Air Force Act, 1950- Sections 158 to 194

158. Confirming of findings and sentences on board a ship.

158. Confirming of findings and sentences on board a ship.—When any person subject to this Act is tried and sentenced by a court-martial while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.

159. Revision of finding or sentence.

159. Revision of finding or sentence.—(1) Any finding or sentence of a court-martial may be once revised by order of the confirming authority and on such revision, the court, if so directed by the confirming authority, may take additional evidence.

(2) The court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent.

(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general court-martial, it still consists of five officers, or, if a summary general or district court-martial, of three officers.

160. Alteration of finding or sentence in certain cases.

160. Alteration of finding or sentence in certain cases.—(1) Where a finding of guilty by a court-martial, which has been confirmed, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under Section 177 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding:

Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the offence.

(2) Where a sentence passed by a court-martial which has been confirmed not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence.

(3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section.

(4) Any finding substituted, or any sentence passed, under this section shall for the purposes of this Act and the rules made there under have effect as if it were a finding or sentence, as the ease may be, of a court-martial.

 

Other Contents of Air Force Act, 1950

Sections 1 to 30 Sections 31 to 56 Sections 57 to 87 Sections 88 to 126 Sections 127 to 157 Sections 158 to 194

 

161. Remedy against order, finding or sentence of court-martial.

161. Remedy against order, finding or sentence of court-martial.—(1) Any person subject to this Act who considers himself aggrieved by any order passed by a court-martial may present a petition to the officer or authority empowered to confirm any finding or sentence of such court-martial, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates.

(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of a court-martial which has been confirmed, may present a petition to the Central Government, [i][the Chief of the Air Staff] or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, [ii][the Chief of the Air Staff] or other officer, as the case may be, may pass such order thereon as it or he thinks fit.

162. Annulment of proceedings.

162. Annulment of proceedings.—The Central Government, [iii][the Chief of the Air Staff] or any prescribed officer may annul the proceedings of any court-martial on the ground that they are illegal or unjust.

163. Form of sentence of death.

163. Form of sentence of death.—In awarding a sentence of death, a court-martial shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.

164. Commencement of sentence of transportation or imprisonment.

164. Commencement of sentence of transportation or imprisonment.—Whenever any person is sentenced by a court-martial under this Act to transportation, imprisonment or detention the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer.

165. Execution of sentence of transportation.

165. Execution of sentence of transportation.—Whenever any sentence of transportation is passed under this Act or whenever any sentence of death be commuted to transportation, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer-in-charge of the civil prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.

166. Execution of sentence of imprisonment.

166. Execution of sentence of imprisonment.—(1) Whenever any sentence of imprisonment is passed under this Act or whenever any sentence of death or transportation is commuted to imprisonment, the confirming officer or such other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) and (4), direct either that the sentence shall be carried out by confinement in a military or air force prison or that it shall be carried out by confinement in a civil prison.

(2) When a direction has been made under sub-section (1) the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer-in-charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.

(3) In the case of a sentence of imprisonment for a period not exceeding three months, the officers referred to in sub-section (1) may direct that the sentence shall be carried out by confinement in air force custody instead of in a civil or military or air force prison.

(4) On active service, a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may from time to time appoint.

167. Temporary custody of offender.

167. Temporary custody of offender.—Where a sentence of transportation or imprisonment is directed to be undergone in a civil prison, the offender may be kept in military or air force custody or in any other fit place, till such time as it is possible to send him to a civil prison.

168. Execution of sentence of imprisonment in special cases.

168. Execution of sentence of imprisonment in special cases.—Whenever, in the opinion of an air or other officer commanding a group, any sentence or portion of a sentence of imprisonment cannot for special reasons conveniently be carried out in a military or air force prison or in air force custody in accordance with the provisions of Section 166 such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.

169. Conveyance of prisoner from place to place.

169. Conveyance of prisoner from place to place.—A person under sentence of transportation or imprisonment may, during his conveyance from place to place, or when on board ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal.

