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 formal grievance-redressal remedy available under the Army Act, 1950, principally under Section 26 for persons other than officers and Section 27 for officers. It is used when an Army personnel considers himself wronged by a superior authority, adverse service action, ACR/APAR grading, promotion denial, administrative injustice,...
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Court martial appeal in India lies before the Armed Forces Tribunal under Section 15 of the Armed Forces Tribunal Act, 2007 against an order, decision, finding or sentence passed by a court martial. The Tribunal may interfere where the finding is legally unsustainable, involves a wrong decision on a question of law, or where material...
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Introduction The law on disability pension below 20% has often been trapped in a narrow administrative reading. A Medical Board assesses the disability at less than 20%, the pension authority treats the figure as decisive, and the claim for disability element is rejected. The process appears neat on paper. It is, however, far less satisfactory...
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