The Pakistan Army Act, 1952 ACT XXXIX OF 1952
The Pakistan Army Act, 1952 ACT XXXIX OF 1952
[13th, 1952]
An Act to consolidate and amend the law relating to
the Pakistan Army.
WHEREAS it is expedient to consolidate and amend
the law relating to the Pakistan Army; It is hereby enacted as follows:---
CHAPTER I.___PRELIMINARY
1. Short title and commencement.___(1)
This Act may be called the Pakistan Army Act, 1952.
(2) It shall come into force on such date2 as
the 3[Federal
Government] may, by notification in the Official Gazette, appoint in this
behalf.
For Statement of Object and
Reasons, see Gaz. of P., (1951 Pt. V, dated the 23rd November 1951, P. 71;
and for Report of Select Committee, see ibid. 1952. Ext., pp. 347-400.
The Act has been extended
to Khairpur State, by the Khairpur (Federal Laws) Extension) Order,
1953 (G.G.O. 5 of 1953).
It has been extended to the Baluchistan States
Union by the Baluchistan States Union (Federal Laws) (Extension)
Order, 1953 (G.G.O. 4 of 1953), as amended.
The Act has been and shall be deemed always to have
been applied to Baluchistan and the Federated Areas of Baluchistan with effect
from the 1st April, 1955, see Gaz. of P., 1955, see Gaz. of P., 1955. Pt.
I p. 204.
The Act has been extended to the whole
of Pakistan by the Central Laws (Statute Reform) Ordinance, 1960 (21
of 1960), s. 3, and 2ndSch. (with effect from the 14th October, 1955).
The Act has been and shall be deemed to have been
brought into force in Gwadur with effect from the 8th September, 1958, by
the Gwadur (Application of Central Laws) Ordinance, 1960 (37 of 1960), s. 2.
The Act, rules, notifins, and orders made under it,
have been applied to the Tribal Areas or to the part of those areas to which
they have not been already applied, see the Tribal Areas (Application of Acts)
Reason 1965. Gaz. of P. 1965., Ext., pp 1016-1018.
The Provisions of this Act and rules made
thereunder have been applied in their application to non-commissioned officer
and men of the Pakistan Mujahid Force. When embodied for or otherwise
undergoing training with certain modification specified in Sch. II to rule 12
of the Pakistan Mujahid Force Rules, 1965, see Gaz. of P., 1965, Ext., pp.
1105-1107.
2 The
1st day of April, 1955, see Gaz. of P., 1955, Ext. p. 389.
3 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
2. Persons subject to the Act.___(1)
The following persons shall be subject to this Act, namely:---
(a) officers, junior commissioned officers and
warrant officers of the Pakistan Army;
1[(b) persons
enrolled under The Indian Army Act, 1911, before the date notified in pursuance
of sub-section (2) of section 1, and serving with the Pakistan Army immediately
before that date, and persons enrolled under this Act;]
2[(bb) persons
subject to the 3[Pakistan
Navy Ordinance, 1961], or the Pakistan Air Force Act, 1953, when seconded for
service with the Pakistan Army, to such extent and subject to such regulations
as the4[Federal
Government] may direct;]
(c) persons not otherwise subject to this Act,
who, on active service, in camp, on the march, or at any frontier post
specified by the 4[Federal
Government] by notification in this behalf, are employed by, or are in the
service of or are followers of, or accompany any portion of the Pakistan
Army 5[;]
(i) seducing or attempting to seduce any
person subject to this Act from his duty or allegiance to Government, or
1 Subs.
by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 2, for the
original clause (b) (with effect from the 1st April, 1952).
2 Clause
(bb) ins. by ibid.
3Subs.
by the Repealing and Amending Ordinance, 1965 (10 of 1965), s. 3, and 2nd Sch.,
for “Pakistan Navy (Discipline) Act, 1934 (XXXIV of 1934)”.
4Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
5 Subs.
and added by the Defence Services Laws Amendment Ordinance, 1967 (3 of 1967),
s. 2.
(ii) having committed, in relation to any work
of defence, arsenal, naval, military or air force establishment or station,
ship or aircraft or otherwise in relation to the naval, military or air fore
affairs of Pakistan, an offence under the Official Secrets Act, 1923 1[02]
1["(iii) claiming
or are known to belong to any terrorist group or organization using the name of
religion or a sect; and
(a) raise arms or wage war against Pakistan,
or attack the Armed Forces of Pakistan or law enforcement agencies, or attack
any civil or military installations in Pakistan; or
(b) abduct any person for ransom, or cause
death of any person or injury; or
(c) posses, store, fabricate or transport the
explosives, fire arms, instrument, articles, suicide jackets; or
(d) use or design vehicles for terrorist acts;
or
(e) provide or receive funding from any
foreign or local source for the illegal activities under this clause; or
(f) act to over-awe the state or any section
of the public or sect or religious minority; or
(g) create terror or insecurity
in Pakistan or attempt to commit any of the said acts within or
outside Pakistan, shall be punished under this Act; and
(iv) claiming or are known to belong to any
terrorist group or organization using the name of religion or a sect and raise
arms or wage war against Pakistan, commit an offence mentioned at serial No.
