KEY TO MIL LAW

DRAFTED AND PREPARED

BY COL AMIT KUMAR,
VETERAN EX JUDGE
ADVOCATE GENERAL’s
DEPARTMENT
 COLONEL AMIT KUMAR (VETERAN)
JUDGE ADVOCATE GENERALS’ DEPARTMENT

SHORT BRIEF OF AUTHOR: -

Col Amit Kumar is a Science and Law graduate from Shia PG college Lucknow. (Affiliated to Lucknow University) from 1996 batch.
During his college days he was also Vice President of the Student Union in 1997. He was commissioned as direct entry from Indian
Military Academy in The SIKHLI INFANTRY Regiment on 24 June 2000. During his Infantry tenure he had held various
appointments during operations and peace such as Intelligence Officer, Ghatak Platoon Commander, Adjutant, company
commander and Second in Command.
During his prestigious service in Infantry, he has undergone various trainings and robust courses such as Young Officers Courses
(Weapons and Tactics) and Junior Command Course (JC 119) from Infantry School Mhow, Ghatak-35 (Commandos) from
Belgaum. Being a law graduate he was given appointments of Assistant Judge Advocate General (AJAG) in Central Command
Lucknow where he passed his mandatory exams for an entry to Judge Advocate General’s Department. Later he was permanently
transferred to Judge Advocate Generals branch of Indian Army. During his service in JAG's Department the officer held various
prestigious and important appointment of Officer In charge legal cell of High Court in Jammu and Kashmir and Supreme
Court, AJAG Southwestern Command, Deputy Judge Advocate General of Tri-Services at HQs Andaman and Nicobar
Command, HQs 10 CORPS and HQs 16 CORPS. The Officer is married to Col Annu Dogra from the same Department (still
serving). They are the first Colonel JAG couple amongst the Armed .Forces in the World.
Col Amit Kumar is a combination of an experienced Combat and JAG officer who has been recipient of ‘Best Student ' award from
Tri services Institute of Military Law. During his prestigious service to the Nation, he has been commended by the Attorney
General for India, Solicitor General of India and Assistant Solicitor General of India. He has been three times recipient of
award of commendation cards by Chief of Army Staff and Army Cdr Southwestern once.
The officer is presently registered as an Advocate with Bar council of India and is known for raising and highlighting issues related to
welfare and protection of Soldiers and their families’ Human rights. He was the man behind the orchestration of writ petition in
Supreme Court filed for protecting Major Aditya in media hype Sophia case in Kashmir. He had filled and led petition along
with 1250 Soldiers to safeguard our Soldiers who were either falsely implicated or put before criminal judicial system for
bonafide duties while they are or were fighting to anti-Nationals and guarding the Nation. The Officer has also authored an E- Book
named "Handbook of Military Law for guidance of Commanding Officer and other Regimental Officers" , Which carries an
interesting forewords of hon'ble Judges of Supreme Court and High Court. The book is free of cost and can be downloaded by
environment. He is also active on social media for raising issues relating to fundamental rights and motivating youths for better India.

Contacts
Mob: - 8130970030, 8825083338
Email Id-: 6711amit@gmail.com
Ch. 114, 128 RK Jain Block, Supreme Court of India, New Delhi- 110001
Weblinks:-
https://www.tridentassociates.org/our-team/
https://www.twitter.com/ColAmitkumar/status/
https://www.youtu.be/E3XHpCpldi4
https://www.instagram.com/p/COTlyLnig2h/?igshid=14cs2479bry7j&s=08
https://www.linkedin.com/in/amit-kumar-2b0b1843
https://www.facebook.com/amit6711
 KEY TO MIL LAW

1 Aim. Aim of this booklet is to aid and assist the officers of the Indian Army in their
preparation for Part B, Part D and Staff College Exam.

