(c) Being on leave of absence and having received information from proper authority that the

corps portion of a corps department

to which he belongs has been ordered on active service failing without sufficient cause to rejoin without delay

(d) Without sufficient cause failing to appear at the time fixed at the

parade place

appointed for

exercise duty

(e) Quitting

parade the line of march

without sufficient cause

 

without leave from his superior officer

(f) When in camp

 

When in garrison

When in (else where)

being found

beoyond the limits fixed by in a place prohibited by

a general a local (other)

order without pass or written leave from his superior officer

(g) Without leave from his superior officer Without due cause

 

absenting himself from a school when duly ordered to attend there

 

 

 

 

 

Striking Or Threatening Superior Officers

(Section 40)

(a) Using criminal force to assaulting

his superior officer

(b) Using threatening language to his superior officer

(c) Using insubordinate language to him superior officer

Disobedience To Superior Officer

(Section 41)

(1) Disobeying in such manner as to show a wilful defiance of authority a lawful command given personally by his superior officer in the execution of his office.

(2) Disobeying a lawful command given by his superior officer.

Insubordination And Obstruction

(Section 42)

(a) When concerned in a

Quarrel

Refusing to obey

An officer who ordered him into arrest

 

Affray

Using criminal force to

 

 

Disorder

Assaulting

 

(b) Using criminal force to assaulting

A person in whose custody he was lawfully placed

 

 

(c) Resisting an escort whose duty it was

 

To apprehend him

 

 

 

To have him in charge

 

(d) Breaking out of

Barracks

 

 

 

Camp

 

 

 

Quarters

 

 

(e) Neglecting to obey

General

 

 

 

Local

order

 

 

(other)

 

 

(f) When called upon refusing to assist

 

The provost-marshal

 

 

 

A person lawfully acting on behalf

In the execution of his duty

 

 

Of the provost-marshal

 

(g)Using criminal force to assaulting

A person bringing

Provisions supplies

To the force

Fraudulent Enrolment

(Section 43)

(a) Without having obtained a regular discharge from his

Corps department

Enrolling himself in entering

the same another a part of the Territorial Army

Corps department naval air

Forces of India

Without having fulfilled the conditions enabling him to

Enroll enter

Enrolling himself in entering

The corps

 

To which he being

 

 

 

The department

 

 

 

 

 

Another corps

 

 

 

 

 

Another department

 

 

 

 

 

A part of the

Naval

Forces of India

 

 

 

The Territorial Army

Air

 

(b) Being concerned in the enrolment in any part of the Forces of a person when

Knowing

 

 

 

 

having reason to believe

Such to be so circumstanced that by enrolling he would commit an offence against the Army Act

False Answers On Enrolment

(Section 44)

Making at the time of enrolment wilfully false answer to a 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.

Unbecoming Conduct

(Section 45)

Being

An officer

Behaving in a manner unbecoming his position and the character expected of him

A junior

Commissioned officer

A warrant officer

Certain Forms Of Disgraceful Conduct

(Section 46)

(a) Disgraceful conduct of

A cruel

 

 

 

 

 

An indecent

Kind

 

 

 

 

An unnatural

 

 

 

 

(b) Malingering

 

 

 

 

 

Feigning

Disease

 

 

 

 

Producing

Infirmity

In himself

 

 

 

Intentionally

Delaying his cure

 

Disease

 

 

 

aggravating his

 

Infirmity

 

 

(c) Voluntarily causing hurt to

Himself

 

With intent to

Himself

 

 

A person

 

Render

That person

Unfit for service

Iii-Treating A Subordinate

(Section 47)

Using criminal

A person subject to

Rank

Force to III-treating

The Army Act being

position

 

His subordinate in

 

Intoxication

(Section 48)

INTOXICATION

Permitting Escape Of Person In Custody

(Section 49)

(a)When in

Guard

Willfully

Releasing without proper authority a person committed

Command of a

Piquet

Without reasonable

to his charge

 

 

Patrol

Excuse

Prisoner

Committed to his charge

 

Post

Refusing to receive

Person

 

(b) Willfully

Allowing to escape

Committed to his charge

Keep

 

Without

A person

 

 

 

Reasonable excuse

 

Whom it was his duty to

guard

 

Irregularity In Connection With Arrest Or Confinement

(Section 50)

(a) Unnecessarily detaining a person in

Arrest

Without bringing

 

 

 

Confinement

Him to trial

 

 

Unnecessarily failing to bring the case of a person in

 

Arrest

Before the proper authority for investigation

 

 

Confinement

 

 

 

At the time of

 

 

Into whose custody the person arrested was committed, an account in writing signed by himself of the offence with which the person so committed was discharged

 

Committal

 

Officer

(b) Having committed a person to military custody failing without reasonable cause to deliver

As soon as practicable

To the

 

Within forty-eight

 

 

 

Hours after such

 

Person

 

Committal

 

 

Escape From Custody

(Section 51)

When in lawful custody

Escaping

 

Attempting to

 

escape

Offences In Respect Of Property

(Section 52)

 

The Government

 

 

 

 

 

A military

Mess

 

 

 

(a) Committing theft of property

A naval

Band

Military

 

 

Belong to

An air force

Institution

Naval

law

 

 

A person subject to

 

Air force

 

 

 

Misappropriating

 

The Government

Mess

 

 

(b) Dishonestly

Converting to his

Property belonging to

A military

Band

 

 

 

Own use

 

A naval

Institution

Law

 

 

 

An air force

Military

 

 

 

 

A person

Naval

 

 

 

 

Subject to

Air force

 

 

(c) Committing criminal breach of trust in respect

 

In respect of property belonging to

The Government

 

 

 

 

A military

Mess

 

 

 

 

A naval

Band

 

 

 

 

An air force

Institution

 

 

 

 

A person subject to

Military

 

 

 

 

 

Naval

law

 

 

 

 

Air force

 

 

 

(d) Dishonestly

Receiving

The property

The Government

 

 

That theft

 

 

Retaining

Belonging to

A military

Mess

Knowing

Had been

 

 

A naval

Band

Having

Committed

 

 

An air force

Institution

Reason to

In respect of

 

 

 

 

believe

The same

 

 

A person

Military

 

Knowing

The same to

Misappropriated

By a

 

Subject to

Naval

law

Having

Have been

Converted

Person

 

 

Air force

 

Reason to

dishonestly

To his own

Subject

 

 

 

believe

 

use

To the

 

 

 

 

That criminal breach of trust

 

Army

 

 

 

 

Had been committed in

 

Act

(e) Wilfully

Destroying

 

 

Respect the same

 

 

Injuring

Property of the Government entrusted to him

 

 

(f) Such an offence as is mentioned in clause (f)

 

Defraud

 

 

 

Of section 52 of the Army Act

With intent to

Cause wrongful gain to a

 

 

 

 

 

Person

 

 

 

 

 

Cause wrongful loss to a

 

 

 

 

 

person

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Extortion And Corruption

(Section 53)

(a) committing extortion

 

 

 

Money

 

(b) Extracting without proper authority

Provisions

From a person

 

Service

 

Making Away With Equipment

(Section 54)

 

Arms

 

 

(a) Making away with

Ammunition

 

 

Being concerned in making

Equipment

 

 

Away with

Instruments

The property of the Government

Issued to him for his use entrusted to him

 

Tools

 

 

 

Clothing

 

 

 

A thing

 

 

 

Arms

 

 

 

Ammunition

 

 

 

Equipment

 

Issued to him for his use

(b) Losing by neglect

Instruments

The property of the Government

 

 

Tools

 

Entrusted to him

 

Clothing

 

 

 

A thing

 

 

(c) Selling

 

 

 

Pawning

A medal

Granted to him

 

destroying

A decoration

 

 

defacing

 

 

 

Injury To Property

(Section 55)

 

 

Arms

 

 

 

 

 

 

ammunition

 

 

 

 

 

 

Equipment

 

 

 

 

(a) Willfully

Destroying

Instruments

The property of the Government

Issued to him for his use

 

Without reasonable

 

Tools

 

 

 

 

Excuse

injuries

Clothing

 

 

Entrusted him

 

 

 

A thing

 

 

 

 

 

 

Property

 

 

 

 

 

 

Belonging to

A military

Mess

 

 

 

 

 

A naval

Band

 

 

 

 

 

An air force

Institution

 

 

 

 

 

A person

Military

 

 

 

 

 

Subject to

Naval

 

Law

 

 

 

 

Air force

 

 

 

 

 

A person

 

 

 

 

 

 

A serving with

 

The regular Army

 

 

 

A person

 

 

 

 

 

 

Attached to

 

 

 

(b) Willfully

Committing an act

Damage to

 

 

 

 

Without reasonable

Causing

Destruction of

Property of the Government by fire

 

 

excuse

 

 

 

 

 

 

 

Killing

 

 

 

 

 

(c) Willfully

Injuring

 

 

 

 

 

Without reasonable

Making away with

An animal entrusted to him

 

 

 

excuse

Ill-treating

 

 

 

 

 

 

losing

 

 

 

 

 

False Accusations

(Section 56)

(a) Making a false accusation against a person subject to the Army Act

Knowing

Such accusation to be false

(b) In making a complaint

Under Section 26 of the Army Act

Having reason to believe

Knowing

 

Under Section 26 of the Army Act

Making a statement affecting

Having reason to

 

 

The character of a person

believe

 

 

Subject to the Army Act

 

 

 

Knowingly and willfully suppressing

A material fact

Falsifying Official Documents And False Declaration

(Section 57)

 

Report

Made by him

 

 

 

Return List

Signed by him

Knowingly making

A false statement

(a) In a

Certificate

Of the contents of which it was his duty to ascertain the accuracy

being privy to the making of

A fraudulent statement

 

Book

 

 

 

(other document)

 

 

 

 

Report

 

 

 

(b)

Return List

Made by him

 

 

 

Certificate

Signed by him

 

 

 

Book

Of the contents of which it was his

 

duty to ascertain the accuracy

Knowingly making

An omission with intent to defraud

 

(other document)

being privy to the making of

 

(c) Knowingly and with intent to

Injure a person

Suppressing

 

Preserve

 

 

Defacing

A document which it was his duty to

 

 

Defraud

Altering

 

 

 

 

Making away with

 

Produce

(d) Where it was his official duty to make a declaration respecting a matter knowingly making a false declaration

 

For himself

A pension

By a false statement which he

Knew

 

(e) Obtaining

For a person

An allowance

 

Believed

To be false

 

 

An advantage

 

Did not believe to be

 

 

 

A privilege

By making a false entry in a

True

 

 

 

 

By using a false entry in a

Book

 

 

 

 

By making a document containing a false statement

 

 

 

By omitting to make a true entry or a document containing a true statement

Signing In Blank And Failure To Report

(Section 58)

 

Pay

 

 

 

 

Arms

 

 

 

 

Ammunition

 

 

 

(a) When signing a

 

document

Equipment

 

 

 

Clothing

Fraudulently leaving a blank a material part for which his signature is a voucher

Relating to

Supplies

 

 

 

 

Stores

 

 

 

 

Property of the Government

 

 

 

(b) Refusing to

Make

A report

Which is/was his duty to

Make

By culpable neglect

 

 

 

 

Omitting to

Send

A return

 

send

Offences Relating To Courts-Martial

(Section 59)

 

Summoned

As a witness before a

 

court-Martial

Willfully

 

 

 

(a) When duly

Order to

Without reasonable

Making default in attending

 

 

Attend

 

Excuse

 

 

 

(b) Refusing to

Take an oath legally required by a Court-Martial to be taken

 

 

 

 

Make an affirmation legally required by a Court-Martial to be made

 

 

 

(c) Refusing to

Produce

 

Power

Legally required

Produced

 

 

 

A document in his

 

By a Court-Martial to be

 

By him

 

Delivery

 

Control

 

Delivered

 

(d) Refusing when a witness to answer a question which he was by law bound to answer

 

Using

Insulting

Language

 

 

 

(e) Contempt of Court-Martial by

 

Threatening an interruption

In the proceedings of such Court

 

 

 

 

Causing

A disturbance

 

 

 

 

False Evidence

(Section 60)

 

Sworn

 

A Court-Martial

 

 

 

Having been duly

 

Before

A Courtcompetent under the Army Act to administer an oath or affirmation

Making a false statement which he

Knew

 

 

 

 

Believed

 

 

Affirmed

 

 

Did not believe

To be false

To be true

 

Unlawful Detention Of Pay

(Section 61)

Having received the pay of a person

 

Subject to the Army Act unlawfully

Detaining the same

 

Refusing to pay the same

When due

Offences In Relation To Aircraft And Flying

(Section 62)

(a) Willfully

Damaging

Aircraft

 

 

Without reasonable excuse

Destroying

 

Belonging to the Government

 

 

Losing

Aircraft material

 

 

(b) An Act

 

Damage to

Aircraft

 

 

Likely to cause

Destruction of

 

Belonging to the Government

Neglect

 

loss

Aircraft material

 

(c) Without lawful authority disposing of

Aircraft

Belonging to the government

 

 

 

Aircraft material

 

 

 

In flying

Which caused

Loss of life

 

(d) An Act

In the use of aircraft

Which was

 

 

 

In relation to aircraft

Likely to

 

To a person

Neglect

In relation to aircraft material

Cause

Bodily injury

 

 

Willfully and without proper

 

The sequestration by or under the Authority of

A neutral State of an aircraft belonging to the Government

During the State of war

Occasion

causing

 

 

 

negligently

 

The destruction in

 

Violation Of Good Order And Discipline

(Section 63)

 

An Act

 

 

Prejudicial to good order and military discipline

An omission

 

Miscellaneous

(Section 64)

(a) When in command

At a post

Having received a

 

Complaint that a person

Under his command has

Beaten

A person

 

 

 

 

Maltreated

 

 

Have due reparation

 

Made to the injured person

 

On the march

oppressed

A fire

Failing to

 

 

 

Disturbed

A market

 

 

 

 

 

 

A riot

 

Report the case to proper

 

 

 

Committed

A trespass

 

authority

(b) By defiling a place of

 

worship otherwise

Intentionally

Insulting the religion

 

Wounding the religious

feelings

 

 

 

 

 

Of a person

 

 

 

 

 

 

 

 

 

(c) Attempting to commit suicide and in such attempt doing an act towards the commission of the same

(d) Being below the rank

 

Of warrant officer and

Carrying when off duty

A rifle

 

 

Camp

 

 

A sword

Without proper authority

In

Cantonment

 

 

An offensive weapon

 

About

A town

 

 

 

 

 

When going to

A bazaar

 

 

 

 

 

 

A town

 

 

 

 

 

When returning from

A bazar

 

 

(e) Accepting

 

 

For procuring

 

 

 

Obtaining

For himself

A gratification as a

Motive

 

The enrolment of a person

 

Agreeing

For another person

 

 

For procuring

Leave of absence

 

To accept

 

 

Reward

 

Promotion

For a person

Attempting

 

 

 

 

An advantage

in the service

To obtain

 

 

 

 

An indulgence

 

(f) Committing an offence against the

Property

An advantage of an inhabitant of

The country in which he was serving

 

 

 

 

Person

Of a resident in

 

 

 

 

Attempt

(Section 65)

Attempting to (specify offence attempted) and in such attempt doing an act towards the commission of the same.