(i), (ii), (iii),(v),(vi), (vii), (viii), (ix), (x), (xi), (xii), (xii), (xv),
(xvi), (xvii) and (xx) in the Schedule to the Protection of Pakistan Act, 2014
(X of 2014).
Provided that any person who is alleged to have
abetted, aided or conspired in the commission of any offence falling under
sub-clause (iii) or sub-clause (iv) shall be tired under this Act wherever he
may have committed that offences:
Provided further that no person accused of an
offence falling under sub-clause (iii) or sub-clause (iv) shall be prosecuted
without the prior sanction of the Federal Government.
Explanation: In this clause in the expression
‘sect’ means a sect of religion and does not include any religious or political
party regulated under the Political Parties order, 2002"].
1Ins.
& added by Act, II of 2015,s.2.
1[(e) persons
not otherwise subject to this Act who belonged to the former East Pakistan
Civil Armed Forces and were repatriated to Pakistan after the sixteenth day of
December, 1971.]
(2) Every person subject to this Act under clause
(a) or clause (b) 1[or
clause (e)]of sub-section (1) shall remain so subject until duly retired,
released, discharged, removed or dismissed from the service.
2[(3)
Every person subject to this Act under clause (bb) of sub-section (1) shall
remain so subject during the period of his secondment to the Pakistan Army.]
3["(4)
The Federal Government shall have the power to transfer any proceedings in
respect of any person who is accused of any offence falling under sub-clause
(iii) or sub-clause (iv) of clause (d) of sub-section (1), pending in any court
for a trial under this Act.
(5) Any proceedings transferred under sub-section
(4) shall be deemed to have been instituted under this Act.
(6) Where a case is transferred under sub-section
(4)it shall not be necessary to recall any witness or again record any evidence
that may have been recorded.”
4[2A.
Secondment to Navy or Air Force. The 5[Federal
Government] may by order in writing direct that any person 6*
* * 7[referred
to in clause (a), clause (b) or clause (e)] of sub-section (1) of section 2
shall, under such conditions as may be laid down by regulations, be seconded
for service with the Pakistan Navy or the Pakistan Air Force.]
1 Subs.
added and Ins. by the Pakistan Army (Amdt.) Act, 1975 (73 of 1975),
s. 2.
2 New
sub-section (3) added by the Pakistan Army (amdt.) Act, 1958 (11 of
1958), s. 2 (with effect from the 1st April, 1952).
3Ins.
and added by Act II of 2015, s. 2.
4 Ins.
ibid., s. 3.
5 Subs.
by the Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.
6 The
words “belonging to the Army Medical Corps and” omitted by
the Pakistan Army (Amdt.) Ordinance, 1959 (61 of 1959), s. 2 (with
effect from the 1st April, 1955).
7Subs.
by the Defence Service laws (Amdt.) Ordinance, 1967 (3 of 1967),s.2 for
“subject to this Act otherwise the under clause (abb)”.
8 Ins.
by Act 73 of 1975, s. 3.
in writing direct that any person referred to in
clause (a) of sub-section (1) of section 2, other than a junior commissioned
officer or warrant officer, shall, under such conditions as may be laid down by
regulations, be seconded for service with any other armed forces raised or
maintained by the Federal Government, including civil armed forces.]
3. Special provision as to rank in certain cases.___(1)
The 1[Federal
Government] may, by notification, direct that any person or class of persons
subject to this Act under clause (c) 2[or
clause (d)] of sub-section (1) of section 2 shall be so subject as officers,
junior commissioned officers, warrant officers or non‑commissioned officers,
and may authorise any officer to give a like direction with respect to any such
person or to cancel such direction.
(2) All persons subject to this Act other than
officers, junior commissioned officers, warrant officers or non‑commissioned
officers shall, if they are not persons in respect whom a notification or
direction under sub-section (1) is in force, be deemed to be of a rank inferior
to that of a non‑commissioned officer.
4. Commanding officer of certain persons subject to
the Act. Every person subject to the Act under clause (c) of sub-section
(1) of section 2 shall, for the purposes of this Act, be deemed to be under the
command of the commanding officer of the corps, unit or detachment (if any) to
which he is attached, and if he is not so attached, then he shall be under the
command of any officer who may for the time being be named as his commanding
officer by the officer commanding the force with which such person may for the
time being be serving, or if no such officer is named, under the command of the
said officer commanding the force:
Provided that an officer commanding a force shall
not place a person under the command of an officer of rank inferior to that of
such persons, if there
1 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
2 Ins.
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 2.
is present at the place where such person is any
officer of a higher rank under whose command he can be placed.
5. Powers to apply Act to certain forces under the
1[Federal] Government.___(1)
The 1[Federal
Government] may, by notification, apply all or any provisions of this Act to
any force raised and maintained in Pakistan under the authority of the 1[Federal
Government 2[or
a Provincial Government]].
(2) On such notification being made any provisions
of this Act so applied shall have effect in respect of persons belonging to any
such force as they have effect in respect of person subject to this Act holding
in the Pakistan Army the same rank as or equivalent to that which the aforesaid
persons hold for the time being in the said force; and shall have effect in
respect of persons who are employed by, or are in the service of, or are
followers of, or accompany any portion of any such force as they have effect in
respect of persons subject to this Act under clause (c) of subsection (1) of
section 2.
