 158 had not
been enacted.
164.
Applications of sections 158 to 163 to lunatics, etc.‑The provisions
of sections 158 to 163 shall, so far as they can be made applicable apply in
the case of an officer who notwithstanding anything contained in the Lunacy
Act, 1912 is ascertained in the prescribed manner to be insane, or who,
being on active, service is officially reported missing, as if he had died on
the day on which his insanity is so ascertained or, as the case may be, on the
day on which he is officially reported missing:
Provided that,
in the case of an officer so reported missing, no action shall be taken under
subsections (2) to (5) of section 158 until such time as he is officially
persumed to be dead.
165.
Appointment of standing committee of adjustment when officers die or desert
while on active service.‑When an officer dies or deserts while on
active service, the references in the foregoing section of this Chapter to the
committee shall be construed as references to the Standing Committee of
Adjustment, if any, appointed in this behalf in the manner prescribed.
166.
Interpretations.‑For the purposes of this Chapter‑--
(1) a person
shall be deemed to be a deserter if he without authority has been absent from
duty for a period of sixty days and has not subsequently surrendered or been
apprehended;
(2) the
expression “regimental and other debts in camp or quarters” includes money due
as military debts, namely, sums due in respect of, or of any advance in respect
of‑
(a) quarters;
(b) mess, band
and other regimental accounts;
(c) military
clothing, appointments and equipment, not exceeding a sum equal to six months'
pay of the deceased and having become due within eighteen months before his
death.
(3)
“representation” includes probate and letter of administration with or without
the will annexed, and a succession certificate, constituting a person the
executor or administration of the estate of a deceased person or authorising
him to receive or realize the assets of a deceased person;
(4)
“representative” means any person who has taken out representation.
167.
Complaint against Officers.‑(1) Any person subject to this Act, other
than an officer, who deems himself wronged by any superior or other officer,
may, if not attached to a unit, troop or company, complain to the officer
under whose command or orders he is serving; and may, if attached to a unit,
troop or company, complain to the officer commanding the same.
(2) When the
officer complained against is the officer to whom any complaint should under
subsection (1), be preferred the aggrieved person may complain to such
officer's next superior officer.
(3) Every
officer receiving such complaint shall examine into it for giving full redress
to the complainant or, when necessary refer it to superior authority.
(4) Every such
complaint shall be preferred in such manner and through such channel‑, as
may from time to time be specified by proper authority.
(5) The Central
Government may revise any decision by the Commander‑in‑Chief under
subsection (2), but otherwise the decision of the Commander‑in‑Chief
shall be final.
168.
Complaint by 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 and
through such channels as may from time to time be specified by proper
authority.
169.
Privileges of person attending Courts martial.‑(1) No president of
Member of a Court martial, no Judge Advocate, no party to any proceedings
before a Court martial, or his legal practitioner or agent, and no witness
acting in obedience to a summons or order 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 shall be discharged by order of
the Court martial.
170.
Exemption from arrest for debt.‑(1) No person subject to this Act
shall, so long as he belongs to the Pakistan Army, 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 shall examine into any complaint made by
any such person or his superior officer of the arrest of such person contrary
to the provisions of this section, and shall, 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.
171.
Property exempted from attachment.‑Neither the arms, clothes,
equipment, accoutrement or necessaries of any person subject to this Act, nor
any animal used by him for the discharge or his duty, shall be seized, nor
shall the pay and allowances of any such person or any part thereof be
attached, by direction of any civil or Revenue Court or any revenue officer, in
satisfaction of any decree or order enforceable against him.
172. Application
of the last two foregoing sections to reservists.‑Every person
belonging to any of the categories of the Reserves of the Pakistan Army
constituted under the Pakistan (Army and Air Forces) Reserve Act, 1950, shall,
when called out or engaged upon returning from, training or service, be
entitled to all the privileges accorded by sections 170 and 171 to a person
subject to this Act.
173.
Priority of hearing by Courts of cases in which persons subject to this Act are
concerned.‑(1) On the presentation to any Court by or on behalf of
any person subject to this Act of a certificate from the proper authority, that
leave of absence has been granted to him or has been 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 as far as may be
possible, for the hearing and final disposal of such suit or other proceeding
within the period of leave so granted or applied for.