Abetment Of Offences That Have Been Committed

(Section 66)

Abetment of an offence specified in section (specify the section and sub-section) of the Army Act in consequence of which abetment such offence was committed.

Abetment Of Offence Punishable With Death And Not Committed

(Section 67)

 

34

 

 

37

 

Abetment of an offence punishable with death under section

 

Of the Army Act in consequence of which abetment such offence was not committed.

 

38(1)

 

Abetment Of Offences Punishable With Imprisonment And Not Committed

(Section 68)

Abetment of an offence specified in section (specify the section and sub-section) of the Army Act and punishable with imprisonment in consequence of which abetment such offence was not committed.

Civil Offences

(Section 69)

Committing a civil offence, that is to say (state the offence as described in Indian Penal Code or other law in force in India), contrary to section ………………… (specify the section of the Indian Penal Code of other law).

PART IV

Specimen Charges

The following specimen charges (which are not, however, prescribed in any rules) may be found useful. Only statements of offences and particulars of the charges have been given.

No. 1

Charge-Sheet

[Section 34(a)]

Shamefully Abandoning A Post Committed To His Charge,

in that he,

at…………………….on……………….when in charge of Post No………………….in Sector ………………….and attacked by the enemy, shamefully abandoned the said post, without any attempt to resist the enemy.

No. 2

Charge-Sheet

[Section 34(b)]

Intentionally Using Means To Induce A Person Subject To Military Law To Abstain From Acting Against The Enemy,

in that he,

at ……………………on……………………, when both he and No………………………Rank ……………………….Name……………………., of his Regiment were in forward post under enemy fire said to the said …………………(insert the words in vernacular of which the following is an English translation:-

“We are likely to be killed. Think of your wife and children. Let us run away from the post and hide in the nullah nearby”.

No. 3

Charge-Sheet

[Section 34(c)]

IN THE PRESENCE OF THE ENEMY MISBEHAVING IN SUCH MANNER AS TO SHOW COW ARDICE,

in that he,

at………………….,on………………..when Sep……………..of…………………., one of the sentries at the Regimental Quarter Guard, had mortally wounded one Sepoy of the said guard and seriously wounded another and was firing his rifle in all directions, showed cowardice by abandoning the said Quarter Guard and hiding himself.

No. 4

Charge-Sheet

[Section 34(h)]

IN TIME OF ACTION LEAVING HIS PICQUET WITHOUT LEAVE,

in that he,

at………………….,on………………., in time of action, between 2000 hrs. and 2200 hrs. being on duty at picquet……………………..left the said picquet without leave.

No. 5

Charge-Sheet

[Section 35(b)]

Without Due Authority Communicating Intelligence To Enemy,

in that he,

at…………………., on………………………., without due authority communicated to ……………………..an enemy agent, that 1st Battalion. The Dogra Regiment was moving to ……………on………………

No. 6

Charge-Sheet

[Section 36(a)]

Forcing A Sentry,

in that he,

at…………………..on……………………..after being warned by No…………………….Rank ……………………..Name………………………..of…………………………., Regiment, a sentry on post No ……………………no to pass, passed the said sentry.

No. 7

Charge-Sheet

[Section 36(b)]

Breaking Into A House In Search Of Plunder,

in that he,

when on active service, at …………………………… on…………………., broke into the house of Shri ……………………..of…………………….in search of plunder.

No.8

Charge-Sheet

[Section 36(c)]

When A Sentry Sleeping, Upon Post,

in that he,

when on active service, at………………………, on…………………, between 0100 hrs. and 0200 hrs., when a sentry at………………………..post, was asleep.

No. 9

Charge-Sheet

[Section 36(d)]

Leaving His Post Without Orders From His Superior Officer,

in that he,

at field, between 0400 hrs. and 0600 hrs. on ……………………………… when on sentry duty at ……………………….post, quitted his post without orders from his superior officer.

No. 10

Charge-Sheet

(Joint Trial)

[Section 37(a)]

Conspiring With Other Persons To Cause A Mutiny In The Military Forces Of India,

in that they,

at…………………….., on…………………., agreed together and with No…………………Rank ………………..Name……………………, of…………………..battalion (and certain other persons unknown) to cause a mutiny in …………………….company of the said battalion, to wit, to cause the said company to refuse to march on the ……………………to………………………to which place the said company was under orders to march.

No. 11

Charge-Sheet

(Joint Trial)

[Section 37(b)]

Joining In A Mutiny In The Military Forces Of India,

in that they, together,

at………………….,on…………………, in company with a number of other sepoys of the……………….company…………………..(unit), in a mutinous spirit marched to the orderly room of the said (unit) with the object of making a combined representation on a matter of supposed grievance to their commanding officer and then and there, they with the exception of No …………………Rank……………………..Name* ……………..on……………………seeing the said* …………………….marched out of the orderly room in custody, insubordinately took off their belts and threw them on the ground.

No. 12

Charge-Sheet

[Section 37(c)]

Being Present At A Mutiny In The Military Forces Of India, Not Using His Utmost Endeavours To Suppress The Same,

in that he,

at……………,on…………………., being present when Sepoy…………………Sepoy………………..and other soldiers of the same Regiment together refused to go on a route march when ordered to do so by the company Commander, failed to use his utmost endeavours to suppress the said muting.

No. 13

Charge-Sheet

[Section 38(1)]

Deserting The Service,

in that he,

at…………………….., on………………, absented himself from…………………Regiment, until apprehended by the civil police at……………on……………

No. 14

Charge-Sheet

[First Charge, Section 38(1)]

Deserting The Service,

in that he,

at……………………, on………………………., absented himself from the Regiment, until apprehended by the civil police, at………………..on……………….

[Second Charge, section 52(a)]

Committing Theft In Respect Of Property Belonging To The Government,

in that he,

when absenting himself from his Regiment at the place and on the day aforesaid, committed theft by dishonestly taking with him one rifle …………………….(give description) value ……………………and twenty rounds of 303 ball ammunition value………………………., the property belonging to the Government.

Note 1. – As a rule, proof of the date and circumstances in which the period of absence terminated is necessary to enable the Court to decide whether the absence constituted desertion or merely absence without leave. Occasionally, however, these facts are not material, and proof of them cannot be obtained without inconvenience to the public service and great delay. In such cases they need not be proved, and should, therefore, not be averred in the particulars of the charge. See Charge-Sheet No. 16 below.

Note 2. It is immaterial whether the rifle is the one issued to the accused or to a comrade. See Indian Penal Code, section 27 and illustration (d) to Indian Penal Code, section 378.

No. 15

Charge-Sheet

[Section 38(1)]

Deserting The Service,

in that he,

at…………………, on…………………….., when under orders for embarkation for foreign service, absented himself from……………….to…………………..with intent to avoid such embarkation.

No. 16

Charge-Sheet

[Section 38(1)]

Deserting The Service,

in that he,

at……………….., on…………………deserted from the Regiment.

Note. – This form may be used when the date and circumstances of the termination of the absence are not material facts, and proof of them cannot be obtained without an unreasonable amount of delay or expense. See Note 1 to Charge-Sheet No. 14.

No. 17

Charge-Sheet

[Section 38(1)]

Deserting The Service,

in that he,

at ……………………. on……………………. having been placed under orders from active and having been granted leave of absence from………….to………….to proceed to……………………………..did not rejoin at…………………………….on the expiry of the said leave but absented himself with intent to avoid such active service.

Note. – It will often be advisable to frame an alternate charge for without sufficient cause overstaying leave granted to him. See Charge-Sheet No. 22 below. With respect to a case in which the accused has been apprehended by the civil police. See Note 1 to Charge-Sheet No. 14.

No. 18

Charge-Sheet

[Section 38(1)]

Attempting To Desert The Service,

in that he,

at………………………, on……………………, attempted to quit the lines of his Regiment disguised as a woman, with the intention to desert the service.

No. 19

Charge-Sheet

[Section 38(2)]

Harbouring A Person Subject To The Army Act Knowing Him To Be A Deserter,

in that he,

at…………………on………………….., concealed in his house No……………………….Rank ………………………Name…………………. of………………………Regiment, whom he knew to be a deserter from the said……………………..Regiment.

No. 20

Charge-Sheet

[Section 38(3)]

Being Cognisant Of The Desertion Of A Person Subject To The Army Act Not Giving Notice Forthwith To His Own Or Other Superior Officer,

in that he,

at……………………., on…………………., when cognisant of the desertion of No………………..Rank …………………., Name……………………., of the said unit, did not give notice thereof forthwith to his own or other superior officer.

No. 21

Charge-Sheet

[Section 39(a)]

Absenting Himself Without Leave,

in that he,

at…………………, absented himself without leave from the unit lines from…………..to………………..

No. 22

Charge-Sheet

[Section 39(b)]

Without Sufficient Cause Overstaying Leave Granted To Him,

in that he,

at…………………, on…………………………, having been granted leave of absence from ……………………..to………………………to proceed to……………………………failed without sufficient cause, to rejoin at…………………….. on…………………….., on the expiry of the said leave.

No. 23

Charge-Sheet

[Section 39(c)]

Being On Leave Of Absence Having Received Information From Proper Authority That Corps To Which He Belongs Has Been Ordered On Active Service Failing Without Sufficient Cause To Rejoin Without Delay,

in that he,

on………………………., while on leave of absence at…………………………., having received information from………………………that the………………………….Regiment had been ordered on active service, failed, without sufficient cause, to rejoin the said Regiment without delay.

No. 24

Charge-Sheet

[Section 39(d)]

Without Sufficient Cause Failing To Appear, At The Time Fixed, At The Place Appointed For Duty,

in that he,

at……………………, on…………………..failed without sufficient cause to appear at ………………hrs. at………………………….the place appointed for PT (commanding officer’s) parade.

No. 25

Charge-Sheet

[Section 39(e)]

Quitting The Line Of March Without Leave From His Superior Officer,

in that he,

at…………………, on………………….., when on the line of march from……………………..to …………………..fell out without leave from the officer commanding his company.

No. 26

Charge-Sheet

[Section 40(a)]

Using Criminal Force To His Superior Officer,

in that he,

at……………………., on……………….., struck with a stick on the head of No…………………Rank ………………., Name…………………….of the same Regiment.

No. 27

Charge-Sheet

[Section 40(a)]

Assaulting His Superior Officer,

in that he,

S at…………………, on………………………, when ordered by No……………..Rank…………………., Name………………….of the same Regiment to report to him at……………….hrs. that day, picked up a stone and threatened to throw it at the said……………….

No. 28

Charge-Sheet

Using Threatening Language To His Superior Officer,

[Section 40(b)]

in that he,

at………………………, on……………….., when ordered by No………………, Rank ……………….., Name……………….., of the same Regiment to fall in for parade, said to the said ……………………….. “who the hell are you to fall me in, I will bash your head”, or words to that effect.

No. 29

Charge-Sheet

[Section 40(c)]

Using Insubordinate Language To His Superior Officer,

in that he,

at…………………., on…………………., said to No………………, Rank……………………., Name ……………………………, of the same Regiment, “You know only how to get drunk everyday. You are good for nothing”, or words to that effect.

No. 30

Charge-Sheet

[Section 41(1)]

Disobeying In Such Manner As To Show A Wilful Defiance Of Authority, A Lawful Command Given Personally By His Superior Officer In The Execution Of His Officer,

in that he,

at…………………, on………………., when ordered by No…………………., Rank………………….., Name………………………., the Guard Commander to proceed to sentry post, said “I shall not go, do what you feel like” and did not proceed to the sentry post from the guard room.

No. 31

Charge-Sheet

[Section 41(2)]

Disobeying A Lawful Command Given By His Superior Officer,

in that he,

at …………………….., on……………………, when ordered by No…………………., Rank …………………, Name…………………………., of the same Regiment to eat his food, did not do so.

No. 32

Charge-Sheet

[Section 41(2)]

Disobeying A Lawful Command Given By His Superior Officer,

in that he

at……………………., on………………….. when ordered by No………………………, Rank ………………….., Name………………………, of the same Regiment to fall in for PT parade, did not do so.

No. 33

Charge-Sheet

[Section 42(b)]

Using Criminal Force To A Person In Whose Custody He Was Lawfully Placed,

in that he,

at……………….on………………………, when placed by No………………………., Rank ……………………… Name……………………., Regiment……………………..with custody of No ………………….. Rank…………………………., Name* ………………………… of the same unit struck with his web belt, on the head, the said* ……………………….

No. 34

Charge-Sheet

[Section 42(b)]

Using Criminal Force To A Person In Whose Custody He Has Been Lawfully Placed,

in that he,

at……………………, on……………………… struck on the head Civil Police Constable No …………………Name………………………. of……………………Police Station, in whose custody he was lawfully placed.

No. 35

Charge-Sheet

[Section 42(e)]

Neglecting To Obey Regimental Orders,

in that he,

at …………………., on………………….., bathed in the river…………………………. above camp, contrary to Regimental Daily Order Part I No ……………………, dated……………………., which directed all persons to abstain from bathing in that part of the river.