2. Objective. To achieve the aforesaid aim this booklet is divided into the following
chapters :-

(a) Chapter I - Know your Books

(b) Chapter II - How to Flag, MML Vol I,II,III and the Regulations for the
Army, Vol I & II (Revised Edition, 1987)

(c) Chapter III - Important References

(d) Chapter IV - Civil and Criminal Law

(e) Chapter V - How to prepare a Chargesheet

 2

CHAPTER -I
KNOW YOUR BOOKS

3. KNOW YOUR BOOKS (MML VOL-1, II, III AND REGULATIONS FOR THE
ARMY VOL-I, II

MML Vol-I Part-I contains the history of military law and provides an outline of the
Army Act. It also contains chapters on the law of evidence applicable to court martial, ordinary
criminal offences and other legal matters a knowledge of which is essential for the officers and
soldiers.

MML Volume 1

Brief History and outlines of the Army Act Imp Aspects & Guidelines
MML Vol-I Arrest and investigation
Court Martial
Evidence
Civil offences
Duties in Aid to civil
power Service privileges

MML Vol-II Part-II consists of The Army Act, 1950 and The Army Rules, 1954. The Army Act,
1950 constitutes a special law that confers a special jurisdiction on the Court Martial prescribing
a special procedure for the trial of offences under the Act. The Army Act, 1950 and the Army
Rule,1954 constitute a self contained code specifying offences and the procedure for
detention,custody and trial of the offenders by the Court Martial.
 3

MML Volume 2

Army Act (Statutory provision) Army Rule Procedure)

alongwith the notes Alongwith the notes as
guidelines, Forms and
Appendices

Preliminary Preliminary

Special provisions for the application Enrolment and Attestation

of Act in certain cases

Commission, Appointment and Enrolment Dismissal, Discharge, Etc.

Conditions of Service Restrictions on Fundamental

Rights.
Service Privileges Investigation of Charges and
Trial by Court-Martial

Offences General & District Court-

Martial
Punishments Summary Courts-Martial

Penal Deductions General Provisions

Arrest & Proceedings Before Trial Summary General Courts-

Martial

Courts-Martial Execution of Sentences

Procedure of Courts-martial Field Punishment

Confirmation and Revision Courts of Inquiry

Execution of Sentences Prescribed Officer,

Authorities
and other Matters
Pardons,Remissions & Suspensions
Rules

Transitory Provisions
 4

MML Vol-III Part III consist of some important civil laws reference to which will help the
officers and soldiers alike.

MML Volume 3

Civil Law Gazette notification issued by Index for

Central Government. Definition

The Armed Forces (Special powers) Ordinance 1942

The Armed Forces (Emergency Duties) Act,1947

The Armed Forces (Special Powers) Act, 1958 as amended by the

Act No 7 of 1972

The Armed Forces(J&K) Special power Act 1990

The Armed Forces Tribunal Act, 2007

The Army & Air Force (Disposal of Private Property) Act 1950

The Army & Air Force (Disposal of Private Property) Rules 1953

The Bankers Book Evidence Act, 1891

Extracts from the Criminal Procedure Code

Extracts from the Constitution of India

The Indian Evidence Act, 1872

The Indian Military Nursing Service Ordinance, 1943 and Rules thereunder

The Military Nursing Service (India) Rules, 1944

The Indian Official Secrets Acts, 1923

The Indian Penal Code, 1860

The Prevention of Corruption Act,1988

The Indian Reserve Forces Act, 1888, and Rules thereunder

 5

The Right to Information Act,2005

The Indian Soldiers Litigation Act,1925

The Indian Soldiers (Litigation) Rules, 1938

The Indian Territorial Army Act, 1948

The Indian Territorial Army Act, Rules 1948

The Indian Tolls (Army and Air Force) Act, 1901 and Rules thereunder

Notifications and warrants issued under the Army Act, 1950

MML Volume 3

Civil Law Gazette notification issued by Index for

Central Government. Definition

NO. I. COMMENCEMENT OF THE ARMY ACT, 1950

(Ministry of Defence Notification No. S. R.O. 120

dated 22nd July 1950)

NO. II. MILITARY NURSING SERVICES (INDIA) RULES,

1944

(War Department Notification No. 923 of 10 Jan

1944)

NO. III. APPLICATION OF THE ACT TO CIVIL GT COYS

ETC.