(3) While any of the provisions of this Act apply
to any such force, the 1[Federal
Government] may, by notification, direct by what authority any jurisdiction,
powers or duties incident to the operation of these provisions shall be
exercised or performed in respect of that force, and may suspend the operation
of any other enactment for the time being applicable to that force.
6. Application of Act to States forces by Order of
the President. The 3[President]
may by order apply all or any provisions of this Act to any Land Forces of
an AccedingState.
7. Power to declare persons to be on active service.
Notwithstanding anything contained in clause (1) of section 8, the 1[Federal
Government] may, by notification, direct that any person or class
1 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
2 Added
by the Pakistan Army (Amdt.) Ordinance, 1971 (13 of 1971), s. 2.
3 Subs.
by A.O., 1961, Art. 2 and Sch., for “Governor-General” (with effect from the 23rd March,
1956).
of persons subject to this Act shall, with reference
to any area in which he may be serving or with reference to all or any of the
provisions of this Act or of any other law for the time being in force, he
deemed to be on active service within the meaning of this Act.
8. Definitions. In this Act, unless the
context otherwise requires,---
(1) “active service”, as applied to a person
subject to this Act, means the time during which such person is attached to, or
forms part of a force which is engaged in operation against an enemy, or is
engaged in military operations in, or is on the line of march to, a country or
place wholly or partly occupied by an enemy, or is attached to or forms part of
a force which is in military occupation of a foreign country;
1[(2) “Chief
of the Army Staff” means the officer commanding the Pakistan Army;
(3) “Civil offence” means an offence which, if
committed in Pakistan, would be triable by a criminal court.]
(4) “Commanding Officer” means:---
(i) when used in any provision of this Act
with reference to any separate portion of the Pakistan Army, the officer whose
duty it is under the regulations of the Pakistan Army, or in the absence of
such regulations by the custom of the service, to discharge with respect to
that portion, the functions of the commanding officer, 2*
(ii) when used in relation to a person subject
to this Act, the officer for the time being in command of any separate portion
of the Pakistan Army
1 Subs.
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 3. for
sub-section (2) and (3).
2 Omitted
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 2.
3[(iii) when
used in relation to a person subject to this Act under clause (d) of
sub-section (1) of section 2, any staff officer of General Headquarters or a
formation Headquarters or an officer, not below the rank of field officer,
within whose jurisdiction the offence is alleged to have been committed or the
person who is alleged to have committed it resides or is found.]
(5) “corps” means any separate body of the
Pakistan Army 1[or
of any force] which is prescribed as a corps for the purposes of all or any of
the provisions of this Act;
(6) “Court martial” means a Court martial held
under this Act;
(7) “Criminal Court” means a court of ordinary
criminal justice in Pakistan, or established elsewhere by the authority of
the 4[Federal
Government];
(8) “enemy” includes all armed mutineers,
armed rebels, armed rioters, pirates and any person in arms against whom it is
the duty of any person subject to this Act to act;
5[(8a) “Islamic
law” means a law relating to the enforcement of Hudood;]
(9) “junior commissioned officer” means a
person commissioned, gazetted or in pay as a junior commissioned officer in
the Pakistan army;
1 Ins.
by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 2.
2 Subs.
by the Pakistan Army (Amdt.) Act 1973 (51 of 1973), s. 2, for semi
colon.
3 Added
ibid., s. 2.
4 Subs.
ibid., s. 3, for “Central Government”.
5 Ins.
by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 2.
1[(9a) “military
custody” means the arrest or confinement of a person according to the usage of
the service and includes naval or air force custody;
(9b) “military reward” includes any gratuity
or annuity for long service or good conduct, any good service pay or pension,
and any other military pecuniary award;]
(10) “non‑commissioned officer” means a
persons attested under this Act who holds a non‑commissioned rank in the
Pakistan Army 2[and
includes an active non-commissioned officer];
(1l) “offence” means any act or omission
punishable under this Act and includes a civil offence as hereinbefore defined;
3[(12) “officer”
means a person, other than a junior commissioned officer, commissioned, gazetted
or in pay as an officer of the Pakistan Army and includes, in relation to a
person subject to this Act when serving under such conditions as may be
prescribed, an officer of the Pakistan Navy and an officer of the Pakistan Air
Force,].
(l3) “prescribed” means prescribed by rules
made under this Act;
(14) “service” when used in relation to an
institution, necessaries, books, band, mess, money, goods or other property
means an institution, necessaries, books, band, mess, money, goods or other
property belonging to, or connected with, the Pakistan Army or any unit or part
thereof;
1New
clauses (9a) and (9b) ins. by the Pakistan Army (Amdt.) Act, 1958 (11
of 1958), s. 4.
2 Added,
ibid.
3 Subs.
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 3 which was
previously subs. by the Pakistan Army (Amdt.) Act, 1963 (9 of 1963),
s. 2, for the original clause (12), to read as above.