No. 36

Charge-Sheet

[Section 42(e)]

Neglecting To Obey Regimental Orders,

in that he,

at…………………., on………………………, neglected to obey battalion daily order Part I No ………………………………., dated…………………………..by entering Lal Chowk which had been placed out of bounds by the said order.

No. 37

Charge-Sheet

[Section 42 (f)]

When Called Upon Refusing To Assist The Provost Marshal, In The Execution Of His Duty,

in that he,

at…………………, on………………….., when called upon by No…………………, Rank…………………., Name…………………… Assistant Provost Marshal of HQ…………………..Corps to assist him in arresting No……………………….., Rank…………………..Name……………….Regiment, an offender, refused to do so.

No. 38

Charge-Sheet

[Section 42(g)]

Using Criminal Force To A Person Bringing Supplies To The Forces,

in that he,

at……………………., on………………….., struck on the face Shri……………………….., a civilian contractor bringing supplies to the forces.

No. 39

Charge-Sheet

[Section 43(a)]

Without Having Obtained A Regular Discharge From His Corps Enrolling Himself In Another Corps,

in that he,

at………………….., on…………………….., without having obtained a regular discharge from the ………………………….Regiment, enrolled himself in the………………………….Regiment.

No. 40

Charge-Sheet

(Section 44)

Making At The Time Of Enrolment A Wilfully False Answer To A 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,

in that he,

at……………………, on………………………, when appeared before IC………………….., Rank ……………………… Name…………………… an enrolling officer, for the purpose of being enrolled for service in the…………………………….Regiment, to the question put to him “Have you ever served in the Indian Armed Forces?” answered “No”, whereas he had served as he well knew in the…………………………Regiment.

No. 41

Charge-Sheet

(Section 45)

Being An Officer Behaving In A Manner Unbecoming His Position And The Character Expected Of Him,

in that he,

at…………………, on…………………….., in payment of his mess bill No……………………….. dated……………………………gave to the Mess Secretary cheque, dated………………………….for Rs…………………………..drawn on the SBI………………………….(Branch) which was dishonoured when presented, well knowing that he had not sufficient funds in the said branch of the Bank to meet the said cheque, and having no reasonable grounds for supposing that the said cheque would be honoured when presented.

No. 42

Charge-Sheet

[Section 46(a)]

Disgraceful Conduct Of An Indecent Kind,

in that he,

at……………….., on………………………, at about 2340 hrs. with indecent intent got into bed with No ………………………….. Rank……………… Name………………………….. of the same Regiment.

No. 43

Charge-Sheet

[Section 46(a)]

Disgraceful Conduct Of An Unnatural Kind,

in that he

at………………………., on………………, committed an unnatural offence on the person of ……………………….. a Sepoy in the same Regiment.

No. 44

Charge-Sheet

[Section 46(b)]

Malingering,

in that he,

at………………….., on…………………., falsely pretended of Capt…………………………., regimental medical officer, that he (the accused) was suffering from a sprained ankle.

No. 45

Charge-Sheet

[Section 46(b)]

Malingering,

in that he,

at……………….., on……………………., between……………….and…………………hrs. with the intention of evading his duties as a member of the Quarter Guard counterfeited dumbness.

No. 46

Charge-Sheet

[Section 46(b)]

Feigning Disease In Himself,

in that he,

at……………………., on……………………, pretended to Captain……………………….. regimental medical officer, that he was suffering from violent pain in the head and down in back, whereas he was not so suffering.

No. 47

Charge-Sheet

[Section 46(b)]

Intentionally Delaying His Cure,

in that he,

at…………………., on………………………., when under medical treatment for a wound in his leg removed the bandages from the said wound with intent thereby to delay his cure and did thereby delay his cure.

No. 48

Charge-Sheet

[Section 46(c)]

Voluntarily Causing Hurt To A Person With Intent To Render That Person Unfit For Service,

in that he,

at……………………, on………………….., at the request of No……………………, Rank ………………………., Name……………………, cut off the trigger finger of the said …………….with intent to render him unfit for service.

No. 49

Charge-Sheet

(Section 47)

Using Criminal Force To A Person Subject To The Army Act Being His Subordinate In Rank,

in that he,

at………………….., on…………………., when drilling a squad of Sepoys, struck Sepoy ………………………….of the same Regiment on the shoulder with a pacestick.

No. 50

Charge-Sheet

(Section 47)

Ill-Treating A Person Subject To The Army Act Being His Subordinate In Rank,

in that he,

at………………….., on…………………, ill-treated No……………, Rank………………….., Name…………………………., of the same unit, by making him stand in the sun between 10 a.m. and 4 p.m. and not allowing him to drink water during the said period.

No. 51

Charge-Sheet

(Section 48)

Intoxication,

in that he,

at…………………….., on…………………….., when on duty (specify duty) was intoxicated.

No. 52

Charge-Sheet

[Section 49(a)]

WHEN IN COMMAND OF A GUARD WILFULLY RELEASING WITHOUT PROPER AUTHORITY A PERSON COMMITTED TO HIS CHARGE,

in that he,

at……………………, on……………………, when in command of the Quarter Guard of the …………………………………….Regiment, wilfully released, without proper authority, No ……………………. Rank………………………….. Name…………………………., Regiment, who was confined in the said Quarter Guard and committed to his charge.

No. 53

Charge-Sheet

[Section 49(b)]

Without Reasonable Excuse Allowing To Escape A Person Whom It Was His Duty To Guard,

in that he,

at………………. on………………, when posted as sentry over No………………, Rank……………….. Name……………………of…………………..Regiment, allowed the said ………………………….to escape without reasonable excuse.

No. 54

Charge-Sheet

[Section 50(a)]

Unnecessary Detaining A Person In Confinement Without Bringing Him To Trial,

in that he,

at…………………., on………………………., when officiating commanding officer…………….., Regiment unnecessary detained No…………, Rank …………………., Name……………………., of the same Regiment in confinement from …………………..to……………………..without bringing the said ……………………..to trial.

No. 55

Charge-Sheet

(Section 51)

When In Lawful Custody Escaping,

in that he,

at……………………, on…………………….., when under close arrest in the unit Quarter Guard escaped therefrom.

No. 56

Charge-Sheet

[Section 52(a)]

Committing Theft Of Property Belonging To The Government,

in that he,

at……………………., on……………………, committed theft in respect of one rifle 7.62 SLR Registered No ……………………., value………………………., the property of the Government.

No. 57

Charge-Sheet

[Section 52(a)]

Committing Theft Of Property Belonging To A Person Subject To Military Law,

in that he,

at………………………….. on……………………….., committed theft in respect of a watch, the property of No…………………., Rank……………………, Name………………….., of the same Regiment.

No. 58

Charge-Sheet

[Section 52(b)]

Dishonestly Misappropriating Property Belonging To The Government,

in that he,

at…………………, between……………….and………………..dishonestly misappropriated round, of 7.62 SLR ammunition, property of the Government value…………………………which had been entrusted to his charge for the target practice of ………………………….company.

[Second Charge, section 63 (Alternative to first charge)]

AN ACT PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE,

in that he,

at……………………., on…………………., through neglect lost twenty rounds of 7,62 SLR ammunition, the property of the Government value ………………………. which had been entrusted to him for the target practice of ………………….company.

No. 59

Charge-Sheet

[Section 52(c)]

Committing Criminal Breach Of Trust In Respect Of Property Belonging To The Government,

in that he,

at…………………, on………………………., dishonestly, misappropriated a sum of Rs …………………………….the property belonging to the Government, which was entrusted to him as OC 9 Bihar Bn NCC.

No. 60

Charge-Sheet

[Section 52(d)]

Dishonestly Receiving The Property Belonging To The Government Knowing That Theft Had Been Committed In Respect Of The Same By A Person Subject To Military Law,

in that he,

at……………………., on…………………….., dishonestly received 2 jerricans of 70 MT, the property belonging to the Government, which he knew to have been stolen by No………………… Rank………………., Name……………………, of…………………. Regiment.

[Second Charge, Section 63 (Alternative)]

AN ACT PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE,

in that he,

at …………………., on………………….. was in unauthorised possession of 2 jerricans of 70 MT, the property belonging to the Government.

No. 61

Charge-Sheet

[Section 52(e)]

Wilfully Destroying Property Of The Government Entrusted To Him,

in that he,

at………………….., on………………….., wilfully destroyed by breaking it up one heliograph value ……………………………….the property of the Government which had been entrusted to him for his use as a Regimental signaller.

No. 62

Charge-Sheet

[Section 52(f)]

Such An Offence As Is Mentioned In Clause (F) Of Section 52 Of The Army Act With Intent To Defraud,

in that he,

at…………………., on……………………, with intent to defraud, obtained from………………., a shopkeeper, three tins of Gold Flake cigarettes value at Rs ……………………..by falsely pretending that he, the accused, was an orderly to Capt ……………………Regiment and that he had been sent by the said Capt…………………….for the said cigarettes.

No. 63

Charge-Sheet

[Section 52 (f)]

Such An Offence As Is Mentioned In Clause (F) Of Section 52 Of The Army Act With Intent To Defraud,

in that he,

at…………………, on………………………, with intent to defraud, forged the name of Captain ……………………….., to a post office order for Rupees………………………, and thereby detained the sum of Rupees ………………………….

No. 64

Charge-Sheet

[Section 52 (f)]

Such An Offence As Is Mentioned In Clause (F) Of Section 52 Of The Army Act With Intent To Cause Wrongful Loss To A Person,

in that he,

at……………………, on…………………….., with intent to cause wrongful loss to No…………….., Rank*…………………, Name…………………debited the said* ……………………………….. in the acquittance roll for Rs ……………………….., of…………………., Coy…………………Regiment, with a deduction of Rs…………………………on account of clothing, which deduction he did not credit to the said*…………………………clothing account.

No. 65

Charge-Sheet

[Section 52(f)]

Such An Offence As Is Mentioned In Clause (F) Of Section 52 Of The Army Act, With Intent To Cause Wrongful Loss To A Person,

in that he,

at………………….., on………………………, having received from No………………………….., Rank ………………………., Name…………………………., of the same Regiment, the sum of rupees hundred (Rs. 100) for the purpose of despatching a money order, did not despatch the money order, but with intent to cause wrongful loss to the said* ………………………..converted Rupees hundred to his own use.

No. 66

Charge-Sheet

[Section 53(a)]

Committing Extortion,

in that he,

at……………………, on…………………., by threatening to make a false report to the officer commanding their Coy to the effect that No…………………….. Rank…………………………., Name* ……………………. and No………….., Rank………………., Name*………………………, had committed an unnatural offence together, extorted Rs ………………………., from each of the said* …………………………persons.

No. 67

Charge-Sheet

[Section 53(b)]

Extracting Without Proper Authority Money From A Person,

in that he,

at……………………, on…………………….., extracted, without proper authority Rs………………., from No………………., Rank……………………., Name………………………, of the same Regiment.

No. 68

Charge-Sheet

[Section 54(a)]

Making Away With Clothing The Property Of The Government Issued To Him From His Use,

in that he,

at……………………, on…………………., sold his great coat (value Rs………….) property of the Government, issued to him for his use to ……………………, for Rupees………………..

No. 69

Charge-Sheet

[Section 54(b)]

Losing By Neglect Identity Card The Property Of The Government Issued To Him For His Use,

in that he,

at………………….., on………………………, lost by neglect identity card No……………………., the property of the Government, issued to him for his use.

No. 70

Charge-Sheet

[Section 54(b)]

Losing By Neglect Identity Card The Property Of The Government Issued To Him For His Use,

in that he,

at………………………, on………………….., was deficient of identity card No…………………. the property of the Government, issued to him for his use.

Note. – Ordinarily proof of the date and circumstances of the loss of the property is necessary. Occasionally, proof of them cannot be obtained. In such cases the particulars of the charge need that the accused was deficient of the property in question on a specified date.

No. 71

Charge-Sheet

[Section 55(a)]

Without Reasonable Excuse Destroying Ammunition, The Property Of The Government Entrusted To Him,

in that he,

at…………………….., on……………………, when NCO i/c of the ammunition dump, without reasonable excuse destroyed 100 rounds of 7.62 SLR ammunition, the property of the Government entrusted to him.

No. 72

Charge-Sheet

[Section 56(a)]

Making A False Accusation Against A Person Subject To The Army Act Knowing Such Accusation To Be False,

in that he,

at……………………., on…………………., when appearing before Colonel A…………………., B …………………………., commanding the…………………………., Regiment to answer for an offence, used language to the following effect, that is to say, “Maj. C …………………………..the Coy commander takes no interest in his work and is entirely in the hands of the platoon commanders who in their turn take bribes all round and allow no one without a bribe to approach the “Maj Sahib”, well knowing the said statement to be false.

No. 73

Charge-Sheet

[Section 56(b)]

IN MAKING A COMPLAINT UNDER SECTION 27 OF THE ARMY ACT MAKING A STATEMENT AFFECTING THE CHARACTER OF A PERSON SUBJECT TO THE ARMY ACT KNOWING SUCH STATEMENT TO BE FALSE,

in that he,

at………………….., on……………………, in a complaint under section 27 of the Army Act address addressed to the Central Government, made the following statement “The CO is indulging in all sorts of malpractices in spending the money received by the unit out of the Annual Training Grant”, well knowing the said statement to be false.

No. 74

Charge-Sheet

[Section 57(a)]

IN A CERTIFICATE SIGNED BY HIM KNOWINGLY MAKING A FALSE STATEMENT,

in that he,

at…………………., on………………………, in a certificate signed by him in TA/DA claim for his temporary duty from his unit to……………………….., for the duration from……………………., to …………………….., stated that he was not provided with free messing at the outstation, well knowing the said statement to be false.

No. 75

Charge-Sheet

[Section 57(c)]

Knowingly And With Intent To Defraud Making Away With A Document Which It Was His Duty To Preserve,

in that he,

at………………….., on…………………….. when accounts officer of his unit knowingly and with intent to defraud destroyed by burning the cash book pertaining to the regimental accounts of the unit, a document which it was his duty to preserve.

