Court martial legal representation explained: defending officer, friend of the accused, counsel, SCM legal adviser, preparation rights, denial, prejudice and AFT remedy.
Read MoreA practical guide to Army Rules 28–32 on court-martial charge-sheets: identity and jurisdiction, one offence per charge, particulars, CO signature, defects, prejudice and defence strategy.
Read MoreA practical guide to Army Rule 23 and the Summary of Evidence procedure, including cross-examination, the accused’s statement, defence witnesses, interpreters, written statements and court-martial remedies.
Read MoreArmy Rule 22 governs the hearing of charge by the Commanding Officer before further disciplinary action. This guide explains the accused’s rights, the Rule 180 exception, Summary of Evidence linkage and AFT consequences.
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If a statutory complaint in the Indian Army is rejected, the aggrieved person may approach the Armed Forces Tribunal by filing an Original Application, provided the dispute falls within the Tribunal’s service-matter jurisdiction. For officers, the statutory remedy is linked to Section 27 of the Army Act, 1950, which allows an officer who deems himself...
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Army Rule 51 allows an accused, before pleading to the charge, to offer a special plea to the general jurisdiction of the Court-Martial. If the Court considers that the plea shows lack of jurisdiction, it must receive evidence in support of the plea, evidence from the prosecution in disproof or qualification, and hear addresses from...
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Army Rule 37 deals with the convening of General and District Courts-Martial. Before convening a General or District Court-Martial, the competent officer must first satisfy himself that the charges are offences within the meaning of the Army Act and that the evidence justifies a trial on those charges. If he is not so satisfied, he...
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Army Rule 24 deals with the remand of accused after the Summary of Evidence is recorded under Army Rule 23. The Summary of Evidence must be considered by the Commanding Officer, who then has three broad options: remand the accused for trial by court martial, refer the case to the proper superior military authority, or,...
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Army Rule 180 protects a person subject to the Army Act when a Court of Inquiry affects his character or military reputation. In such a case, the affected person must be given full opportunity to remain present throughout the inquiry, make a statement, give evidence, cross-examine witnesses whose evidence affects his character or military reputation,...
Read MoreA statutory complaint in the Indian Army is a service-law remedy for redress of a grievance; it is not, merely because it is called a “statutory complaint”, a disciplinary complaint or a route for initiating court-martial proceedings. The governing provisions must be understood with reference to the status of the aggrieved person and the nature...
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