(2) The
certificate from the proper authority shall state the first and the last day of
leave or intended leave, and shall 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 in respect 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 such inability and shall cause a
copy thereof to be furnished to such person on his application without any
payment whatever by him in respect of the application for such copy or of the
copy itself or otherwise.
(5) If in any
case a question arises as to the proper authority qualified to grant such
certificate as aforesaid such question shall be at once referred by the Court
to the officer commanding the corps or unit concerned, whose decision shall be
final.
174. Order
for custody and disposal of property pending trial in certain cases.‑When
any property regarding which any offence appears to have been committed, or
which appears to have been used for the commission of any offence, is produced
before a Court martial during a trial, the Court may make such order as it
thinks fit for the proper custody of such property pending the conclusion of
the trial and, if the property is subject to speedy or natural decay, may, after
recording such evidence as it thinks necessary, order it to be sold or
otherwise disposed of.
175. Order
for disposal of property regarding which offence committed.(1) After the
conclusion of a trial before a Court martial, the Court or the officer confirming
the finding of sentence of such Court martial, or any authority superior to
such officer, or in the case of the trial by summary Court martial, an officer
not below the rank of brigadier empowered in this behalf by the Commander‑in‑Chief,
may make such order as it or he thinks fit for the disposal by destruction,
confiscation, delivery to any person claiming to be entitled to possession
thereof or otherwise of any property or document produced before the Court or
in its custody, or regarding which any offence appears to have been committed
or which has been for the commission of any offence.
(2) Where any
order has been made under subsection (1) in respect of property regarding which
an offence appears to have been committed, a copy of such order signed and
certified by the authority making the same may, whether the trial was held
within Pakistan or not, be sent to a magistrate in any district in which such
property for the time being is, and such magistrate shall thereupon cause the
order to be carried into effect as if it was an order passed by such magistrate
under the provisions of the Code of Criminal Procedure, 1898.
Explanation.‑In
this section the term “property” includes, in the case of property regarding
which an offence appears to have been committed, not only such property as has
been originally in the possession on under the control of any person, but also
any property into or for which the same may have been converted or exchanged,
and anything acquired by such conversion or exchange whether immediately or
otherwise.
176. Powers
to make rules.‑(l) 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 subsection (1), such
rules may provide for‑
(a) the
retirement, release, discharge, removal or dismissal from the service of
persons subject to this Act;
(b) the
specification of punishments which may be awarded as field punishments under
sections 23 and 61;
(c) the
assembly and procedure of Courts of enquiry and the administration of oaths and
affirmations by such Courts;
(d) the
convening and constitution of Court martial;
(e) the
adjournment, dissolution and sittings of Courts martial;
(f) the
procedure to be observed in trials by Courts martial and the qualification of
legal practitioners who appear thereat;
(g) the
confirmation, revision and annulment of, and petitions against, the findings
and sentences of Courts martial;
(h) the
carrying into effect of sentences of Court martial;
(i) the forms
and orders to be made under the provisions of this Act relating to Courts
martial and sentences of death, transportation, rigorous imprisonment or
detention;
(j) the
constitution of authorities to decide for what persons, to what amounts and in
what manner provision should be made for dependants under section 71 and the
due carrying out of such decisions;
(k) the
relative rank of, and powers of command to be exercised by officers, junior
commissioned officers, warrant officers, petty officers and non‑commissioned
officers of the Pakistan Army, Navy and Air Force, when acting together;
(1) deductions
on account of public and regimental debts from the pay and allowances of
persons subject to this Act; and
(m) any matter
in this Act directed to be prescribed.
(3) All rules
made under this Act shall be published in the Official Gazette and, on such
publication, shall have effect as if enacted in this Act.
177.
Repeals.‑(1) The Acts and Ordinances mentioned in the Schedule are
hereby repealed.
(2) For the
removal of doubts it is hereby declared that nothing in the repeal of Indian
Army (Application of Provisions) Act, 1950 shall derogate from the conditions
of service, as respects remuneration, leave, pension and gratuity, or as
respects other similar rights, to which an officer to whom the Indian Army Act,
1911, was applied by that Act was entitled immediately before the fifteenth day
of August 1947.
178.
Definition.‑(1) In this Chapter the expression “British Officer”
means a person who, not being domiciled in Pakistan, holds a commission in His
Majesty's Land Forces or in the Territorial Army and is serving with the
Pakistan Army.