No. 76

Charge-Sheet

[Section 57(d)]

Where It Was His Official Duty To Make A Declaration Respecting A Matter Knowingly Making A False Declaration,

in that he,

at……………………, on…………………….., when being the custodian of classified documents of his unit, rendered a quarterly certificate that he checked and found correct all the said documents, well knowing that a secret document ATM No………………………….had been lost by him.

No. 77

Charge-Sheet

[Section 57(c)]

Obtaining For A Person A Pension By A False Statement Which He Knew To Be False,

in that he,

at………………….., on…………………….., when examined by Major AB,……………………….Regiment who was investigating a claim to family pension preferred by Shri inhabitant of………………………stated that he knew the said Shri C to be the father of late Sepoy ……………………Regiment well knowing such statement to be false, and consequent to which a family pension of Rs ……………………….p.m. was sanctioned to the said Shri C.

No. 78

Charge-Sheet

[Section 58(a)]

When Signinc A Document Relating To Supplies Fraudulently Leaving In Blank A Material Part For Which His Signature, Is A Voucher,

in that he,

at …………………., on…………………, when officer commanding Sub-Depot………………and when signing the receipt of article supplied by contractor (IAFS-1520) for the month of……………………fraudulently left in blank the columns, wherein the total quantity of fresh rations received from the contractor were to be shown.

No. 79

Charge-Sheet

[Section 59(c)]

Refusing To Produce A Document In His Control Legally Required By A Court-Martial To Be Produced By Him,

in that he,

at……………………., on……………………….., when a witness, refused to produce a letter, dated ……………………..in his control written to him by No…………………., Rank…………………….. Name………………………………..Regiment, when legally required by the summary Court-Martial trying the said ………………………….to be produced by him (accused).

No. 80

Charge-Sheet

[Section 59(e)]

Contempt Of Court-Martial By Using Insulting Language,

in that he,

at…………………., on…………………… when being tried by a general Court-Martial said in a loud tone “It is no use my making any defence, the Court has been told by the convening officer to convict me and of course they will” or words to that effect.

No. 81

Charge-Sheet

(Section 60)

Having Been Duly Affirmed Before A Court-Martial Making A False Statement Which He Knew To Be False,

in that he,

at……………………, on………………………., when examined as a witness before a district Court-Martial stated on solemn affirmation that Sepoy …………………………..Regiment the person charged before the said Court was in is (the witness’s) company in the lines at……………………………..between 0200 hrs. and 0500 hrs. on………………………….. which statement was, as he well knew, false.

No. 82

Charge-Sheet

(Section 61)

Having Received The Pay Of A Person Subject To The Army Act, Unlawfully Refusing To Pay The Same When Due,

in that he,

at……………………, on…………………….., having received Rs…………………..as an advance of pay for the month of …………………..in respect of No……………………., Rank ……………………… Name………………………….., of the same unit, unlawfully refused to pay the same to the said …………………….on……………………….

No. 83

Charge-Sheet

[Section 62(d)]

Neglect In Flying Which Was Likely To Cause Loss Of Life Or Bodily Injury To A Person,

in that he,

at……………………, on…………………., while flying aircraft N…………………….over village………………………….negligently flew the same at a dangerously low altitude which was likely to cause loss of life or bodily injury to the inhabitants of the said village.

No. 84

Charge-Sheet

(Section 63)

AN ACT PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE,

in that he,

at……………………., on…………………., when JCO i/c at the butts, during the repetition of Musketry No ………………………….by certain Sepoys of the Regiment, improperly caused it to be signalled to the firing point that four fair hits had been made on No. 3 target, whereas actually only one fair hit and one ricochet had been made on the said target, as he well knew.

No. 85

Charge-Sheet

(Section 63)

AN ACT PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE,

in that he,

at………………….., on………………………., improperly wrote and sent to his commanding officer No …………………, Rank……………………., Name…………………………., an anonymous letter in which he made use of the following words ” ………………………….”.

No. 86

Charge-Sheet

(Section 63)

AN ACT PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE,

in that he,

at…………………., on…………………., was improperly in possession of a pair of boots, the property of No………………Rank………………………. Name………………………… of the same Regiment.

No. 87

Charge-Sheet

(Section 63)

AN ACT PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE,

in that he,

at………………….., on………………………, so negligently drove vehicle BA No…………………….3 Ton, the property of the Government as to cause the said vehicle to be damaged to the amount of Rs……………..

No. 88

Charge-Sheet

(Section 63)

AN ACT PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE,

in that he,

at……………………., on………………….., while concerned with the care of public money, so negligently performed his duties as to be unable to account for Rs ………………………….part of the said money.

No. 89

Charge-Sheet

(Section 63)

AN OMISSION PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE,

in that he,

at…………………..between………………… and…………………when i/c (incharge) of Military Farm, omitted to exercise proper supervision over the stacking and the issue of bhoosa at the said farm and thereby caused a loss to the Government of Rs ……………………or thereabout.

No. 90

Charge-Sheet

(Section 63)

AN OMISSION PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE,

in that he,

at…………………., on………………………, so negligently handled a rifle as to cause it to be discharged and thereby injuring No ……………………. Rank……………………, Name…………………….. of the same Regiment.

No. 91

Charge-Sheet

(Section 63)

AN ACT PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE,

in that he,

at………………………., on……………………., when appearing at part “D” promotion examination for paper II-Tactics, was in improper possession of a USI precis of Tactics.

No. 92

Charge-Sheet

[(Section 64(b)]

BY DEFILING A PLACE OF WORSHIP INTENTIONALLY WOUNDING THE RELIGIOUS FEELINGS OF A PERSON,

in that he,

at……………………, on…………………….. entered the unit Mandir in a drunken state and spat around, thereby wounding the religious feeling of the unit personnel.

No. 93

Charge-Sheet

[Section 64(c)]

Attempting To Commit Suicide And In Such Attempt Doing An Act Towards The Commission Of The Same,

in that he,

at………………….., on………………………., attempted to commit suicide by drinking a bottle of Tik-20.

No. 94

Charge-Sheet

[Section 64(e)]

Obtaining For Himself A Gratification As A Reward For Procuring Leave Of Absence For A Person In The Service,

in that he,

at…………………, on………………………., while performing the duties of CHM of “A” Coy, obtained for himself Rs. 50 from No………………………. Rank……………………….., Name* ………………………….of his Coy a gratification as a reward for having procured leave of absence for the said* …………………..from …………………… to………………….

No. 95

Charge-Sheet

[Section 64(e)]

Attempting To Obtain For Himself A Gratification As A Motive For Procuring The Enrolment Of A Person,

in that he,

at……………………., on……………………, while working as a clerk in the enrolment section of the Branch Recruiting office, attempted to obtain Rs. 200, a gratification as a motive for procuring the enrolment of Shri A B, by demanding the said sum from the said Shri A B.

No. 96

Charge-Sheet

[Section 64(f)]

Committing An Offence Against The Property Of A Resident In The Country In Which He Was Serving,

in that he,

at……………………, on……………………., maliciously damaged a motor car belonging to ………………………of…………………………a resident in……………………… by thrusting a knife into one of the tyres.

No. 97

Charge-Sheet

(Section 65)

Attempting To Incite A Mutiny In The Military Forces Of India And In Such Attempt Doing An Act Towards The Commission Of The Same,

in that he,

at……………….., on…………………….., attempted to incite the non-commissioned officers and men of his Squadron to combine together and refuse to eat their rations next day and to demand from No ……………………Rank…………………….., Name……………………….commanding the said Regiment that No …………………………. Rank………………………………………., Name ………………………. be removed from his employment as………………..i/c of ration issue and to this end addressed Dafadar………………………..and Sowars ……………………… and ……………………..in the following word…………………………(set out the language used).

No. 98

Charge-Sheet

(Section 66)

Abetment Of An Offence Specified In Section 40(A) Of The Army Act, In Consequence Of Which Abetment Such Offence Was Committed,

in that he,

at……………………, on………………………, abetted by instigating No…………………….., Rank …………………….., Name……………………..of the same Regiment to strike Nb. Sub………………….of the same Regiment, in consequence of which the said ………………………..struck the said JCO on the head with a stick.

No. 99

Charge-Sheet

(Section 66)

Abetment Of An Offence Specified In Section 52(A) Of The Army Act, In Consequence Of Which Abetment Such Offence Was Committed,

in that he,

at……………………, on………………………., when sentry over the Magazine Guard between ……………………and…………………………by omitting to keep on the alert, intentionally aided No ………………….. Rank……………………….. Name………………………… of the same Regiment to commit theft of one box of ammunition, value Rs ………………………, the property of the Government in consequence of which the said……………………. committed theft of one box of ammunition.

Note. – If there is any doubt as to the assistance being intentional an alternative charge under AA, section 63 may be added.

No. 100

Charge-Sheet

(Section 67)

Abetment Of An Offence, Punishable With Death Under Section 38(1) Of The Army Act, In Consequence Of Which Abetment Such Offence Was Not Committed,

in that he,

at…………………., on………………………, when on active service instigated No ………………………Rank…………………….. Name*………………………… of the same Regiment to desert the service which offence was not committed by the said* …………………………

No. 101

Charge-Sheet

(Section 68)

Abetment Of An Offence Specified In Section 52(A) Of The Army Act, And Punishable With Imprisonment In Consequence Of Which Abetment, Such Offence Was Not Committed,

in that he,

at……………………, on…………………… instigated No………………, Rank…………………., Name…………………………………………, who was working as a batmen to No…………………………….. Rank…………………. Name………………………of the same Regiment to commit theft of the Transistor belonging to the said* ………………………….. which offence was not committed by the said Sepoy.

No. 102

Charge-Sheet

(Section 69)

Committing A Civil Offence, That Is To Say, Causing Death By A Rash Or Negligent Act, Not Amounting To Culpable Homicide Contrary To Section 304-A Of The Indian Penal Code,

in that he,

at…………………, on…………………………., by rashly or negligently driving vehicle BA No ……………………….caused the death of Shri……………………….a civilian.

No. 103

Charge-Sheet

(Section 69)

Committing A Civil Offence, That Is To Say, Murder, Contrary To Section 302 Of The Indian Penal Code,

in that he,

at…………………, on……………………., by causing the death of No………………………., Rank ……………………., Name………………….., of his unit committed murder.

No. 104

Charge-Sheet

(Section 69)

Committing A Civil Offence, That Is To Say, Voluntarily Having Carnal Intercourse Against The Order Of Nature With A Man, Contrary To Section 377 Of The Indian Penal Code,

in that he,

at…………………….., on……………………., voluntarily had carnal intercourse against the order of nature with No……………….., Rank……………….. Name……………………….of his unit.

No. 105

Charge-Sheet

(Section 69)

Committing A Civil Offence, That Is To Say, Rioting, Contrary To Section 147 Of The Indian Penal Code,

in that he,

at………………….., on……………………. was a member of an unlawful assembly, which, in prosecution of the common object of such assembly to use criminal force to the civil police, beat the civil police with lathis, thereby committing the offence of rioting.

No. 106

Charge-Sheet

(Section 69)

Committing A Civil Offence, That Is To Say, Attempt To Murder, Contrary To Section 307 Of The Indian Penal Code,

in that he,

at…………………., on………………, fired two shots from a rifle at No………………….., Rank …………………. Name………………………….of the same Regiment with intent to murder him and thereby wounded the said*…………………………in the right ear and left thigh.

No. 107

Charge-Sheet

(Section 69)

Committing A Civil Offence, That Is To Say, Voluntarily Causing Grievous Hurt, Contrary To Section 325 Of The Indian Penal Code,

in that he,

at……………………, on………………………, voluntarily caused grievous hurt to No……………… Rank…………………. Name………………………of the same Regiment by fracturing his left arm with an iron rod.

No. 108

Charge-Sheet

(Section 69)

Committing A Civil Offence, That Is To Say, Theft, Contrary To Section 379 Of The Indian Penal Code,

in that he,

at……………………, on……………………….., committed theft of a tin of ghee, value Rs ………………………from the shop of Shri…………………….in the Sadar Bazar, the property of the said Shri ………………………

No. 109

Charge-Sheet

(Section 69)

s

Committing A Civil Offence, That Is To Say, Using Criminal Force To A Woman With Intent To Outrage Her Modesty, Contrary To Section 354 Of The Indian Penal Code,

in that he,

at………………….., on…………………….., used criminal force to Smt……………………….wife of Shri …………………………. by putting his right hand on her thigh intending thereby to outrage her modesty.

No. 110

Charge-Sheet

[INDIAN RESERVE FORCES ACT, 1888, SECTION 6(1)(A)]

When Required In Pursuance Of A Rule Under The Indian Reserve Force Act To Attend At A Place, Failing Without Reasonable Excuse,

in that he,

having in pursuance of the Indian Reserve Forces Rule 5-A been required by his commanding officer, the officer commanding ………………………………..Regiment to attend at………………., on………………….., for training, failed without reasonable excuse so to attend.

APPENDIX III

PART I(A)

IAFD-937 (Revised)

Form Of Application For A Court-Martial

Place………..dated………..20……..

Application for a Court-

Sir,

I have the honour to submit………………….charge/s……………….against No ………………….. Rank……………………….. Name…………………….of the………………….(Unit) under my command, and request you to obtain sanction of ………………………..that a ……………………….Court-Martial may be assembled for his trial at………………………….(place).

The case was investigated by (a) ………………………………………………………………. A Court of inquiry (b) was held on ……………………(date)………………………. at ………………………..(station).

Presiding officer……………………………. Ranks……………………………….. Names and corps members ………………………….the accused is now at………………………….(place).

His general character is (c)…………………….enclose the following documents(d):

(1) Tentative charge-sheet (in duplicate).

(2) Summary of evidence original and ………………………….copy/copies.

(3) Original exhibits.

(4) List of witnesses for the prosecution and defence (with their present stations of addresses).

(5) List of exhibits.

(6) Correspondence.

(7) Statement as to character (IAFD-905) and the conduct-sheet of accused (e).

(8) Statement by accused as to whether or not he desires to have an officer assigned by the convening officer to represent him at the trial [AR 33(7)].

Yours faithfully,

………………………….

Signature of officer commanding

(a) Here insert the name of-

(i) Officer who investigated the charges.