(a) (Ministry of Defence Notification No S.R.O. 122 Dated 22nd

July 1950 as Amended By S.R.O. 282 Dated 17th August 1960)

(b) (Ministry of Defence Notification No 1255, Dated 7th

November 1953 as Amended By S.R.O. 126/61)

 6

NO. IV. OFFICERS PRESCRIBED UNDER SECTION 8 OF

THE ACT

(Ministry Of Defence Notification No. S. R.O. 135-A

Dated 22nd July 1950)

NO. V. COMMENCEMENT OF ARMY AND AIR FORCE

(DISPOSAL OF PRIVATE PROPERTY ACT, 1950 (XL OF
1950)

(Ministry of Defence Notification No S.R.O. 123 Dated 22nd

July 1950)

NO. VI. APPLICATION OF THE ACT TO THE ASSAM

RIFLES

(a) (Ministry of Defence Notification No S.R.O. 117

dated 28th March, 1960

(b) (Ministry of Defence Notification No S.R.O. 318

dated 6 Dec 62 as amended by S.R.O. 364 dated 29
Nov 73, S.R.O. 89 dated 22 Feb 74 and S.R.O. 325 dated
31 Aug 77.)

(c) (Ministry of Defence Notification No S.R.O. 325

dated 29 September 1975.

(d) (Ministry of Defence Notification No S.R.O. 319

dated 25 August 1977 as amended vide S.R.O. 30 of
1980, 119 of 1980, 301 of 1980, SRO. 82 of 1983 and
SRO 73 of 1988.)

NO. VII. APPLICATION OF THE ACT TO GENERAL

RESERVE ENGINEER FORCE

(a) (Ministry of Defence Notification No S.R.O. 329

dated 23 September 60 as amended by S.R.O. 364
dated 29 Nov 1973)
 7

(b) (Ministry of Defence Notification No S.R.O. 330

dated 23 September 1960.

(c) (Ministry of Defence Notification No 1001 dated

20th May 1961, Government of India Notification Part-I
Sec 3 (1961), as amended by Notification Nos. 993 dated
4 May 62, 2941 dated 11 Dec 62, 1143 dated 10 May 62,
55 dated 4 Dec 63, 1627 dated 15 July 64, 2 dated 22
Dec 64, 944 dated 19 Mar 66,2434 dated 31 Aug 66,558
dated 21 Feb 67 and 3236 dated 4 Dec 68 dated 28 Nov
1987 and 01 dated 10 March 1990.

REGULATIONS FOR THE ARMY VOL-I, (REVISED EDITION, 1987)

These are the orders of the Central Govt issued by Defence secretary on behalf of the
Ministry of Defence which are to be used for day to day functioning/regulating the administration of
the Army in a prescribed manner as expected from a soldier by the organisation. Army order,
Policies are prepared on the basis of the same. Volume-I of the Regulation for the Army
comprises of 549 Paras and primarily deals with Organisation, Control and Training in the
Army and provisions on Discipline.

Regulation for the Army Revised Edition, 1987

(Volume 1)

Organisation of Control & Trg Discipline Appendices

(para 1 to 308) (para 316 to 549) A - Training Centres,
Establishments and
Schools of Instruction-
Category 'A' Establishments

B - Training Centres,
Establishments and
Schools of Instruction-
Category 'B' Establishments
8
C - Promotion Examinations
D - Various Forms of
Commissions and Warrants

E - Registration Process of Ex-

servicemen in Zila Sainik
Boards and Directorate
General of Resettlement for
employment Assistance –
Guidelines

F - Form for the Grant of Family

Pension and Children's
Allowance to the Heirs of
JCOs, OR and Ncs E

G - Claim to Family Pension and

Children's Allowance

H - Nomination of Special
Family Pension
I - Form of Affidavit
J - Form of Affidavit
K - Form of Affidavit