170. Execution of sentence of detention.

170. Execution of sentence of detention.—Whenever any sentence of detention is passed under this Act, or whenever any sentence of death, transportation or imprisonment is commuted to detention, the sentence shall be carried out by detaining the offender in any military or air force detention barracks, detention cells or other military or air force custody; and when the sentence is to be carried out by detention in any military or air force detention barracks, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer-in-charge of the detention barracks in which the person under sentence is to be detained and shall forward the person under sentence to such detention barracks with the warrant.

171. Communication of certain orders to prison officers.

171. Communication of certain orders to prison officers.—Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil, military or air force prison or detained in a military or air force detention barracks, a warrant in accordance with such order shall be forwarded by the officer making the order, or his staff officer, or such other person as may be prescribed, to the officer-in-charge of the prison or detention barracks in which such person is confined.

172. Execution of sentence of fine.

172. Execution of sentence of fine.—When a sentence of fine is imposed by a court-martial under Section 71 whether the trial was held within India or not, a copy of such sentence, signed and certified by the confirming officer may be sent to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), or any corresponding law in force in a Part B State, for the levy of fines as if it were a sentence of line imposed by such magistrate.

173. Establishment and regulation of air force prisons.

173. Establishment and regulation of air force prisons.—The Central Government may set apart any building or part of a building, or any place under its control, as an air force prison or detention barracks for the confinement of persons sentenced to imprisonment or detention under this Act.

174. Informality or error in the order or warrants.

174. Informality or error in the order or warrants.—Whenever a person is sentenced to transportation, imprisonment or detention under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly.

175. Power to make rules in respect of prisons and prisoners.

175. Power to make rules in respect of prisons and prisoners.—The Central Government may make rules providing—

(a) for the government, management and regulation of air force prisons and detention barracks;

(b) for the appointment, removal and powers of inspectors, visitors, governors and officers thereof;

(c) for the labour of prisoners undergoing confinement therein, and for enabling such prisoners or persons to earn by special industry and good conduct, a remission of a portion of their sentence;

(d) for the safe custody of such prisoners or persons and the maintenance of discipline among them and the punishment, by personal correction, restraint or otherwise, of offences committed by them;

(e) for the application to air force prisons or detention barracks of any of the provisions of the Prisons Act, 1894 (9 of 1894), relating to the duties of officers of prisons and the punishment of persons not being prisoners;

(f) for the admission into any prison, at proper times and subject to proper restrictions, of persons with whom prisoners may desire to communicate, and for the consultation by prisoners under trial with their legal advisers without the presence as far as possible of any third party within hearing distance.

176. Restriction of rule-making power in respect to corporal punishment.

176. Restriction of rule-making power in respect to corporal punishment.—Rules made under Section 175 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under any law for the time being in force relating to civil prisons in India.

177. Pardon and remission.

177. Pardon and remission.—When any person subject to this Act has been convicted by a court-martial of any offence, the Central Government, [iv][the Chief of the Air Staff], an air or other officer commanding a group of, or the prescribed officer, may—

(a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or

(b) mitigate the punishment awarded; or

(c) commute such punishment for any less punishment or punishments mentioned, in this Act:

Provided that a sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the court; and a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment so awarded;

(d) either with or without conditions which the person sentenced accepts, release the person on parole.

178. Cancellation of conditional pardon, release on parole or remission.

178. Cancellation of conditional pardon, release on parole or remission.—(1) If any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon, release or remission had not been granted.

(2) A person whose sentence of transportation, imprisonment or detention is carried into effect under the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence.

179. Reduction of warrant officer or non-commissioned officer.

179. Reduction of warrant officer or non-commissioned officer.—When under the provisions of Section 79 a warrant officer or a non-commissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purpose of Section 177 be treated as a punishment awarded by a sentence of a court-martial.

180. Suspension of sentence of transportation, imprisonment or detention.

180. Suspension of sentence of transportation, imprisonment or detention.—(1) Where a person subject to this Act is sentenced by a court-martial to transportation, imprisonment or detention, the Central Government, [v][the Chief of the Air Staff], or any officer empowered to convene a general or a summary general court-martial may suspend the sentence whether or not the offender has already been committed to prison or to air force custody.