(ii) Company, etc., commander who made preliminary enquiry into the case.

(iii) Officer who took down the summary of evidence [Army Rule 39(2)(c)].

(b) To be filled in if there has been a Court of inquiry respecting any matter connected with the charges; otherwise to be struck out [Army Rule 39(2)(c)].

(c) To be filled in by the commanding officer personally in accordance with Army Regulations para. 171.

(d) Any item not applicable to be struck out.

(e) 3, 4, 5, 6, 7 and 8 to be returned to the officer commanding the unit of the accused with the notice of trial.

Medical Officer’s Certificate

I certify that No……………………….., Rank……………………………, Name………………………of ……………………..(unit), is fit/unfit to undergo trial by Court-Martial.

Place……………….

Date………………..

…………………………..

Signature of the medical officer

Arrangement of the Court room

There is nothing stated in the Army Rules but the following seating arrangement has been found convenient in practice:–

X Court Orderly

 

 

 

 

 

 

 

 

 

Prosecution

 

Shorthand Writer

 

X 4th member

 

 

 

 

X 2nd member

 

 

 

 

 

 

X Judge-Advocate

 

 

 

 

 

 

X Presiding Officer

 

 

Witness X

 

 

 

 

Interpreter X

 

 

 

 

 

 

(if any)

 

 

 

 

 

 

Escort X

 

Defence

 

 

 

X Senior member

Accused X

 

 

 

 

X 3rd member

Escort X

 

 

 

 

 

 

PART I(B)

IAFD-916

Forms For Assembly Of Courts-Martial

GENERAL AND DISTRICT

Form Of Order For The Assembly Of A General (Or District) Court-Martial Under The Army Act

Orders by…………………………………………

Commanding by……………………………………..

Place………………

Date……………….

The details of officers as mentioned below will assemble at ………………………on the …………………..day of……………………….for the purpose of trying by a ………………………….Court-Martial the accused person (persons) named in the margin (and such other person or persons as may be brought before them)*

*Any opinion of the convening officer with respect to the composition of the Court (See Army Rule 40) should be added here, thus:

“In the opinion of the convening officer, it is not practicable to appoint officer of different corps or departments” or,

“In the opinion of the convening officer, officers of equal or superior rank to the accused are not, having due regard to the exigencies of the public service, available”.

The senior officer to sit as presiding officer.

MEMBERS

WAITING MEMBERS

JUDGE-ADVOCATE

………………..is appointed Judge-Advocate

INTERPRETER

………………..is appointed Interpreter

PROSECUTOR

……………………is appointed Prosecutor

*The accused will be warned, and all witnesses duly required to attend.

The proceedings (of which only………………….@ copies are required) will be forwarded to this HQ through DJAG ……………………command.

Signed this……………..day of……………20…….

**

[ ]

Rank

Appointment

Note. – The members and waiting members may be mentioned by name, or the number and ranks and the mode of appointment may alone be named.

*Add here any order regarding counsel-see Army Rule 96.

(@) The number of copies of the proceedings required is two plus the number of accused persons in case of GCM and one plus the number of accused persons in case of DCM.

**The convening order must be signed by the convening officer personally, or “for” him by a staff officer authorised by the custom of service to sign his orders, or by a staff officer as such. The date of the convening order must not be prior to the date on which the order for trial was endorsed by the convening officer on the charge-sheet.

Form Of Declaration For Suspension Of Rules Under Army Rule 36

In my opinion $ military exigencies, namely (state them) render it @ (impossible) to observe the provisions of rule on the trial of………………..by……………….

Court-Martial assembled pursuant to the order of the ………………………….

of

Signed at……………..this……………..day of………………20………

[Instructions. – This declaration must be signed by the officer whose opinion is given, and will be annexed to the proceedings. It should not be included in the Convening Order but should be a separate document.]

$ (the necessities of discipline).

@ (or inexpedient).

£ State the rule or rules which cannot be observed. (See Army Rule 36).

PART I(C)

IAFD-406

% FORMS OF PROCEEDINGS OF COURT-MARTIAL

“A”

Form Of Proceedings Of A General (Or District) Court-Martial Under The Army Act (Including Some Of The Incidents Which May Occur To Vary The Ordinary Course Of Procedure With Instructions For The Guidance Of The Court)

Proceedings of a …………………….Court-Martial held at…………………….@ on the…………………… day of …………………….20………by order of…………………….commanding………………………….Dated the …………………….day of…………………….20……..

PRESIDING OFFICER

No…………………………………………………………, Rank…………………………………………………………, Name…………………………………………………………, Unit…………………………………………………………

MEMBERS

No…………………………………………………………, Rank…………………………………………………………, Name…………………………………………………………, Unit…………………………………………………………

JUDGE-ADVOCATE

No…………………………………………………………, Rank…………………………………………………………, Name…………………………………………………………, Unit………………………………………………………….

INTERPRETER

No…………………………………………………………, Rank…………………………………………………………, Name…………………………………………………………, Unit…………………………………………………………

Trial of* ……………………

The order convening the Court, the charge-sheet and the summary (or abstract) of evidence are laid before the Court.

[Instructions. – All documents relating to Court, or the matters before it, which are intended to form part of the proceedings (such as an order respecting military exigencies, or a letter answering any question referred to the convening officer) at whatever period of the trial they are received should be read in open Court, marked so as to identify them, signed by the presiding officer (or Judge-Advocate) and attached to the proceedings.]

The Court satisfy themselves that $ …………………….is not available to serve owing to+ …………………….£…………………….waiting member, takes his place as a member of the Court.

The Court as reconstituted is as follows:-

PRESIDING OFFICER

No…………………………………………………………, Rank…………………………………………………………, Name…………………………………………………………, Unit…………………………………………………………

MEMBERS

No…………………………………………………………, Rank…………………………………………………………, Name…………………………………………………………, Unit…………………………………………………………

JUDGE-ADVOCATE

No…………………………………………………………, Rank…………………………………………………………, Name…………………………………………………………, Unit…………………………………………………………

% All printed matter not applicable to the particular Court being held should be struck out and initialled by the officer responsible for the record (Army Rule 92).

The Court satisfy themselves as provided by Army Rules 41 and 42.

Note.-Before certifying that the Court have satisfied themselves as provided by Army Rules 41 and 42, the presiding officer will, in every case where a Court of inquiry has been held respecting a matter upon which a charge against the accused is founded, insert an asterisk after the words “Army Rules 41 and 42” and sign a footnote at the bottom of the first page of the proceedings, to the following effect :-

“I have satisfied myself that none of the officers detailed as members of this Court has previously served upon any Court of Inquiry respecting the matters forming the subject of the charge (charges) before this Court-Martial.”

…………………………………………………………

Signature of presiding officer

The accused is brought before the Court.

Prosecutor% ………………………………………………………………

Counsel …………………..@ or defending officer ………………….. @………………….. At………………….. hrs …………………….the trial commences.

The order convening the Court is read and is marked …………………….@@ signed by the presiding officer (or Judge-Advocate) and attached to the proceedings.

The names of the presiding officer and members of the Court are read over in the hearing of the accused and they severally answer to their names.

Question by the presiding officer to the accused*

Do you object to be tried by me as presiding officer, or by any of the officers whose names you have heard read over ?

VARIATIONS

Challenging Officer

(Army Rule 44)

I object to ……………………………………………………………………….

Do you object to any other officer ?

(This question must be repeated until all the objections are ascertained).

What is your objection to (the junior most officer objected to)?

(Set out).

The accused in support of his objection to …………………….requests permission to call …………………….etc., etc……………………… is called into Court, and is questioned by accused.

(Set out).

The member (objected to) in reply states.

(Set out).

The Court is closed to consider the objection in the absence of (the challenged officer).

The Court decides to disallow the objection.

The Court decides to allow the objection.

The Court is re-opened and the accused is again brought before it. The above decision is announced in the open Court.

@ Waiting member …………………….takes his place as a member of the Court.

(This only applies in the case of there being a waiting member of the Court)

The Court satisfy themselves that No ………………………….. Rank………………………….., Name ………………………….. Unit………………………….is eligible and not disqualified to serve on this Court-Martial.

Do you object to be tried by …………………….(the waiting member) ?

(Set out).

(If he objects, the objection will be dealt with in the same manner as the former objection.),

What is your objection to …………………….(the junior of the officers objected to) ?

(This objection will be dealt with in the same manner as the former objection).

The Court adjourns for the purpose of fresh members being appointed.

or,

The Court is of the opinion that in the interests of justice and for the good of the service, it is inexpedient to adjourn for the purpose of fresh members being appointed, because (here state the reasons).

At …………………….hrs. on…………………….the Court resume its proceedings. An order appointing fresh officer(s) is read, marked …………………….signed by the presiding officer (or Judge-Advocate) and attached to the proceedings.

The Court satisfy themselves with respect to such fresh officers as provided by Army Rule 41.

[Instructions.-The procedure as to challenging fresh officers and the procedure, if any objection is allowed, will be the same as above.]

The presiding officer and members of the Court, as constituted after the above proceedings, are as follows:–

PRESIDING OFFICER

No…………………………………………………………, Rank…………………………………………………………, Name…………………………………………………………, Unit…………………………………………………………

MEMBERS

No…………………………………………………………, Rank…………………………………………………………, Name…………………………………………………………, Unit…………………………………………………………

@@ “B”

The presiding officer, members and Judge-Advocate (also any officers under instruction) are duly sworn *(or affirmed).

[Instructions.-The witnesses, if in Court, other than the Prosecutor, should be ordered out of the Court after the oath ceremony.]

Do you object to ……………………as interpreter ?

(Set out).

@ In case objection is allowed.

* Insert Number Rank, Name and Unit.

@@ Fresh page.

* Strikeout if not applicable.

[Instructions.-(1) In case the accused does not object the interpreter should be sworn/affirmed. In case the accused objects to the appointment of interpreter, the same procedure will be followed as in the case of an objection to a member of the Court.

(2) A member of the Court appointed interpreter must take the interpreter’s oath/affirmation in addition to the oath/affirmation administered to him as a member of the Court.]

$ …………………………………………………………….is duly sworn (or affirmed) as interpreter.

$Do you object to ……………………………………………………………………as shorthand writer?

(Set out).

…………………………………………..is duly sworn (or affirmed) as shorthand writer,

[Instructions.-If he objects, the objection will be disposed of as in the case of an interpreter.]

Charge-Sheet

The charge-sheet is signed by the presiding officer (or Judge-Advocate) marked B-2 and annexed to the proceedings.

The accused is arraigned upon each charge in the above mentioned charge-sheet.**

Are you guilty or not guilty of the (first) charge against you, which you have heard/read ?

(Set out).

[Instructions.-(1) When there is more than one charge the foregoing question will be asked after each charge (whether alternative or not) is read, the number of the charge being stated.

(2) If the accused pleads guilty to any charge the provisions of Army Rule 52(2) must be complied with, and the fact that they have been complied with must be recorded. Where there are alternative charges and the accused pleads guilty to the less serious charge, the Court will enter after the plea is recorded : “The Court proceeds as though the accused had not pleaded guilty to any charge” (Army Rule 54(2) refers).]

VARIATIONS

Objection To Charge

(Army Rule 49)

The accused objects to the charge on the ground that (set out).

[Instructions.-Provisions of Army Rule 88 will be followed on all such incidental matters as shown below.]

The Prosecutor answers (Set out).

The accused (or defending officer) replies (Set out).

Advice by the Judge-Advocate-The Judge-Advocate advises (Set out).

The Court is closed to consider its decision.

The Court decides to disallow the objection (or the Court decides to allow the objection and agrees to report to the convening authority).

The Court being re-opened, the accused is again brought before it and the above decision is announced in the open Court.

The Court proceeds with the trial (or adjourns).

Amendment To Charge

(Army Rule 50)

The Court, being satisfied that the name (or description) of the accused is ……………………and not as stated in the charge-sheet, amend the charge-sheet accordingly.

The Court, before any witnesses are examined, considers that, in the interests of justice, the following addition to (or omission from or alteration in) the charge is required (set out), and adjourns to report its opinion to the convening authority.

Plea To The Jurisdiction

(Army Rule 51)

The accused pleads to the general jurisdiction of the Court on the ground that (Set out).

Do you wish to produce any evidence in support of your plea ?

(Set out).

Witness is examined on oath (or affirmation).

(Setout).

[Instructions.-The examination, etc., of the witnesses called by the accused and of any witness called by the prosecutor in reply, will proceed as directed below in the case of witnesses to the facts of the trial. Provisions of Army Rule 88 will be complied with.]

The Court is closed to consider its decision.

The Court (a) decides to overrule the plea and to proceed with the trial;

or (b) decides to allow the plea and to report to the convening authority and adjourn;

or (c) is in doubt as to the validity of the plea and decides to refer the matter to the convening authority and adjourn (or make the following special decision (set out) and decides to proceed with the trial).

The Court is re-opened, the accused is brought before it and the above decision is announced in open Court.

The Court proceeds with the trial (or adjourns).

Plea In Bar Of Trial

(Army Rule 53)

Accused besides the plea of guilty (or, not guilty) offers a plea in bar of trial on the ground that (Set out).

Do you wish to produce evidence in support of your plea ?

(Set out).

[Instructions.-The examination, etc., of the witnesses called by the accused, and of any witness called by the prosecutor in reply, will proceed as directed below in the case of witnesses to the facts at the trial. Provisions of Army Rule 88 will be complied with].

The Court is closed to consider its decision.

The Court decides to allow the plea and resolve to adjourn (or to proceed with the trial on another charge) (or the Court decides to overrule the plea).

The Court is re-opened, the accused is brought before it and the above decision is announced in the open Court as being subject to confirmation.

The Court adjourns (or proceeds with the trial on another charge) (or proceeds with the trial).

Refusal To Plead

[Army Rule 52(1)]

As the accused does not plead intelligibly (or refuses to plead) to the above charge, the Court enters a plea of “not guilty”.

The accused having pleaded guilty to the ……………………charge the provisions of Army Rule 52(2) are here complied with.

@C

Proceedings On Plea Of Guilty

*(The Court having been re-opened, the accused is again brought before it, and the charge (charges) to which he has pleaded guilty is (are) read to him again).