L - Form of Affidavit

M - Form of Affidavit
N - Application for Permission to
accept Civil Employment
within a period of two years
after Retirement

O - Proforma for Retention of

Gifts
P -Complaints – A Specimen
Layout of Complaints

Q - Summary Disposal of
Charges in respect of
Officers, Junior
Commissioned Officers
and Warrant Officers under
Army Act, Section 83 to 85
 9

R - Attachment of Pay and

Allowances of Persons in
Military Service- Copy of
Letter No 50/51 Judicial,
dated the 7th Jan, 1954 form
for Ministry of Home Affairs,
New Delhi to all the State
Governments etc.
S - Procedure to be adopted in
dealing with Criminal
prosecution in which the
Govt of India are concerned
Home Department Office
Memorandum No, F. 336
-JUDL, dated the 30th June,
1922.

Regulation for the Army Volume 1

Organisation of Control & Trg Discipline Appendices

(para 1to 308 (para 316 to 549)

Summary and Courts Martial Disposal of Discipline Imprisonment in Court of inquiry Civil
Minor (para 446-479) Military General Military Custody Boards
Proceedings Punishments Prisoner under (para 316-335) (para 507-512) (para
516-529) (para 531-549)
(para 441-444) Sentence
(para 491-512)

General Complaints, Conduct Sheet Arrest Investigation Charges by Losses

(para 316-363) Petition & (para 386-388) (para 391-397) and disposal civil power (para 431-
Appeal of charges (para 416-424) 435)
(para 364-381) (para 401-411)

REGULATIONS FOR THE ARMY VOL-II, (REVISED EDITION, 1987) Volume

II of the Regulations for the Army consist of Para 551 to Para 1405, covering aspects of
Administration in Army and other General provisions.
 10

Regulation for the Army Revised Edition, 1987

(Volume 2)

Administration General Appendices

(para 551-1131) (page 1151 to 1405)

Station Fire Medical & Hot Film Leave of Micellaneous

Garrison Duties Hospital Weather Production Absence (para 376-
1405)
& Regt Duties (para 1186-1196) Duties Establishment Army Furlough
(para 1151-1161 (Para 1216-1234) (Para 1301-1308) Assistance (1336-1349)
(Para 1316-1317)

Barrack Duties Bands & Inventions & Tattoos Conferences

Duties In Messes Patents Pegeants & (para 1351-1373)
(para 1171-1178) Cantonments (para 1241-1289) (para 1311-1312) Displays
(para 1201-1209) (para 1321-1332)
 11

CHAPTER-II

HOW TO FLAG MML VOL I, II &III AND THE

REGULATIONS FOR THE ARMY, VOL I & II

4. For the ease of understanding and to save upon time, the student officers may mark
their book in the following manner:-

(a) Horizontal Flags.

(b) Vertical Flags.

All flags marked in horizontal may be used to point the substantive law. Thus, the
important flags in MML Vol II marked in horizontal may include the following topics :-

(i) PERSONS SUBJECT TO ARMY ACT (Sec 2).

(ii) DEFINITION (Sec 3 including the important notes mentioned therein).

(iii) COMMISSION, APPOINTMENT AND ENROLMENT (Sec 10 to 17).

(iv) CONDITIONS OF SERVICE (Sec 18 to 20, 22 to 24).

(v) SERVICE PRIVILEGE (Sec 25, 28 to 32).

(vi) RESTRICTIONS ON FUNDAMENTAL RIGHTS (Sec 21) .

(vii) OFFENCES (Sec 34 to 70).

(viii) PUNISHMENT (Sec 71 to 78, Sec 79 to 85, Sec 89).

(ix) PENAL DEDUCTION (Sec 90 to 100).

(x) ARREST AND MIL CUSTODY (Sec 101 to 107)

(xii) COURT MARTIAL (Sec 108 to 114, Sec 118 to 120 & Sec 128 to190)

(xiii) COMPLAINTS, PETITIONS AND APPEALS (Sec 26 & 27).