(15) “superior officer” when used in relation
to a person subject to this Act, 1[includes
a junior commissioned officer, a warrant officer] or a non‑commissioned
officer; and, as regards persons placed under his orders, an officer, warrant
officer, petty officer or non‑commissioned officer of the Pakistan Navy or Air
Force;
(16) “warrant officer” means a person
appointed, gazetted or in pay as a warrant officer of the Pakistan Army 2[;]
3[(17) All
words and expressions used but not defined in this Act and defined in the
Pakistan Penal Code (XLV of 1860) 4[or
in any Islamic Law] shall be deemed to have the meanings assigned to them in
that Code 4[or,
as the case may be, that law].
CHAPTER II.___ APPOINTMENT,
ENROLEMENT AND ATTESTATION
9. Appointment to warrant rank. The 5[President]
may appoint any person as warrant officer.
9.A. [Administration of oath to warrant
officers. (Omitted by the Pakistan Army (Amdt.)Act, 1976 (51 of
1976), s. 4].
10. Ineligibility of aliens for service in the
Army. No person who is not a citizen of Pakistan shall, except
with the consent of the 6[Federal
Government] signified in writing, be granted a commission or warrant or be
enrolled in the Pakistan Army.
1 Subs.
by the Pakistan Army (Amdt.) Act, 1958. (11 of 1958), s. 4. for
“includes a warrant officer”.
2 Subs.
ibid, for full-stop.
3 New
clause (17) added ibid.
4 Ins.
and added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984),
s. 2.
5 Subs.
by A.O., 1961, Art. 2, for “Governor-General” (with effect from the 23rd March,
1956).
6 Subs.
by the Pakistan Army (Amdt.), Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
11. Procedure before enrolling officer. Upon
the appearance before the prescribed enrolling officer of any person desirous
of being enrolled, the enrolling officer shall read and explain to him, or
.cause to be read and explained to him in his presence, the conditions of the
service for which he is enrolled and shall put to him the questions set forth
in the prescribed form of enrolment and shall, after having cautioned him that
if he makes a false answer to any such question he will be liable to punishment
under this Act, record or cause to be recorded his answer to each such
question.
12. Enrolment. If, after complying with the
provisions of section 11, the enrolling officer is satisfied that the person
desirous of being enrolled understands the questions put to him and consents to
the conditions of service, and if the enrolling officer perceives no
impediment, he shall sign and also cause such person to sign the enrolment
paper and the person shall thereupon be deemed to be enrolled.
13. Presumption of validity of enrolment in certain
cases. Every person who has for the space of three months been in receipt
of military pay as a person enrolled under this Act and been borne on the rolls
of any corps or unit of the Pakistan Army shall be deemed to have been duly
enrolled and shall not be entitled to claim his discharge on the ground of any
irregularity or illegality in his enrolment or on any other ground whatsoever,
and if any person, in receipt of such pay and borne on the rolls as aforesaid
claim his discharge before the expiry of three months from his enrolment, no
such irregularity or illegality or other ground shall, until he is discharged
in pursuance of his claim, affect his position as a person enrolled under this
Act or invalidate any proceedings, act or thing taken or done prior to his
discharge.
14. Persons to be attested. The following
persons shall be attested, namely:---
(a) all persons enrolled as combatants;
(b) all persons selected to hold a non‑commissioned
or acting non-commissioned rank;
(c) all other enrolled persons prescribed by
the 1[Federal
Government].
15. Mode of attestation.___(1)
When a person who is to be attested is reported fit for duty, or has completed
the prescribed period of probation, an oath or affirmation shall be
administered to him in the prescribed form by his commanding officer, in front
of his corps or unit or such portion thereof as may be present, or by any other
prescribed person 2[:]
2[Provided
that, if the person to be attested is a Muslim, this section shall have effect
as if reference therein to affirmation were omitted.];
3[(2)
The form of oath or affirmation prescribed under this section shall contain a
promise that the person to be attested will bear true faith and allegiance to
Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which
embodies the will of the people, that he will not engage himself in any
political activities whatsoever and that he will honestly and faithfully serve
Pakistan in the Pakistan Army as required by or under the law, and that he will
obey all commands of any officer set over him, even to the peril of his life.]
(3) The fact that an enrolled person has taken the
oath or affirmation directed by this section shall be entered on his enrolment
paper, and authenticated by the signature of the officer administering the oath
or affirmation.
15A.___[Fresh
oath to certain persons]. [Omitted by the Pakistan Army (Amdt.) Act,
1976 (51 of 1976), s. 6].
1 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3 for
“Central Government”.
2Subs.
and added by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 5.
3 Subs.
F.A.O. 1975, Art. 2, and Sch, for sub-section 2 and 3.
CHAPTER III.___TERMINATION
OF SERVICE
16. Dismissal or removal by Federal
Government. The 1[Federal
Government] may dismiss or remove from the service any person subject to this
Act.
17. Dismissal or removal by 2[Chief
of the Army Staff] or other authorised officer.___(1)
The 2[Chief
of the Army Staff] may dismiss or remove from the service any junior
commissioned officer, or warrant officer, or any person enrolled under this
Act.