The accused No ………………………….. Rank…………………………., Name…………………………..

Regiment ………………………….is found guilty of the charge (all the charges).

or,

is found guilty of the ……………………charge, and is found not guilty of the …………………… charge.

[Instructions.-If the trial proceeds upon any charge to which there is a plea of “not guilty”, the Court will not proceed upon the record of the plea of “guilty” until after the findings on the other charge; and in that case the Court will be re-opened and the charge on which the record is “guilty” must be read to the accused again.]

Announcement Of Finding(S)

The finding(s) is/are read in open Court and is/are announced as being subject to confirmation.

(The accused may, in accordance with Army Rule 54(3) make any statement he wishes in reference to the charge).

Do you wish to make any statement in reference to the charge ?

(Set out).

The summary (or abstract) of evidence is read (orally translated) marked ………………………..signed by the presiding officer (or Judge-Advocate), and attached to the proceedings.

[Instructions – If there is no summary (or abstract) of evidence, sufficient evidence to enable the Court to determine the sentence, and the confirming officer to know all the circumstances connected with the offence will be taken on a separate sheet in the same manner as on a plea of “not guilty”.]

Do you wish to make any statement in mitigation of punishment ?

The accused in mitigation of punishment says (or, if the statement is in writing, bands in a written statement, which is read, marked ……………………signed by the presiding officer (or Judge-Advocate), and attached to the proceedings).

[Instructions.-If the statement of the accused is not in writing, the material portion should be taken down in the first person, and as nearly as possible in his own words.

If counsel or defending officer addresses the Court on behalf of the accused the material portions of his address should be recorded.

@ Fresh page.

*To be struck out in case no plea of “not guilty” has been proceeded with.

In any case any matter which is requested by or on behalf of the accused to be recorded should be recorded, and care must be taken, whether a request is made or not, to record every points brought forward in mitigation of punishment.]

$ The Court being satisfied from the statement of the accused (or the summary (or abstract) of evidence otherwise) that the accused did not understand the effect of the plea of “guilty”, alter the record and enter a plea of “not guilty”.

VARIATIONS

Alteration Of Plea

[Army Rule 54(5)]

The Court being satisfied from the statement of the accused (or the summary of evidence, or otherwise) that the accused did not understand the effect of the plea of “guilty” enters in the proceedings; the Court consider that the accused does not understand the effect of his plea of “guilty”, alter the record and enters a plea of “not guilty”.

[Instructions.-The Court will then proceed in respect of the charge as on a plea of “not guilty”.]

*DD

Witnesses For Defence On Plea Of Guilty

[Army Rule 54(7)]

The Court permits the accused to call witnesses to prove his above statement that (set out the statement which is to be proved).

[Instructions.-The examination, etc., of witnesses called in pursuance of this permission will proceed in the same manner as on a plea of “not guilty”.]

Do you wish to call any witnesses as to character ?

(Set out).

[Instructions.-The examination, etc., of witnesses as to character will proceed as in the case of a witness giving evidence as to the facts of the case.]

*G

Proceedings On Plea Of Not Guilty

[Army Rule 56(1)]

Do you wish to apply to an adjournment on the ground that any of the rules relating to procedure before trial have not been complied with and that you have been prejudiced thereby or on the ground that you have not had sufficient opportunity for preparing your defence ?

(Set out).

[Instructions.-In case of request for adjournment the accused’s statement together with the decision of the Court is to be recorded.]

The prosecutor makes an opening address (or hands in a written address, which is read (orally translated), marked ……………………signed by the presiding officer (or Judge-Advocate) and attached to the proceedings.

The prosecutor proceeds to call witnesses.

……………………+being duly sworn (affirmed) is examined by the prosecutor.

$ To be struck out if not applicable. See Army Rule 54(5).

Fresh page.

+ Here insert No., Rank, Name and appointment, if any, or other description, including the religion of the witness.

(Note.-For form of oath or affirmation see Army Rule 140).

Cross-examined by the accused (or by counsel, or defending officer).

Re-examined by the prosecutor.

Questioned by the Court.

[Instructions.-(1) The fact that Army Rule 141(2)(3) and (4), as applicable has been complied with must be recorded at the conclusion of the evidence of each witness as under :-

“Provisions of Army Rule 141(2)(3) and (4) are complied with” or “the witness does not wish his evidence to be read over to him. Provisions of Army Rule 141(2) are complied with”.

(2) In case the presiding officer or Judge-Advocate or a member addresses any question to the witness Army Rule 142(2) should be complied with and the fact recorded.

(3) If the accused or his counsel, or defending officer declines to cross-examine a witness that fact must be recorded.]

VARIATIONS

Postponement Of Cross-Examination

(Army Rule 135)

The Court, at the request of the accused, allows the cross-examination of the witness to be postponed.

Objections To Evidence Of Procedure

(Army Rule 88)

The accused (or counsel or defending officer or the prosecutor) objects to the following question on the ground that (Set out).

The prosecutor (or counsel or defending officer or accused, as the case may be, answers that (Set out).

The accused (or counsel or defending officer or the prosecutor) in reply states that (Set out).

The Court is closed to consider its decision.

The Court decides to overrule (allow) the objection.

The Court is re-opened, the accused is brought before it and the above decision is announced in open Court.

The Court proceeds with the trial.

Explanation Or Correction Of Evidence

[Army Rule 141(2)]

The witness, on his evidence being read to him, makes the following explanation or correction (Set out).

Examined by the prosecutor as to the above explanation or correction.

Examined by (or on behalf of) the accused as to the above explanation or correction.

The prosecutor and accused (or counsel or defending officer) decline to examine him respecting the above explanation or correction.

Second witness for prosecution.

……………………*being duly sworn (or affirmed) is examined by the prosecutor. (The examination, etc., of this and every other witness proceeds as in the case of the first witness).

*Here insert his No., Rank, Name, Unit and appointment (if any) or any other description.

VARIATIONS

Adjournment

At ……………………hrs. on…………………… the Court adjourn until …………………… hrs.

on ……………………20……..

At ….. ……………..hrs. on……………………20……..the Court re-assemble, pursuant to the adjournment; present the same members and the judge-Advocate as on …………………..20……..

[Instructions.-(1) If upon re-assembly a member is absent and his absence will reduce the Court below, the legal minimum and, it appears to the members present that the absent member cannot attend within a reasonable time, the presiding officer or senior member present will thereupon report the case to the convening authority (Army Rule 83).

(2) If the Judge-Advocate is absent, and cannot attend within a reasonable time, the Court will adjourn and the presiding officer will thereupon report the case to the convening authority (Army Rule 104).]

Absence Of Member

(No ………………………….. Rank………………………….. Name………………………….. Unit……………….. being absent a medical certificate (or lett?r, or as the case may be) is produced, read, marked ……………………and attached to the proceedings.

The Court adjourns until …………………………………………

or

There being present ……………………(not less than the legal minimum) members, the trial is proceeded with.

Examination (cross-examination) of ……………………continued.

The prosecution is closed.

*D

Defence

Do you intend to call any witness in your defence?

(Set out).

Is he a witness as to character only ?

(Set out).

[Instructions to the Court.-(1) When the answers to the above questions have been recorded the Court will follow the provisions of Army Rule 58 or 59 respecting the order of evidence and addresses which are applicable to the circumstances of the case.

(2) All addresses by prosecutor, accused, counsel, or defending officer whether recorded by the Court or handed in writing (and the written summing up by Judge-Advocate) will be attached to the proceedings in the order in which they are made. Written addresses (and summing up) will be read to the Court, marked and signed by the presiding officer (or Judge-Advocate) except summing up.]

If any person who is entitled to make an address declines to do so, a record will be made to that effect.

(Where any evidence is given for the defence.)

* Fresh page.

The evidence of the witnesses for the defence (including witnesses as to character) is recorded. Such evidence will be taken after the questions, if any, to the accused have been addressed under Army Rule 58(2)(a) or 59(b).

@@The accused (counsel or defending officer) makes an opening address, or [hands in a written opening address which is read, marked ……………………. signed by the presiding officer (or Judge-Advocate) and attached to the proceedings] or declines to make an opening address.

Have you anything to say in your defence ?

The accused in his defence says (see Instruction (1) below) (or hands in a written address, which is read (orally translated) marked ……………………signed by the presiding officer (or Judge-Advocate) and attached to the proceedings.

[Instructions.-(1) In this space will be recorded any oral statement or address made by the accused in his defence. (For any additional address which he is entitled to make, see Instructions to the Court above).

(2) If the statement of the accused is not in writing, and is delivered by himself, the material portions should be taken down in the first person and as nearly as possible in his own words.

(Any matter which is requested by or on behalf of the accused to be recorded, should be recorded and care must be taken, whether a request is made or not, to record every point brought forward in the defence or in mitigation of punishment).]

Question To The Accused

The presiding officer (or Judge-Advocate) reads and explains the provisions of Army Rule 58(2)(a) or 59(b). Having ascertained that the accused understands the provisions read over to him, the Court (or Judge-Advocate) proceeds to ask the following question:

(Set out).

Instructions To The Court

(1) The accused should be questioned only to afford him an opportunity offering an explanation, if he so desires, where absence of such explanation would affect him adversely.

(2) Questions put to the accused should be such as will enable him to explain any circumstances appearing against him in the evidence, which if unexplained may lead to a conviction.

(3) Question must not be put to the accused in order to supplement the case for the prosecution.

(4) Questions to the accused and the answers both will be recorded verbatim as far as possible.

@ D2

(The accused calls the following witnesses** as to character).

[Instructions.-All evidence given upon oath (affirmation) will be recorded in the following form:

* ……………………being duly sworn (or affirmed) is examined by the accused (or counsel, or defending officer).]

Cross-examined by the prosecutor.

@@ See Army Rule 59(a).

@ Fresh page.

**If witnesses are called excepting as to character, these words are to be struck out.

*Here insert his No., Rank, Name, Unit and appointment (if any) or any other description.

Re-examined.

Questioned by the Court.

[Instructions.-(1) The fact that Army Rule 141(2), (3) and (4) as applicable, has been complied with must be recorded at the conclusion of the evidence of each witness.

(2) If the prosecutor declines to cross-examine that fact must be recorded.

(3) Evidence of witnesses as to character will be taken in the same manner as that of a witnesses to the facts.

(4) In case the presiding officer or the Judge-Advocate or a member addresses any question to the witness Army Rule 142(2) should be complied with and the fact recorded.]

Recalling Witness

(Army Rule 143)

(1) At the request of the prosecutor (or the accused) ……………………is recalled and examined on his former oath/affirmation) through the presiding officer (or judge-Advocate) and states as follows:

(Set out).

or

(2) The prosecutor with leave of the Court, calls (or recalls) ……………………for the purpose of rebutting material statement made by a witness for the defence. The witness being duly sworn (or affirmed) is (or on his former oath/affirmation) being examined by the prosecutor states as follows:

(Set out with any cross-examination, re-examination, etc.)

or

(3) The prosecutor calls (or recalls) ……………………in reply to the witness(es) as to character called by the accused. The witness being duly sworn (or affirmed) is (or on his former oath/affirmation) being examined by the prosecutor states as follows :

(Set out with any cross-examination, re-examination, etc.)

or

(4) The Court in accordance with Army Rule 143(4) calls (or recalls) ……………………) who being duly sworn (or affirmed), (or on his former oath/affirmation) states in reply to the presiding officer (or judge-Advocate) as follows :

(Set out).

[Instructions.-In (1), (2) and (3) witnesses must be called or recalled before the closing address of or on behalf of the accused. In (4) witnesses may be called or recalled by the Court at any time before the finding; in this case the accused or counsel or defending officer and the prosecutor should be given the opportunity of asking further questions through the Court.]

Adjournment To Prepare Addresses, Etc.

The Court, at the request of the accused (counsel or defending officer) adjourn until ……………………to enable him to prepare his address.

The Court at the request of the prosecutor adjourn until ……………………to enable him to prepare his reply.

The Court at the request of Judge-Advocate adjourn until ……………………to enable him to prepare his summing tip.

The accused (counsel or defending officer) makes the following closing address (or hands in a written closing address) which is read (orally translated) marked ……………………signed by the presiding officer (or Judge-Advocate) and attached to the proceedings.

or

The accused (counsel or defending officer) declines to make a closing address.

The prosecutor makes the following reply (or hands in a written reply) which is read (orally translated) marked ……………………signed by the presiding officer (or Judge-Advocate) and attached to the proceedings.

or

The prosecutor declines to reply.

Summing-Up

The Judge-Advocate hands in a written summing-up which is read (orally translated) marked ……………………signed by the presiding officer and attached to the proceedings.

[Instructions.-(1) The occasion when the prosecutor’s closmg address must precede that of the accused (counsel or defending officer) is given in Army Rule 58(2).

(2) Where the address of the prosecutor (or counsel or defending officer) is not in writing, the Court should record as much as appears to it material, and so much as the prosecutor (counsel or the defending officer) requires to be recorded.

Care must be taken, whether request is made or not, to record every point brought forward in the defence or it mitigation of punishment.

If the address of the accused is not in writing and is delivered by himself, the material portions should be taken down in the first person and as nearly as possible in his own words.]

@E

*FINDING

Court-closed.

The Court is closed for the consideration of the finding.

(1) Acquittal on a] I the charges.

The Court find that the accused (No ………………………….. Rank…………………………., Name ………………………….. Unit………………………….) is not guilty of the charge (or, of all the charges).

Announcement Of Finding(S)

The Court being re-opened, the accused is again brought before it. The finding(s) is/are read in open Court and is/are announced as being subject to confirmation.

Signed at ……………………this……………………day of……………………20………………

…………………………………………………………….

(Signature)

Judge-Advocate

…………………………………………………………………………..

(Signature)

Presiding officer

(2) Acquittal on some but not all charges.

is not guilty of the ……………………charge(s) but guilty of the……………………charge(s).

@ Fresh page.

*To be omitted except in case of a plea of “Not guilty” having been proceeded.

(3) Conviction on all charges.

is guilty of the charge (or all the charges).

(4) Special finding.