All flags marked in Vertical may be used to point the procedural law provided in MML Vol
II as also the important provisions in MML Vol III and in the Regulations for the Army Vol (I & II).
Thus, the important flags marked in vertical may include the following topics :-
 12

(i) DEFINITION

Army Rule 2
Page IV of the Regulations for the Army, Vol -1and Para 9, 71 and 72 of
the Regulations for the Army, Vol - 1.

(ii) COMMISSION, APPOINTMENT AND ENROLMENT

Army Rule 7 to 9
Para 132 to 146 of the Regulations for the Army, Vol -I

(iii) CONDITIONS OF SERVICE

Army Rule 11 to 18.

(iv) RESTRICTIONS ON FUNDAMENTAL RIGHTS

Army Rule 19 to 21),

Article 33 of Constitution of India provided in MML Vol-III

(v) OFFENCES

Sec 299 to 377 of Indian Penal Code provided in MML Vol – III

(vi) PUNISHMENT

Para 448, 468, 469 of the Regulations for the Army Vol – I

(vii) PENAL DEDUCTION

Army Rule 205

(Viii) ARREST AND MIL CUSTODY

Para 391 to 397, Para 507 to 510 of the Rgulations for the Army, Vol I)

(ix) COURT MARTIAL

(aa) KINDS OF COURT MARTIAL AND POWER TO CONVENE

Army Rule 37, 151

(ab) COMPOSITION AND POWERS OF COURT MARTIAL

Army Rule 40
Para 460 of the Regulations for the Army Vol-I
 13

(ac) PROCEDURE OF COURT MARTIAL

Army Rule 38, 39, 41 to 67

Army Rule 75 to 105
Army Rule106 to 150
Army Rule 152 to 165
Para 447, 452 to 459, 461 to 467, 470, 475, 477 to 479 of the
Regulations for the Army, Vol-I)

(ad) CONFIRMATION AND REVISION

Army Rule 68 to 74
Para 472, 473 and 476 of the Regulations for the Army, Vol -I

(ae) EXECUTION OF SENTENCES

Rule 166 to 171

(af) PARDON, REMISSION AND SUSPENSIONS

Para 474 of the Regulations for the Army, Vol-I)

(x) INVESTIGATION OF CHARGE

Army Rule 22 to 27
Para 401 to 411 of the Regulations for the Army, Vol-I

(xi) PREPARATION OF CHARGE

Army Rule 28 to 32
Para 451 of the Regulations for the Army, Vol-I

(xii) COURT OF INQUIRY, INQUEST BOARDS ETC

Para 364 to 370 of the Regulations for the Army, Vol-I.

(xiii) COMPLAINTS, PETITIONS AND APPEAL

Para 364 to 370 of the Regulations for the Army,Vol-I

 14

(xiv) DUTIES IN AID OF CIVIL AUTHORITIES

Para 301 to 308 of the Regulations for the Army, Vol-I

Sec 130, 131 of CrPC provided in MML Vol III

(xv) PRESCRIBED OFFICERS

Army Rule 187 to 204.

 15

CHAPTER III

IMPORTANT REFERENCES

The student officers are required to go through the undermentioned references from the book.

MML VOL-II

1. PERSONS SUBJECT TO THIS ACT

Army Act : Sec 2

2. DEFINITION

MML Vol-II Army Act : Section 3

Notes 3,7,13,17,21 to section 34
Note 3(a) to sec 37
Note 2 to Sec 38
Note 3 to Sec 41
Note 8 to Sec 46
Note 1 to Sec 90

Army Rule : Rule 2

Reg Vol-I Regulation for the Army : Page(iv)