(2) An officer having power 3[to
convene a district court martial or an officer not below the rank of
lieutenant-colonel] empowered by the 2[Chief
of the Army Staff] in this behalf may dismiss or remove from the service any
person enrolled under this Act who may be serving under his command.
18. Retirement, release, or discharge. The
prescribed authority may, in conformity with such rules as may be prescribed in
this behalf, retire, release or discharge from the service any person subject
to this Act.
19. Certificate on termination of service. Every
junior commissioned officer, warrant officer, or person enrolled under this
Act, who is dismissed, removed, retired, released or discharged from the
service shall be furnished by his commanding officer with a certificate in the
English language or such other language as he understands, setting forth,---
(a) the authority who terminates his service;
(b) the cause for such termination;
(c) the full period of his service in the
Pakistan Army.
20. Discharge or dismissal when out
of Pakistan.____(1)
Any person subject to this Act, who is entitled under the conditions of his
service to be
1 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
2 Subs.
by F.A.O., 1975 Art. 2 and Sch., for “Command-in-Chief”.
3 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), section 3,
for “not less than that of a brigade commander or any officer not below the
rank of brigadier”.
discharged, or whose discharge is ordered by
competent authority, and who, when he is so entitled or ordered to be
discharged, is serving out of Pakistan, and requests to be sent to Pakistan,
shall, before being discharged, be sent to Pakistan with all convenient speed.
(2) Any person subject to this Act who is dismissed
from the service and who, when he is so dismissed is serving out
of Pakistan shall be sent to Pakistan with all convenient
speed.
(3) When any such person as is mentioned in
subsection (2) is sentenced to dismissal combined with any other punishment,
such other punishment, or in the case of a sentence of 1[Imprisonment
for life or for a shorter term] a portion of such sentence may be inflicted
before he is sent to Pakistan.
Explanation.____For
the purposes of this section, the word “discharge” shall include retirement or
release, and the word “dismissal” shall include removal.
CHAPTER IV.___ SUMMARY
REDUCTION AND PUNISHMENT OTHERWISE THAN BY SENTENCE OF COURT
MARTIAL.
21. Reduction of warrant officers and non‑commissioned
officers.___(1)
The 2[Chief
of the Army Staff] may reduce to a lower grade or class any warrant officer.
(2) The 2[Chief
of the Army Staff] or 3[an
officer having power to convene a district court martial or an officer not
below the rank of lieutenant-colonel empowered by the 2[Chief
of the Army Staff] in this behalf] may reduce to a lower grade or rank or to
1 Subs.
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 7, for
“transportation of imprisonment”.
2 Subs.
by F.A.O., 1975 Art. 2 and Sch., for “Commander-in-Chief”.
3Subs.
by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 4, for
original words.
the ranks any non-commissioned officer who may be
serving under his command.
22. Reversion of an acting non‑commissioned officer.
The commanding officer of an acting non‑commissioned officer may order him to
revert to his permanent grade as a non‑commissioned officer or, if he has no
permanent grade above the ranks, to the ranks.
23. Minor punishments.____(l)
The 1[Federal
Government] may, on the recommendation of the 2[Chief
of the Army Staff] prescribe the minor punishments to which persons subject to
this Act shall be liable without the intervention of court martial, and the
officer by whom, and the extent to which, such minor punishments may be
awarded.
(2) Detention, or rigorous imprisonment in military
custody, and, in the case of persons subject to this Act on active service, any
prescribed field punishment may be specified as minor punishments;
Provided that,---
(a) the term of such detention, rigorous
imprisonment or field punishment shall not exceed twenty‑eight days, and
(b) such detention, rigorous imprisonment or
field punishment shall not be awarded to any person who is of or above the rank
of noncommissioned officer, or who, when he committed the offence in respect
of which it is awarded, was of or above such rank.
1 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
2 Subs.
by the F.A.O., 1975 Art, 2 and Sch., for “Commander-in-Chief”.
CHAPTER V.___OFFENCES
24. Offences in relation to enemy and punishable
with death. Any person subject to this Act who commits any of the
following offences, that is to say,---
(a) shamefully abandons or delivers up any
garrison, fortress, airfield, place, post or guard committed to his charge or
which it is his duty to defend, or uses any means to compel or induce any
commanding officer or other person to do any of the said acts; or
(b) in the presence of any enemy, shamefully
casts away his arms, ammunition, tools or equipment, or misbehaves in such
manner as to show cowardice; or
(c) intentionally uses words or any other
means to compel or induce any person subject to this Act, 1*
* *2[or
to the Pakistan Air Force Act, 1953 (VI of 1953),] or to the 3[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)], to abstain from acting against the enemy or
to discourage such person from acting against the enemy; or
(d) directly or indirectly, treacherously
holds correspondence with, or communicates intelligence to, the enemy or who
coming to the knowledge of such correspondence or communication treacherously
omits to discover it to his commanding or other superior officer; or
(e) directly or indirectly assists or relieves
the enemy with arms, ammunition, equipment, supplies or money, or knowingly
harbours or protects an enemy not being a prisoner; or
1 Omitted
by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.
3, and Sch. 2.
2 Ins.
by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch.
(with effect from the 14th October, 1955).