(a) is guilty of the ……………………charge(s) and guilty of the……………………charge with the exception of the words (set out) (or, with the exception of the words that (set out)).

or

(b) is not guilty of deserting the service but is guilty of absenting himself without leave.

or

(c) is guilty of the charge with the variation that figures and words “Rs. 4,200.00 (Rupees four thousand two hundred)” shall read as “Rs. 3,200.00 (Rupees three thousand two hundred)”.

[Instructions.-Any special finding permitted by Army Rule 62(4) will be framed as far as possible in accordance with (a) or (c). Any special finding allowed by Army Act, section 139 may be expressed in accordance with (b).]

(5) REFERENCE TO CONFIRMING AUTHORITY

[Army Rule 62(3)]

The Court find as regards the ……………………charge that the accused did (set out the facts which the Court find to be proved), but doubt whether the facts proved show the accused to be guilty or not of the offence charged (or of the offence of which the accused might under the Act legally be found guilty on the charge as laid). It, therefore, refers to the confirming authority for an opinion and adjourn.

or

[Army Rule 62(8)]

(Note.-This applies only to alternative charges).

The Court find that the accused did (set out-such particulars of the charge as the Court find to be proved), but doubt whether such facts constitute in law the offence stated in the ……………………charge or in the……………………charges.

It, therefore, refers to the confirming authority for an opinion and adjourn.

(in either case)

The Court re-assemble on the ……………………day of……………………20……..The opinion of the confirming authority is read, marked ……………………signed by the presiding officer (or Judge-Advocate) and attached to the proceedings.

The Court now find the accused (No ………………………………. Rank……………………………………., Name …………………………………… Unit………………………….) is (finding to be recorded in the usual manner).

(6) INSANITY

The Court now find that the accused (No ……………………………… Rank………………………………. Name ………………………………….. Unit………………………….) is of unsound mind and consequently incapable of making his defence.

or,

Committed the act (acts) alleged as constituting the offence (offences) specified in the charge (charges) but was by reason of unsoundness of mind incapable of knowing the nature of that act (or those acts) (or but was by reason of unsoundness of mind incapable or knowing that the act was wrong (or those acts were wrong) (or contrary to law).

Announcement Of Finding(S)

The Court being re-opened, the accused is again brought before it. The findutg(s) is/are read in open Court, and is/are announced as being subject to confirmation.

Signed at …………………… this……………………day of……………………20……..

(Signature)

Judge-Advocate

……………………………………………………………

(Signature)

Presiding officer

(Note.-If the finding of the Court is guilty on any charge, the proceedings are not required to be signed at this stage.)

@F

Proceedings On Conviction

(Before Sentence)

*No………… Rank ………………………….. Name………………………….. Unit………..is duly sworn (or affirmed).

What record have you to produce in proof of former convictions against the accused and of his character ?

I produce a statement (IAFD-905) certified under the hand of the officer having custody of the Regimental (or other official) records.

The statement is read (orally translated) marked …………………….signed by the presiding officer (or Judge-Advocate) and attached to the proceedings.

Is the accused the person named in the statement you have heard read ?

(Set our).

Have you compared the contents of the above statement with the Regimental (or other official) record?

(Set out).

Are they true extracts from the Regimental (or other official) records and is the statement of entries in the defaulter sheet a fair and true summary of those entries ?

(Set out).

Cross-examined by the accused (or by counsel or defending officer).

Re-examined.

or

The accused declines to cross-examine the witness.

[Illustrations.-(1) Army Rules 141(2), (3) and (4) and 142(2) as applicable, will be complied with and the fact recorded.

(2) Any further question will be put and any evidence produced which the Court requires as to any point respecting the character and service of the accused on which the Court desires, to have information for the purpose of its sentence.

(3) At the request of the accused, or by the direction of the Court to Regimental or other official books, or a certified copy of the material entries therein, must be produced for the purpose of comparison with the statement.

@Fresh page.

*Insert No. Rank, Name, Unit and other description including the religion of the witness.

The accused is entitled to call the attention of the Court to any entries in the Regimental or other official books, or in the certified copy above-mentioned, and to show that they are inconsistent with the statement.

When all the evidence of the above matters has been given the accused may address the Court thereon.

(4) If by reason of the nature of the service of the accused, the finding of the Court renders him liable to any exceptional punishment, in addition to that to be awarded by the Court, the prosecutor must call the attention of the Court to the fact, and the Court must enquire into the nature and amount of that additional punishment].

Do you wish to address the Court?

(Set out)

The Court is closed for the consideration of the sentence.

Sentence

[Instructions.–The provisions of Army Act, sections 71 to 75 and 119 must be carefully attended to by the Court in passing sentence.]

The Court sentence the accused No …………………………………… Rank…………………………………..

Name ………………………….. Unit…………………………..

[Instructions.-The sentence is to be marginally noted in every case.]

(a) to suffer death by being hanged by the neck until he be dead (or to suffer death by being shot to death).

“Certified that the sentence of death was passed with the concurrence of ……………………(or all members, in the case of SGCM)”.

(Note.-A JCO or an enrolled person sentenced to death will not be dismissed).

(b) to suffer imprisonment for life.

(c) to suffer rigorous (or simple) imprisonment for.

(Note.-Sentences of imprisonment, unless for one or more years exactly, should, if for one month or upwards, be recorded in months. Sentences consisting party of months and partly of days should be recorded in months and days).

(d) to do cashiered (in case of officers only.]

[Instructions.-An officer must be sentenced to be cashiered before he is awarded the punishment of death, imprisonment for life or of imprisonment.]

(e) to be dismissed from the service.

(e-1) to suffer field punishment No ……………………for……………………

[This punishment is awardable if the accused is below the rank of warrant officer and the office was committed on active service).

[Instructions.-In case a warrant officer and a non-commissioned officer, is awarded imprisonment for life imprisonment field punishment or dismissal he is deemed to be reduced to the ranks, however, it is desirable to specify the reduction in the sentence, which should precede such sentences.]

@ Fresh page.

(f) In case of warrant officers :-

to be reduced to the ranks.

or

to be reduced to (a lower rank).

or

to be reduced to (a lower grade).

or

to be reduced to an inferior class of warrant officer, that is to say ……………………………………………

to be reduced in the list of his rank as if his appointment there to bore date the ……………………day of……………………20…………………….

In case of non-commissioned officers :-

to be reduced to the ranks.

or

to be reduced to (a lower rank).

or

to be reduced to (a lower grade).

(g) (In case of an officer, JCO, WO or an NCO)-to take rank and precedence as if his appointment as* ……………………bore date the……………………day of…………………… 20……………

or

to take precedence in the rank of ……………………held by him, as if his name had appeared (to specified number of places) lower in the Army list in case of officers and JCOs and list of his rank in the case of WOs and NCOs.

to forfeit ……………………service for the purpose of promotion.

[Instructions.-This applies, only in case of a person whose promotion depends upon length of service and a sentence can be inflicted in respect of all or any part of his service.]

(h) to forfeit (all or …………………..year’s or……………………months) past service for the purpose of.

(i) (In case of an officer, JCO, WO and NCO) to be severely reprimanded (or reprimanded).

(j) to forfeit pay and allowances for a period of (not exceeding 3 months for an offence committed on active service).

(k) to forfeit all arrears of pay and allowances and other public money due to him at the time of his (cashiering or dismissal).

(l) to be put under stoppage of pay and allowances until he has made good the sum of ……………………in respect of or (and) until he has made good the value of the following articles, viz:

Recommendations To Mercy

The Court recommend the accused to mercy on the ground that (set out).

*Here insert rank to which the punishment pertains.

Announcement Of Sentence

The Court being re-opened, the accused is brought before it. The sentence (and recommendations to mercy) is/are announced in open Court, the sentence is announced as being subject to confirmation.

Signed at …………………… this …………………… day of……………………20……..

……………………………………………………

………………………………………………………….

(Signature)

Judge-Advocate

………………………………………………………….

(Signature)

Presiding officer

@ REVISION

At ……………………on the……………………day of…………………… 20…….. at…………………… hrs. the Court reassembles by order of ……………………for the purpose of reconsidering its………………

Present the same members and the Judge-Advocate as on the ……………………20……..

[Instructions.-If a member is absent and the absence will reduce the Court below the legal minimum, and it appears to the members present that such absent member cannot attend within a reasonable time, the presiding officer, or in his absence, the senior member present shall thereupon report the case to the convening authority.

The order directing the reassembly of the Court for the revision, and giving reasons of the confirming authority for requiring a revision of the finding (or finding and sentence) (or sentence) is read, marked ……………………signed by the presiding officer (or Judge-Advocate) and attached to the proceedings.]

[Instructions.-(1) If the confirming authority so orders, additional evidence may be taken on revision.

(2) If a new Judge-Advocate has been appointed, he should be sworn (or affirmed) and a record to that effect made before the revision order is read.

(3) 1f the accused (or counsel or defending officer) wishes to address the Court, gist of his address should be taken down or his written address be read, marked and attached to the proceedings as usual. (Army Rule 92(4) refers).

(4) If the Judge-Advocate wishes to clear any points, he may make an additional summing-up which should be read, marked and attached to the proceedings as usual.]

The Court is closed to reconsider their finding or finding(s) and sentence (or sentences).

The Court having attentively considered the observations of the confirming authority and the whole of the proceedings–

(a) do now revoke their finding and sentence and find the accused (guilty) or (not guilty) of the charge(s) and sentence him to ……………………

or

(b) do now revoke their sentence and now sentence the accused to ……………………

or

(c) do now respectfully adhere to their sentence (or finding and sentence) or (finding).

[Instructions.-(1) In case the revision pertains to Court’s findings on some of the charges only record at (a) above should be made accordingly. If the Court do not adhere to their former finding(s) (and the sentence), and pass a fresh sentence if the revised finding(s) involve(s) a sentence.

@ Fresh page.

(2) If the new finding entails a sentence, normal proceedings on conviction should be followed, if necessary and form at (a) above amended accordingly.

(3) All the decisions of the Court with respect to the finding and sentence should be announced in open Court as being subject to confirmation and a record made to that effect in normal manner.]

Signed at …………………… this …………………… day of……………………20……..

………………………………………………………………………..

(Signature)

Judge-Advocate

………………………………………………………………………..

(Signature)

Presiding officer

Confirmation

1.               Confirmed.

*I direct that the sentence of (rigorous or simple) imprisonment shall be carried out by confinement in military custody (or in civil prison or in military prison).

The accused in recommended Division “A” (or I), or “B” (or II) or “C” (or III) while undergoing sentence in the civil prison. If there are only two divisions of prisoners, the accused is recommended Division “A” (or I) or “B” (or II)%.

or

2.               I vary the sentences so that it shall be as follows and confirm the finding and the sentence as so varied.

or

3.               I confirm the finding and sentence of the Court, but mitigate (or remit or commute).

or

4.               (Where the confirming authority desires partly to reserve his confirmation).

I confirm the finding(s) of the Court on the ……………………and……………………charges and reserve for confirmation by superior authority the findings on the ……………………charges, and the sentence:

or

5.               1 confirm the findings of the Court, but reserve the sentence for confirmation by superior authority.

or

6.1 confirm the finding(s) of the Court and the sentence of the Court as to ……………………and reserve the sentence so far as it relates to……………………for confirmation by superior authority.

or

7.               (Where the finding is not confirmed).

Not confirmed.

or

8.               (Where a plea in bar of trial had been under Army Rule 53).

“The finding of the Court that the plea in bar is proved (or not proved) is confirmed (or not confirmed”).

*Such direction to be given in every case where a sentence of imprisonment is awarded and confirmed.

% Such recommendation to be made in every case where a sentence of imprisonment is to be carried out in civil prison.

9.               Where the Court finds that the accused is of unsound mind and consequently incapable of making his defence or that he 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.

“Confirmed (or not confirmed).”

or

10.            “I confirm the finding of the Court on the first charge but do not confirm the finding on the second charge.”

I confirm the sentence but mitigate (remit or commute).

Signed at ……………………this……………………day of……………………20……..

………………………………………………………………………………….

(Signature of confirming authority)

(Instructions.-Any remark of the confirming authority should be separate and form no part of proceedings).

@ PROMULGATION

Promulgated and extracts taken at ………………….this………………….day of…………………20……..

………………………………………………………………………

(Signature of officer-in-charge of documents)

[Instructions.-(1) Proceedings which are not confirmed must be promulgated.

(2) No extracts are required to be taken in respect of charge(s) on which the accused is acquitted or on which the finding of “guilty” is not confirmed.]

Form Of Proceeding Of A Summary Court-Martial

Proceedings of a summary Court-Martial held at ……………………on the……………………day of ……… :………….. 20…….. by…………………… commanding the……………………for the trial of all such persons as he may duly have brought before him.

Present

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

Commanding the …………………………………………

Attending the trial

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

Friend of the accused

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

Interpreter

(1) The officers* and junior commissioned officers assemble at the ……………………and the trial commences at ……………………hrs.

The accused No …………………………

of the …………………………………………

is brought (“called” if a non-commissioned officer) into Court,

@ Fresh page.

*Strike out if inapplicable.

the Court is duly sworn (affirmed).

is duly sworn (affirmed) as interpreter.

[Instructions.-If the CO of the accused (i.e. the Court) acts as interpreter, he must take the interpreter’s oath in addition to the oath prescribed for the Court.]

All witnesses are directed to withdraw from the Court.

B*

The charge-sheet is read, (translated) and explained to the accused marked “B-2”, signed by the Court and attached to the proceedings.

[Instructions.-The sanction of superior authority for trial by SCM should be entered with the date and signature of that authority, or of a staff officer on his behalf, at the foot of the charge-sheet, when such sanction is necessary. [See Army Act, section 120(2)].]

Arraignment

By the Court-How say you are guilty or not guilty of the ……………………….. charge preferred against you ?

(Set out).

Are you guilty or not guilty of the …………………………………………charge preferred against you?

(Set out).

The accused having pleaded guilty to …………………………………………charge(s), the provisions of Army Rule 115(2) are here complied with.

Note.-If the accused pleads guilty to any charge the provisions of Army Rule 115(2) must be complied with.