Vol-I Para 9,71,72

MML Vol-III Indian Penal Code : Sec 6 to 33

Indian Evidence Act : Sec 3, 4
CrPC : Sec 2

3. COMMISSION, APPOINTMENT AND ENROLMENT

MML Vol-II Army Act : Sec 10 to 17

Army Rule : Rule 7 to 9

Regulation for the Army : Para 132 to 146

(Vol-I)
 16

4. CONDITIONS OF SERVICE

MML Vol-II Army Act : Sec 18, 19, 20 read with Rule 17,
Sec 22, 23 read with Rule 12,
Sec 24
Army Rule : Rule 11 to 18

5. SERVICE PRIVILEGES

MML Vol-II Army Act : Sec 25, 28 to 33

Note 1 to Sec 33

6. RESTRICTIONS ON FUNDAMENTAL RIGHTS

MML Vol-II Army Act : Sec 21

Army Rule : Rule 19 to 21

MML Vol-III Constitution of India : Article - 33

7. OFFENCES

MML Vol-II Army Act : Sec 34 to Sec 70

MML Vol-III Indian Penal Code : Civil Offences affecting to human

body.

8. PUNISHMENT

(a) Punishment by Court Martial

MML Vol-II Army Act : Sec 71 to 78

Regulation for the Army : Para 448, 468, 469

(b) Punishment otherwise than by Court Martial (Summary Punishment)

MML Vol-II Army Act : Sec 79 to 85

Sec 89

Regulation for the Army : Para 441, 443 and 444

 17

9. PENAL DEDUCTIONS

MML Vol-II Army Act : Sec 90 to 100

Army Rule : Rule 205

10. ARREST AND MIL CUSTODY

MML Vol-II Army Act : Sec 101 to 107

Regulation for the Army : Para 391 to 397,

Para 507 to 510
11. COURT MARTIAL

(a) Kinds of Court Martial and power to convene them

MML Vol-II Army Act : Sec 108 to 112

Army Rule : Rule 37, 151

(b) Composition and Powers of Court Martial

MML Vol-II Army Act : Sec 113 to 116 and Sec 118
to 120

Army Rule : Rule 40

Regulations for the Army: Para 460

(c) Procedure of Court Martial

MML Vol-II Army Act : Sec 128 to 152

Army Rule : (i) Procedure in r/o

General & District Court
Martial

Rule 38, 39, 41 to 67

Rule 75 to 105

(ii) Procedure in r/o

Summary Court Martial
Rule 106 to 133

(iii) Procedure in r/o

Summary General Court
Martial
Rule 152 to 165
 18

(iv) General Provisions in

r/o Court Martial
Rule 134 to 150

Regulations for the Army : Para 447, 452 to 459,

461,to 467, 470, 475,
477 to 479

MML Vol-III - Indian Evidence Act : Relevancy, On Proof,

Electronic Evidence
Witnesses & Examination
(d) Confirmation and Revision

MML Vol-II Army Act : Sec 153 to 165

Notes 4, 5 and 6(a) to Sec
158

Army Rule : Rule 68 to 74

Regulations for the Army: Para 472, 473 and 476

(e) Execution of Sentences

MML Vol-II Army Act : Sec 166 to 178

Army Rule : Rule 166 to 171

(f) Pardon, Remission and Suspensions

MML Vol-II Army Act : Sec 179 to 190

Regulations for the Army: Para 474

12. INVESTIGATION OF CHARGE

MML Vol-II Army Rule : Rule 22 to 27
Regulation of Army : Para 401 to 411
 19

13. PREPARATION OF CHARGE

MML Vol-II Army Rule : Rule 28 to 32
Note 3 to 14 of Rule 30
Specimen charges Appx II,
Part IV, MML Vol II page No
251-270, (2011 Edition),
Page No 382-401(Old
Edition)

Regulation for the Army : Para 451

14. COURT OF INQUIRY, INQUEST BOARDS ETC.

MML Vol-II Army Rule : Rule 177 to 186

Regulations for the Army : Para 516 to 529

1987 (Rev Edn)

15. COMPLAINTS, PETITIONS AND APPEALS

MML Vol-II Army Act : Sec 26, 27

Regulations for the Army : Para 364 to 370

16. DUTIES IN AID OF CIVIL AUTHORITIES

Regulations for the Army : Para 301 to 308

MML Vol-III:-
CrPC : Sec 130-131

17. PRESCRIBED AUTHORITY

MML Vol-II Army Rule : Rule 187 to 204

 20

CHAPTER IV

CIVIL AND CRIMINAL LAW

MML Vol-III

1. The Armed Forces (Special Powers) Act, 1958

Sec 1 - Short title and extent.