(2) The
expression “superior officer” in this Act shall be deemed to include a British
Officer and a warrant officer or non‑commissioned officer of His
Majesty's Forces or of the Territorial Army under whose orders a person subject
to this Act may be placed.
179. Power of
British Officer.‑A British officer shall have all the powers conferred,
or, which may be conferred, by or under this Act on an officer of corresponding
rank or holding a corresponding appointment.
PAKISTAN ARMY ACT, 1952
ACT
XXXIX OF 1952
[13th May,
1952]
An
Act to consolidate and amend the law relating to the Pakistan Army.
2A.
Secondment to Navy or Air Force.-----(New section 2A
ins. ibid., s.3 (with effect from the 1st April 1952)The Central
Government may by order in writing direct that any person (The words “belonging to the Army Medical Corps and” omitted
by the Pakistan Army (Amdt.) Ordinance 1959 (61 of 1959), s.2 (with effect from
the 1st April 1955)* * * subject to this Act otherwise than
under clause (bb) of sub‑section (1) of section 2 shall, under such conditions
as may be laid down by regulations, be seconded for service with the Pakistan
Navy or the Pakistan Air Force.]
PAKISTAN ARMY ACT, 1952
ACT
XXXIX OF 1952
[13th May,
1952]
An
Act to consolidate and amend the law relating to the Pakistan Army.
9A.
Administration of oath to warrant officers.---‑(New section 9A ins. by the Pakistan Army (Amdt.) Ordinance
1962 (21 of 1962), s.2)(1) An oath or affirmation in the prescribed form
shall be administered to every warrant officer by his commanding officer or by
any other officer authorised in this behalf by such commanding officer.
(2) The form of
oath or affirmation‑prescribed under this section shall contain a promise
that the warrant officer will be faithful to Pakistan and its Constitution and
bear true allegiance to the President of Pakistan and that he will faithfully
serve in the Pakistan Army and that he will 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.]
PAKISTAN ARMY ACT, 1952
ACT
XXXIX OF 1952
[13th May,
1952]
An
Act to consolidate and amend the law relating to the Pakistan Army.
15A. Fresh
oath to certain persons.-----(New section 15A ins. by
Ordinance 21 of 1962, s .4.)A fresh oath or affirmation in the form
prescribed in accordance with the provisions of sub‑section (2) of
section 15, as amended by the Pakistan Army (Amendment) Ordinance, 1962, shall
be administered to every person referred to in clause (b) of sub‑section
(1) of section 2 to whom the oath or affirmation was administered under the
Indian Army Act, 1911, or as the case may be, under this Act, before the
commencement of the said Ordinance.] VIII of 1911.
PAKISTAN ARMY ACT, 1952
ACT
XXXIX OF 1952
[13th May,
1952]
An
Act to consolidate and amend the law relating to the Pakistan Army.
78-A.
Inquiry into any other matter.-----(New section 78A ins
by the Pakistan
Army (Amdt.) Ordinance 1965 (15 of 1965), s .3.)A court of inquiry
may also be assembled in the prescribed manner to inquire into any matter which
may be referred to it.]
PAKISTAN ARMY ACT, 1952
ACT
XXXIX OF 1952
[13th May,
1952]
An
Act to consolidate and amend the law relating to the Pakistan Army.
96-A. Definition
of court martial.---(New section 96A ins. by the Pakistan
Army (Amdt.) Ordinance 1965 (40 of 1965), s.8)For the purposes of
sections 94 and 96, the term “court martial” shall include an officer
exercising authority under section 23.]
PAKISTAN ARMY ACT, 1952
ACT
XXXIX OF 1952
[13th May,
1952]
An
Act to consolidate and amend the law relating to the Pakistan Army.
Assented
to by the Governor‑General on 13th May, 1952, (Gazette, 14th May 1952).
THE SCHEDULE
(See
Section 177)
(1) The Indian
Army Act, 1911. (2) The Indian Army (Suspension of Sentences) Act, 1920. (3)
The States Forces Discipline Ordinance, 1949. (4) The Forces (Service by
Foreigners) Ordinance, 1949. (5) The Indian Army (Amendment) Act, 1950. (6) The
Indian Army (Application of Provisions) Act, 1950.