[Instructions.-(1) If the accused pleads “guilty”, adopt (2) and omit (3), (4) and (5); if he pleads “Not guilty”, adopt (3) and (4) or (5) and omit (2); if he pleads “guilty” to some charge of charges and “Not guilty”, to other (not alternative), adopt (3), (4) or (5) and (2).

(2) The questions are to be numbered throughout consecutively in a single series.]

C*

Proceedings On Plea Of Guilty

(2) The accused (No ………………………….. Rank………………………….. Name…………………………. Regiment ………………………….) is found guilty of the charge (all the charges).

or

is found guilty of the …………………………………………charge, and is found not guilty of the ……………………charge.

[Instructions.-If the trial proceeds upon any charge to which there is a plea of “Not guilty” the Court will not proceed upon the record of the plea of “guilty” until after the finding of those other charges; and in that case the charge on which the record is “guilty” must be read to the accused again. (Army Rule 116(1) refers).]

The summary of evidence is read (translated), explained, marked ……………………signed by the Court and attached io the proceedings.

[Instructions.-If there is no summary of sufficient evidence to enable the Court to determine the sentence and to enable the reviewing officer to know all the circumstances connected with the case will be taken as in paragraph (3). No address will be allowed.

(Army Rule 116(2) refers).]

* Fresh page.

Variation

The Court being satisfied from the statement of the accused (or the summary of evidence, or otherwise) that the accused did not understand the effect of the plea of “guilty” alters the record and enters a plea of “Not guilty”.

[Instructions.-The Court will then proceed in respect of this charge as in paragraph (3).]

Do you wish to make any statement in reference to the charge or in mitigation of punishment?

(Set out).

Do you wish to call any witness as to character?

(Set out).

[Instructions.-(1) The examination of witnesses as to character will proceed as in paragraph (3).]

(2) Evidence as to character and particulars of service will be taken as in paragraph (6).

D*

Proceedings On A Plea Of Not Guilty

PROSECUTION

(3) ** ……………………being sworn (affirmed) is examined by the Court.

Cross-examined by the accused.

Re-examined by the Court.

[Instructions.-(1) The fact that Army Rule 141(2), (3) and (4) has been complied with must be recorded at the conclusion of the evidence of each witness.

(2) If the accused declines to cross-examine a witness the fact must be recorded.]

VARIATION

Postponement Of Cross-Examination

(Army Rule 135)

The Court, at the request of the accused, allow the cross-examination of the witness to be postponed.

E*

The prosecution is closed.

Do you intend to call any witness in your defence

(Set out).

Defence

The accused is called upon for his defence and states-

Questions (if any) by the Court under Army Rule 118.

Fresh page.

**(a) Here insert No., Rank, Name and Unit or other description.

(b) Religion to be recorded. (Hindus and Musalmans should be affirmed. Sikhs and Christians should be sworn).

[Instructions to the Court.-1. The accused is to be questioned only to afford him an opportunity of offering an explanation, if he so wishes where absence of such explanation would affect him adversely.

2.               Questions put to the accused should be such as will enable him to explain any circumstances appearing against him which if unexplained may lead to a conviction.

3.               Questions must not be put to the accused in order to supplement the case for the prosecution.

4.               Questions to the accused and his answers both will be recorded verbatim as far as possible.

5.               No oath shall be administered to the accused.]

@F

* ……………………being duly sworn (affirmed) is examined by the accused.

Cross-examined by the Court.

Re-examined by the accused.

[Instructions.-The fact that Army Rule 141(2), (3) and (4) has been complied with must be recorded at the conclusion of the evidence of each witness.]

The defence is closed.

@@G

Reply

* ……………………being duly sworn (affirmed) is examined by the Court.

*H

Verdict Of The Court

Acquittal on all charges.

(4) I am of opinion, on the evidence before me that the accused No ……………………of the ……………………is not guilty of the charge, (or all the charges).

The verdict is read out and the accused released. He is to return to his duty.

Signed at ……………………this……………………day of……………………20………………………..

Commanding the …………………………………………………

holding the trial.

The trial closes at ……………………hrs.

I

Verdict Of The Court

Acquittal on some but not on all charges.

@ Fresh page. Detence 1st witness.

* (a) Here insert No., Rank, Name, Unit and other descriptions.

(b) Religion to be recorded. (Hindus and Musalmans should be affirmed. Sikhs and Christians should be sworn).

@@ Fresh page, Reply of 1st witness.

(5) 1 am of opinion on the evidence before me that the accused No ……………………of the ……………………is not guilty of the……………………charge(s) but is guilty of the …………………… charge(s).

Conviction on all charges.

I am of opinion on the evidence before me that the accused No ……………………of the ……………………is guilty of the charge (all charges).

Special findings (Army Act, section 139 and Army Rule 121).

I am of opinion on the evidence before me that the accused No ……………………of the ……………………is guilty of the…………………charge(s) and guilty of the……………………charge with the exception of words (set out) is not guilty of (deserting the service) but is guilty of (absenting himself without leave).

Proceedings Before Sentence

(6) The following minutes by the Court are read and explained.

[Instructions.-If the Court does not record the accused person’s convictions and character of its own knowledge, evidence as to these matters will be taken as in the Form of Proceedings for a GCM or DCM. (Army Rule 123 refers).]

It is within my own knowledge from the records of the ……………………that the accused has ……………………been previously convicted by Court-Martial or Criminal Court. (A separate statement giving full particulars of any previous conviction to be annexed when necessary.)*

That the following is a fair and true summary of the entries in his defaulter sheet exclusive of convictions by a Court-Martial or a Criminal Court.

Within last 12 months £Since enrolment For ……………………….times ……………………times For ……………………….times ……………………times

That he is at present undergoing ……………………………………………………………………….sentence.

That irrespective of this trial, his general character has been …………………………………………@ That his age is ……………………………his service is……………………..and his rank is……………………

That he had been in arrest (confinement) fo_* ………………………………………………………….days.

That he is in possession of or entitled to the following military decorations and rewards:

Note.-Any recognised acts of gallantry or distinguished conduct should also be entered here.

@@ J

Sentence By The Court

Taking all these matters into consideration, I now sentence the accused No …………………..

Rank ……………………. Name……………………of the……………………

(a) **to suffer rigorous (simple) imprisonment for ……………………(and I direct that the sentence of rigorous/simple imprisonment shall be carried out by confinement in military custody/military prison/civil prison). t(The accused is recommended for Division “A” (or I) or “B” (or II) or “C” (or III) while undergoing sentence in the civil prison. If there are only two divisions of prisoners, the accused is recommended Division “A” (or I) or “B” (or II).

*Strike out if inapplicable.

@Character to be assessed in accordance with Regulations Army, para 171.

@@Fresh page.

**Inapplicable words to be struck out and initialled by the Court.

[Instructions.-Sentences of imprisonment, unless for one or more years exactly should if for one month or upwards, be recorded in months. Sentences consisting partly of months and partly of days should be recorded in months and days.]

(b) to be dismissed from the service.

(c) (if on active service) to suffer field punishment No ………………………….for……………………..

(d) (if non-commissioned officer)

(1) to be reduced to the ranks, or

(2) to be reduced to (a lower rank)

or

(3) to take rank and precedence as if his appointment to the rank of ……………………bore date ……………………

(4) to forfeit ……………………service for the purpose of promotion.

[Instructions.-This applies only in the case of a non-commissioned officer whose promotion depends upon length of service.]

(e) to forfeit ……………………past service for the purpose of……………………………………

(f) to be severely reprimanded (or reprimanded).

(g) (if on active service) to forfeit pay and allowances for a period of ……………………

(h) to forfeit all arrears of pay and allowances and other public money due to him at the time of his dismissal;

(j) to be put under stoppage of pay and allowances until he has made good the sum of ……………………in respect of……………………or (and) until he has made good the value of the following articles, viz ……………………value……………………etc.

Signed at ……………………this……………………day of……………………20……..

Commanding the ………………………………..

holding the trial.

The trial closed at ……………………………………….hrs.

Remarks by Reviewing Officer

(Army Act, section 162)

Form For Assembly And Proceedings Of A Summary General Court-Martial

A-ORDER CONVENING THE COURT

At (place) …………………… this …………………… day of………………………………20…………………..

*(1) Beginning of Form in case of falling under clause (a) of Army Act, section 112.

Whereas it appears to me ……………………an officer empowered in this behalf by an order of the Central Government /Chief of the Army Staff that the person/persons named in the annexed schedule, and being subject to Army Act has/have committed the offence/offences in the said schedule mentioned.

*Strike out inapplicable portion.

*(2) Beginning of Form in cases falling under clause (b) of Army Act, section 112.

Whereas it appears to me …………………………………………the/an officer…………………… commanding the forces in the Field (or empowered in this behalf by the officer commanding the forces in the Field) on active service that the person/persons named in the annexed schedule, and being subject to Army Act has/have committed the offence/offences in said schedule mentioned.

*(3) Beginning of Form in cases falling under clause (c) of Army Act, section 112.

Whereas it appears to me ……………………an officer now in command of……………………being a detached portion of the Regular Army on active service that the person/persons named in the annexed schedule, and being subject to Army Act, has/have committed the offence/offences in the said schedule mentioned and whereas I am of opinion that it is not practicable with due regard to discipline and the exigencies of the service that the said offence/offences should be tried by general Court-Martial.

*Only one of these will be used, the two which are inapplicable being struck out.

(4) End of form applicable to all cases.

I hereby convence a summary general Court-Martial to try the said person/persons and to consist of-£

(Here enter the special order (if any) under Army Rule 160 and any order under Army Act, section 157).

…………………………………………………………………………………….

(Signature of convening officer)

B-CERTIFICATE OF PRESIDING OFFICERS AS TO THE PROCEEDINGS

I certify that the above Court assembled on the ……………………day of…………………… 20……..and duly tried the person/persons named in the said schedule and that plea, findings and sentence in the case of such/each such person were as stated in the third and fourth columns of that schedule.

I further certify that the members of the Court, the witnesses and the interpreter were duly sworn or affirmed.

Signed at (Place) …………………… this……………………day of……………………20……..

…………………………………………………………………..

(Signature of presiding officer)

C-CONFIRMATION

I have dealt with the finding/findings and sentence/sentences in the manner stated in the last column of the said schedule and, subject to what I have there stated I hereby confirm the above finding/findings and sentence/sentences.*

I direct that the sentence of rigorous (or simple) imprisonment shall be carried out by confinement in military custody (or in civil prison).

*Strike out inapplicable portion.

£The members and waiting members (if any) may be appointed by name, or only their Ranks, Units may be mentioned in the latter event the Ranks, Names, etc., of the members of the Court, as constituted, will be recorded in the proceedings.

The accused is recommended Division “A” (or I) or “B” (or II) or “C” (or III) while undergoing sentence in the civil prison. If there are only two divisions of prisoners, the accused is recommended Division “A” (or I) or “B” (or II).

Signed at (place) …………………… this……………………day of……………………20……..

……………………………………………………………………….

(Signature of confirming officer)

D-PROMULGATION

Promulgated and extracts taken at ……………………this……………………day of…………………… 20………

……………………………………………………………………….

(Signature of officer-in-charge of documents)

SCHEDULE

Date ……………………20……..

Name of alleged offender*

Offence charged

Place

Finding(s), and if convicted sentence+

How dealt with by confirming officer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

………………………………

………………………………

………………………………

 

 

Signature of Convening Officer

Signature of Presiding Officer

Signature of Confirming Officer

PART I

STATEMENT AS TO CHARACTER AND PARTICULARS OF SERVICE OF ACCUSED

Number ……………………. Rank………………….. and Name …………………… of the……………… Regt.

1.               The following is a fair and true summary of the entries in the squadron, battery or company conduct sheet of the accused, exclusive of convictions by a Court-Martial or a Criminal Court and of summary awards under section 83,84 or 85 of the Army Act.

Within last 12 months

Since enrolment

For (a) ……………………..times

………………………………….times

For ….……………………..times

………………………………….times

For ….……………………..times

………………………………….times

Number of instance of gallantry or distinguished conduct

or

There are no entries in the conduct sheet of the accused.

2.               Irrespective of this trial the accused’s general character *is ……………………

3.               The present age of the accused according to his (record of service) (enrolment papers) is ……………………

4.               The date of his commission/(enrolment) specified in his (record of service) (enrolment papers) is ……………………and his total service is……………………

5.               (In the case of an officer/JCO). The accused holds the substantive rank of …………………… dated …………………..and Actg/Temp rank of……………………dated…………………..

6.               The accused has served as a non-commissioned officer continuously, without reduction to the present date—

Date of promotion

In the rank of …………………………………years…………………………………..

In the rank of …………………………………years…………………………………..

In the rank of …………………………………years…………………………………..

7.               The accused is entitled to reckon ……………………years service for the purpose of determining his pension/gratuity.

8.               The accused is in possession of or entitled to the following military decorations and rewards ………………………………………………………………………………………………

[9. The accused has been in arrest/confinement during investigation, inquiry or trial relating to the same case for ……………………days in civil custody and……………………days in military custody, making a total of ……………………days].

10.            The accused is not under sentence at the present time.

or

The accused at the present time is under sentence for ……………………beginning on the ……………………day of……………………20……..

11.            There are no previous convictions against the accused.

or

The previous convictions of the accused by a Court-Martial or a Criminal Court and summary awards under sections 83, 84 and 85 of the Army Act are set out in the Schedule annexed to the statement.

(a) Insert the statement of offence and the relevant section of the Army Act.

*The character of soldier will be recorded in terms of Regulations Army, Para. 171.

SCHEDULE OF CONVICTIONS BY A COURT-MARTIAL OR CRIMINAL COURT AND OF SUMMARY AWARDS UNDER SECTION 83, 84 OR 87 OF THE ARMY ACT

Of accused No …………………….. ………………………………………………… Rank ………………………………………….. Name ……………………………………. of……………………………………………………….

Note.-Verbatim extract from the regimental records stating these convictions must be inserted.

Description of Court/authority

 

Awarding punishments summarily

Place and date of trial/summary/award

Charges of which convicted

Sentence/summary award

Minute of confirmations (where convicted by Court-Martial)

Remarks