3 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 5, for
“Pakistan Navy (Discipline) Act, 1934”.
(f) treacherously or through cowardice sends a
flag of truce to the enemy; or
(g) in time of war, or during any operation,
intentionally occasions a false alarm in action, camp, garrison or quarters or
spreads reports Calculated to create alarm or despondency; or
(h) in time of action, leaves his commanding
officer, or quits his post, guard, picquet patrol or party without being
regularly relieved or without leave; or
(i) having been made a prisoner of war,
voluntarily serves with or aids the enemy; or
(j) knowingly does when on active service any
act calculated to imperil the success of the Pakistan forces or any
forces co‑operating therewith or of any part of such forces;
shall on conviction by Court martial, be punished
with ‘death or with such less punishment as is in this Act mentioned.
25. Offences in relation to the enemy and not
punishable with death. Any person subject to this Act who, on active
service,---
(a) without orders from his superior officer
leaves ranks in order to secure prisoners, animals or materials, or on pretence
of taking wounded men to the rear; or
(b) without orders from his superior officer,
wilfully destroys or damages any property; or
(c) is taken prisoner for want of due
precaution or through disobedience of orders or wilful neglect of duty, or,
having been taken prisoner, fails to rejoin his service when able to do so; or
(d) without due authority, either holds
correspondence with, or communicates intelligence, or sends a flag of truce, to
the enemy; or
(e) by word of mouth, or in writing, or by
signals, or otherwise spreads reports calculated to create alarm or
despondency; or
(f) in action or previously to going into
action, uses words calculated to create alarm or despondency;
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to fourteen years, or
with such less punishment as is in this Act mentioned.
26. Disclosure of parole or watchword. Any person
subject to this Act who,---
(a) treacherously makes known the parole,
watchword or countersign to any person not entitled to receive it, or
(b) treacherously gives a parole, watchword or
countersign different from what he received,
shall, on conviction by Court martial,
if he commits the offence on active service, be
punished with death, or with such less punishment as is in this Act mentioned,
and
1[if
he commits such offence not on active service], be punished with rigorous
imprisonment for a term which may extend to five years, or with such less
punishment as is in this Act mentioned.
27. Offences against property or persons of
inhabitant of country where serving. Any person subject to this Act who,
on active service, commits any offence against the property or person of any
inhabitant of, or resident in, the country in which he is serving shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to fourteen years, or with such less punishment as is in this
Act mentioned.
1 Subs.
by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 5, for “if he
commits such offence on active service”.
28. Offences relating to sentries. Any person
subject to this Act who commits any of the following offences, that is to
say,---
(a) being a sentry, sleeps or is intoxicated
on his post or quits it without leave; or
(b) being a sentry, or on guard, plunders, or
wilfully destroys, or injures, any property placed under his charge or under
charge of his guard; or
(c) strickes, or force or attempts to force
any sentry or safeguard; or
(d) without orders from his superior officer,
leaves his guard, picquet, patrol or post;
shall, on conviction by court martial,
if he commits such offence on active service, be
punished with rigorous imprisonment which may extend to fourteen years or with
such less punishment as is in this Act mentioned; and
if he commits such offence not on active service,
be punished with rigorous imprisonment for a term which may extend to five
years or with such less punishment as is in this Act mentioned.
29. House breaking, false alarms, unauthorised
disclosures, punishable more severely on active service than at other times. Any
person subject to this Act who,---
(a) breaks into any house or other place in
search of plunder; or
(b) by any means whatever, intentionally
occasions a false alarm; or
(c) without due authority, either verbally or
in writing or by signals or otherwise discloses the number or position of any
of the Pakistan forces, or any part thereof, or any preparation for,
or orders relating to operations or movement of such forces;
shall, on conviction, by Court martial,
if he commits the offence on active service, be
punished with rigorous imprisonment for a term which may extend to fourteen
years, or with such less punishment as is in this Act mentioned, or
if he commits the offence not on active service, be
punished with rigorous imprisonment for a term which may extend to five years
or with such less punishment as is in this Act mentioned.
30. Other service offences. Any person subject
to this Act who,---
(a) by any means whatever, negligently
occasions a false alarm; or
(b) makes known the parole, watchword, or
countersign to any person not entitled to receive it, or, without good and
sufficient cause, gives a watchword, parole or countersign different from what
he received; or
(c) irregularly detains or appropriates to his
own unit or detachment any provisions or supplies proceeding to the forces,
contrary to orders issued in that respect;
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to three years or with
such less punishment as is in this Act mentioned.
31. Mutiny and insubordination. Any person
subject to this Act who commits any of the following offences, that is to
say,---
(a) begins, incites, causes, or conspires with
any other person to cause, or joins in, any mutiny in the military, naval or
air forces of Pakistan or any forces co‑operating therewith; or
(b) being present at any such mutiny, does not
use his utmost endeavours to suppress the same; or
(c) knowing or having reason to believe in the
existence of any such mutiny or any intention to commit such mutiny, or of any
such conspiracy, does not without reasonable delay give information thereof to
his commanding or other superior officer; or
(d) attempts to seduce any person in the
military, naval or air forces of Pakistan from his duty or his
allegiance to the Government of Pakistan;
shall, on conviction by Court martial, be punished
with death or with such less punishment as is in this Act mentioned.