Sec 3 – Power to declare areas to be disturbed areas.

Sec 4 – Special Powers of the Armed Forces.

Sec 5 – Arrested persons to be made over to the police.

Sec 6 – Protection to persons acting under Act.

2. The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990

Sec 1 - Short title, extent and commencement.

Sec 3 – Power to declare areas to be disturbed areas.

Sec 4 – Special Powers of the Armed Forces.

Sec 5 - Power of search to include powers to break open locks etc.

Sec 6 – Arrested persons and seized property to be made over to the police.

Sec 7 – Protection of persons acting in good faith under this Act.

3. Right to Information Act, 2005

Section 1 - Short Title, extent and commencement

Section 2- Definitions

Section 6 - Request for obtaining information

Section 7 - Disposal of request

Section 8 - Exemption from disclosure of information

Section 11- Third Party information

 21

Section 12 to 14 The Central Information Commission

Section 18 to 20- Powers and Functions of the Information Commissions, Appeal and
Penalties

4. The Armed Forces Tribunal Act, 2007

Preliminary Sec 1 to 3

Establishment of Tribunal Sec 4 to 13

And Benches Thereof

Jurisdiction, Powers and Sec 14 to 20

Authority of the Tribunal

Procedure Sec 21 to 29

Appeal Sec 30 to 32

Miscellaneous Sec 33 to 43

5. The Indian Evidence Act (Act 1 Of 1872)

Preliminary Sec 1 to 4

Of The Relevancy Of Facts Sec 5 to 16

Admission Sec 17 to 31

Statement Of Persons Who Sec 32, 33

Cannot Be Called As Witnesses

Statement Made Under Special Sec 34 to 38

Circumstances

How Much Of A Statement Is To Sec 39

Be Proved

Judgment Of Courts Of Justice, Sec 40 to 44

When Relevant

Opinions Of Third Persons, When Sec 45 to 51

Relevant

Character When Relevant Sec 52 to 55

On Proof

Facts Which Need To Be Proved Sec 56 to 58

Of Oral Evidence Sec 59, 60

 22

Of Documentary Evidence Sec 61 to 78

Presumptions As To Documents Sec 79 to 90A

Of The Exclusion Of Oral By Sec 91 to 100

Documentary Evidence

Of The Burden Of Proof Sec 101 to 114A

Estoppel Sec 115 to 117

Of Witnesses Sec 118 to 134

Of The Examination Of Witnesses Sec 135 to 166

Of Improper Admission And Sec 167

Rejection Of Evidence

6. The Indian Penal Code Act No XLV of 1860

Chapters :-

I. Introduction (Sec. 1-5)

II. General Explanations (Sec.6-52A)

III. of Punishments (Sec.53-75)

IV. General Exceptions (Sec.76-106)

V. Of Abetment (Sec.107-120)

VA. Criminal Conspiracy (Sec.120A-120B)