(2) The authority or officer specified in sub-section (1) may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or to air force custody.

(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted.

181. Orders pending suspension.

181. Orders pending suspension.—A confirming officer may, when confirming any sentence referred to in Section 180, direct that the offender be not committed to prison or to air force custody until the orders of the authority or officer specified in Section 180 have been obtained.

182. Release on suspension.

182. Release on suspension.—Where a sentence is suspended under Section 180, the offender shall forthwith be released from custody.

183. Computation of period of suspension.

183. Computation of period of suspension.—Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.

184. Order after suspension.

184. Order after suspension.—The authority or officer specified in Section 180 may, at any time while a sentence is suspended, order—

(a) that the offender be committed to undergo the unexpired portion of the sentence, or

(b) that the sentence be remitted.

185. Reconsideration of case after suspension.

185. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case may at any time, and shall, at intervals of not more than four months, be reconsidered by the authority or officer specified in Section 180, or by any air or other officer not below the rank of squadron leader duly authorised by the authority or officer specified in Section 180.

(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in Section 180.

186. Fresh sentence after suspension.

186. Fresh sentence after suspension.—Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then—

(a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently;

(b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or air force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and

(c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under Section 184 or Section 185, continue to be suspended.

187. Scope of power of suspension.

187. Scope of power of suspension.—The powers conferred by Sections 180 and 184 shall be in addition to and not in derogation of, the power of mitigation, remission and commutation.

188. Effect of suspension and remission on dismissal.

188. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence the punishment of dismissal has been awarded by a court-martial, and such other sentence is suspended under Section 180, then, such dismissal shall not take effect until so ordered by the authority or officer specified in Section 180.

(2) If such other sentence is remitted under Section 184, the punishment of dismissal shall also be remitted.

189. Power to make rules.

189. Power to make rules.—(1) The Central Government may make rules for the purpose of carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of the power conferred by sub-section (1), the rules made thereunder may provide for—

(a) the removal, retirement, release or discharge from the service of persons subject to this Act;

(b) the amount and incidence of fines to be imposed under Section 90;

(c) the specification of the punishment which may be awarded as field punishments under Sections 77 and 82;

(d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts;

(e) the convening and constituting of courts-martial and the appointment of prosecutors at trials by courts-martial;

(f) the adjournment, dissolution and sitting of courts-martial;

(g) the procedure to be observed in trials by courts-martial and the appearance of legal practitioners thereat;

(h) the confirmation, revision and annulment of, and petitions against the findings and sentences of courts-martial;

(i) the carrying into effect of sentences or courts-martial;

(j) the forms of orders to be made under the provisions of this Act relating to courts-martial, transportation, imprisonment and detention;

(k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provision should be made for dependants under Section 100 and the due carrying out of such decisions;

(l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non-commissioned officers of the regular Army, Navy and Air Force when acting together;

(m) any other matter directed by this Act to be prescribed.

190. Power to make regulations.

190. Power to make regulations.—The Central Government may make regulations for all or any of the purposes of this Act other than those specified in Section 189.

191. Publication of rules and regulations in Gazette.

191. Publication of rules and regulations in Gazette.—All rules and regulations made under this Act shall be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Act.

191-A. Laying of rules and regulations before Parliament.

[vi][191-A. Laying of rules and regulations before Parliament.—Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.]

192. Repeal.

192. Repeal.—[Repealed by the Repealing and Amending Act, (36 of 1957), Section 2 and Schedule].

193. Definition of “British officer”.

193. Definition of “British officer”.—(1) In this Chapter “British officer” means a person of non-Indian domicile holding a commission in His Majesty’s Air Forces and serving in the Air Force.

(2) The expression “superior officer” in this Act shall be deemed to include a British officer.

194. Powers of British officer.

194. Powers of British officer.—A British officer shall have all the powers conferred by this Act on an officer of corresponding rank or holding a corresponding appointment.

References

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