32. Offences in relation to superior officers.___(1)
Any person subject to this Act who uses or attempts to use criminal force to,
or commits an assault on, his superior officer being in the execution of his
office, knowing or having reason to believe him to be such, shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to fourteen years, or with such less punishment as is in this
Act mentioned.
(2) Any person subject to this Act who commits any
of the following offences, that is to say,---
(a) uses or attempts to use criminal force to,
or commits an assault on, his superior officer, knowing or having reason to
believe him to be such; or
(b) is grossly insubordinate or insolent to
his superior officer, knowing or having reason to believe him to be such; or
(c) impedes a provost marshal or any person
lawfully acting on his behalf, or any member of the service police, or when
called upon, refuses to assist a provost marshal or any person lawfully acting
on his behalf or any member of the service police in the execution of his duty,
shall, on conviction by Court martial,
if he commits such offence on active service, be
punished with rigorous imprisonment for a term which may extend to fourteen
years, or with such less punishment as is in this Act mentioned; and
if he commits such offence not on active service,
be punished with rigorous imprisonment for a term which may extend to five
years, or with such less punishment as is in this Act mentioned.
Explanation.___For
the purposes of subsection (2), “provost marshal” shall be deemed to include a provost
marshal or any of his assistants appointed under 1*
* * the Pakistan Air Force Act, 1953 (VI of 1953), or the 2[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)], and “service police” shall be deemed to
include members of the Air Force or the Naval Police, being persons subject to
the aforesaid Acts.
33. Disobedience of lawful command.___(1)
Any person subject to this Act who disobeys in such a manner as to show a
wilful defiance of authority a lawful command given personally by his superior
officer, knowing or having reason to believe him to be such, shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to fourteen years, or with such less punishment as is in this
Act mentioned.
(2) Any person subject to this Act who disobeys the
lawful command of his superior officer, knowing or having reason to believe
him to be such, shall, on conviction by Court martial,
if he commits such offence on active service, be
punished with rigorous imprisonment for a term which may extend to fourteen
years, or with such less punishment as is in this Act mentioned; and
1 Omitted
by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.
3 and Sch. II.
2 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 5, for
“Pakistan Navy (Discipline) Act, 1934”.
if he commits such offence not on active service,
be punished with rigorous imprisonment for a term which may extend to five
years, or with such less punishment as is in this Act mentioned.
34. Neglect to obey orders.‑Any person subject to
this Act who neglects to obey any standing or routine or other orders shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to two years, or with such less punishment as is in this Act
mentioned.
35. Insubordination and obstruction. Any
person subject to this Act, who,---
(a) being concerned in any quarrel, affray or
disorder, refuses to obey any officer though of inferior rank, who orders him
into arrest, or uses criminal force to, or assaults any such officer; or
(b) uses criminal force to or assaults any
person, whether subject to this Act or not, in whose custody he is lawfully
placed, and whether he is or is not his superior officer; or
(c) resists an escort whose duty it is to
apprehend him or to have him in charge;
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to two years or with
such less punishment as is in this Act mentioned.
36. Desertion and aiding deserters.___ (1)
Any person subject to this Act who deserts or attempts to desert the service
shall, on conviction by Court martial.
if he commits the offence when on active service or
when under orders for active service, be punished with death, or such less
punishment as is in this Act mentioned; and
if he commits the offence under any other
circumstances, be punished 1[with
rigorous imprisonment for a term which may extend to five years] or with such
less punishment as is in this Act mentioned.
(2) Any person subject to this Act who knowingly
harbours any deserter from any of the military, naval or air forces of Pakistan shall,
on conviction by Court martial, be punished with rigorous imprisonment for a
term which may extend to seven years or with such less punishment as is in this
Act mentioned.
(3) any person subject to this Act who, being
cognizant of any desertion, or attempt at desertion, of any person belonging to
the military, naval or air forces of Pakistan, does not forthwith give notice
to his own or some other superior officer, or does not take any steps in his
power to cause such person to be apprehended, shall, on conviction by Court
martial, be punished with rigorous imprisonment for a term which may extend to
three years or with such less punishment as is in this Act mentioned.
37. Absence without leave. Any person
subject to this Act who,---
(a) absents himself without leave; or
(b) without sufficient cause overstays leave
granted to him; or
(c) being on leave of absence and having
received information from proper authority that the corps or unit or detachment
or portion of the corps unit or detachment to which he belongs, has been
ordered on active service, fails; without sufficient cause, to rejoin without
delay; or
(d) without sufficient cause fails to appear
at the time fixed, at the parade or place appointed for exercise or duty; or
1 Subs.
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 8.