VI. Of Offences Against The State (Sec.121-130)

VII. Of Offences Relating To The Army, Navy And Air Force (Sec.131-140)

VIII. Of Offences Against The Public Tranquillity (Sec.141-160)

IX. Of Offences By Or Relating To Public Servants (Sec.161-171)

IX. Of Offences Relating To Elections (Sec.171A-171-1)

X. Of Contempts Of The Lawful Authority Of Public Servants (Sec.172-190)

XI. Of False Evidence And Offences Against Public Justice (Sec,191-229A)

XII. Of Offences Relating To Coin And Government Stamps (Sec.230-263A)

 23

XIV. Of Offences Affecting The Public Health, Safety,Convenience, Decency And Morals
(Sec.268-294A)

XV. Of Offences Reating To Religion (Sec.295-298)

XVI. Of Offences Affecting The Human Body (Sec.299-377)

XVII. Of Offences Against Property (Sec. 378-462)

XVIII. Of Offences Relating To Documents And To Property Marks (Sec. 463-489E)

XIX. Of The Criminal Breach Of Contracts Of Service (Sec. 490-492)

XX. Of Offences Relating To Marriage (Sec.493-498)

XX-A. Of Cruelty By Husband Or Relatives Of Husband (Sec.498A)

XXI. Of Defamation (Sec.499-502C)

XXII. Of Criminal Intimidation, Insult And Annoyance (Sec.503-510)

XXIII. Of Attempts To Commit Offences (Sec.511)

 24

CHAPTER V
HOW TO PREPARE A CHARGESHEET

A chargesheet is a preparation document of the accusations against a person subject to

the Act. It contains the whole issue or issues to be tried by a Court Martial at one time. Every
chargsheet shall begin with the name and description of the person charged and state his
number, rank, name and the Corps or department to which he belongs (Refer AR 29).

[For the commencement of Charge sheet and the description etc. of the accused, the
student officers may refer to Part -I of Appendix II at Pg 233 of MML Vol II, 2011 Edition
(Pg 363 of Old Edn)].

Each charge shall state one offence only and in no case shall an offence be described in
the alternative in the same charge. Each charge shall be divided into two parts -

(a) Statement of the offence ; and

(b) Statement of the particulars of the act, neglect or omission constituting the offence
(Refer AR 30)

Student officers are required to go through Part III of Appendix II of MML Vol II wherein
at Pg 236 to 250 of MML Vol II, 2011 Edition (Pg 367 to 381) of Old Edition), Statement of
Offences in respect of offences under the Army Act have been provided. Further, the student
officers are also required to understand the act or omission constituting the offence before
preparing the chargesheet. In this regard, attention of the student officers are invited to Part IV
of Appex II of MML Vol II wherein at Pg 251 to 270 of MML Vol II, 2011 Edition (Pg 382- 401
of Old Edition), Specimen Charges in respect of various offences have been provided.

The Chargesheet is required to be signed by the Commanding Officer of the accused and shall
contain the place and date of such signature (Refer AR 31).

For better understanding and assimilation of the student officers, an illustrative chargesheet
(Appx A) has been prepared with the aim to help therm in solving questions pertaining to
preparation of chargesheet.
 25
Appendix 'A'

ILLUSTRATION OF CHARGE -SHEET

CHARGE -SHEET

The accused, Number 12345678 Sepoy (L/Nk) Prem Chand, 1st Battalion, Name and Description
The Punjab Regiment, attached to 2nd Battalion, The Dogra Regiment, is Of the Person charged
charged with :-

Army Act DISOBEYING A LAWFUL COMMAND GIVEN BY HIS SUPERIOR Statement of the offence
Sec 41 (2) OFFICER,

in that he,
Statement of the
at Allahabad, on 28 Jan 2017, when ordered by JC-23456 Subedar particulars
of the act, neglect or
Vijay Chand of 1st Battalion, The Punjab Regiment to turn out for Commanding Omission constituting
Officer's parade, did not do so. the offence

Sd-x-x-x-x-x Signature of the

Place : Allahabad Veer Pratap
Lt Col
Date : 01 Feb 2017 Commanding Officers
The Dogra Regiment
Commanding Officer
of the accused
specifying the place and
date of such signature

To be tried by a District Court Martial

Signature of the
Convening Authority
Sd-x-x-x-x-x
for the trial
Place : Allahabad Dayanand specifying the place and
Brigadier date of such signature (Where
Date : 03 Feb 2017 Commanding Allahabad Trial by Court Martial has
Sub Area been advised)