(e) when on parade, or on the line of march,
without sufficient cause 1[or]
without leave from his superior officer, quits the parade or line of march; or
(f) when in camp or garrison or elsewhere, is
found beyond any limits fixed, or in any place prohibited, by any standing or
routine order without a pass or written leave from his superior officer; or
(g) without leave from his superior officer or
without sufficient cause, absents himself from any school or other institution
when duly ordered to attend there;
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to 2[three
years], or with such less punishment as is in this Act mentioned
38. Fraudulent enrolment. Any person subject
to this Act who,---
(a) without having obtained a regular
discharge from the corps or unit to which he belongs, or without having
otherwise fulfilled the conditions enabling him to enroll or enter, enrolls
himself in, or enters the same or any other corps or unit or any part of the
Pakistan Forces regular or non‑regular; or
(b) is concerned in the enrolment in any of
the Pakistan Forces, regular or non‑regular, of any person whom he knows or has
reason to believe to be so circumstanced that by enrolling he commits an
offence against this Act 3*
* * 4[or
the Pakistan Air Force Act, 1953 (VI of 1953),] or the 5[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)];
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to five years, or with
such less punishment as is in this Act mentioned.
1 Subs.
by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 6, for “and”.
2 Subs.
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 9, for five
years.
3 Omitted
by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981),
s. 3, and Sch., 2.
4 Ins.
by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3, and 2nd Sch.,
(with effect from the 14th October, 1965).
5 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 5, for
“Pakistan Navy (Discipline) Act, 1934”.
39. False answers on enrolment. Any person
having become subject to this Act by enrolment who is discovered to have made
at the time of his enrolment a wilfully false answer to any 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 shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to five years or with such less punishment as is in this Act
mentioned.
40. Fraudulent offence in respect of
property. Any person subject to this Act who commits any of the following
offences, that is to say,---
(a) dishonestly misappropriates or commits
theft of, or criminal breach of trust in respect of any property belonging to
the Government or any service property or the property of any person subject to
this Act, 1*
* * 2[or
the 3Pakistan
Air Force Act, 1953 (VI of 1953)] or to the Pakistan Navy Ordinance, 1961 (XXXV of 1961)], or of any person serving with or attached
to any of the armed forces of Pakistan; or
(b) dishonestly receives or retains any stolen
property of the nature specified in clause (a), knowing or having reason to
believe the same to be stolen; or
(c) is guilty of any other act or omission
with intent to defraud, or to cause wrongful gain or wrongful loss to any
person;
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to five years, or with
such less punishment as is in this Act mentioned.
1 Omitted
by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981),
s. 3 and Sch. 2.
2 Ins.
by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3. and 2nd Sch
(with effect from 14th October, 1955).
3 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 5, for
“ Pakistan Navy (Discipline) Act, 1934”.
41. Certain forms of disgraceful conduct. Any
person subject to this Act who commits any of the following offences this is to
say,---
(a) malingers or feigns or produces disease or
infirmity in himself, or intentionally delays his cure or aggravates his
disease or infirmity; or
(b) with intent to render himself or any other
person subject to this Act unfit for service, voluntarily causes hurt to
himself or such other person; or
(c) is guilty of any disgraceful conduct of a
cruel indecent or unnatural kind;
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to ten years or with
such less punishment as is in this Act mentioned.
42. Illegal gratification. Any person subject
to this Act who directly or indirectly accepts or obtains, or agrees to accept,
or attempts to obtain, from any person for himself or any other person, any
gratification whatever other than a legal remuneration, as a motive or reward
for doing or forbearing to do any act, or for showing favour or disfavour to
any person, in relation to any of the affairs of the State or of any service
affairs, shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to five years, or with such less
punishment as is in this Act mentioned.
43. Intoxication. Any person subject to this
Act who commits the following offence, that is to say, the offence of being in
a state of intoxication, shall, on conviction by Court martial,
if he commits such offence on active service or
while he is on duty, be punished with rigorous imprisonment for a term which
may extend to five years or with such less punishment as is in this Act
mentioned; and
1[if
he commits such offence while not on active service or not on duty be punished
with rigorous imprisonment for a term which may extend to three years or with
such less punishment as is in this Act mentioned.].
44. Offences in relation to persons in custody.____(1)
Any person subject to this Act who, without authority, wilfully releases any
prisoner or person placed in service custody, shall, on conviction by Court
martial, be punished with rigorous imprisonment for a term which may extend to
fourteen years, or with such less punishment as is in this Act mentioned.
2[(2)
Any person subject to this Act who commits any of the following offences, that
is to say,---
(a) negligently or without reasonable excuse
allows any prisoner or person placed in his charge to escape; or
(b) being in lawful custody escapes or
attempts to escape or leaves such custody before he is set at liberty by proper
authority;
shall, on conviction by court martial, be punished
with rigorous imprisonment for a term which may extend to two years or with such
less punishment as is in this Act mentioned.].
45. Loss of arms, etc. and destruction of property.
Any person subject to this Act who commits any of the following offences, that
is to say,---
(a) loses by neglect any arms, ammunition,
equipment, instruments, tools, clothing or any other thing being Government or
service property issued to him for his use or entrusted to him for his use or
entrusted to him for military purposes; or
1 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 3.
2 Subs.
ibid., s. 4.
(b) wilfully destroys or injures any
Government or service property;
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to two years or with
such less punishment as is in this Act mentioned.
46. False accusation. Any person subject to
this Act who commits any of the following offences, that is to say,---
(a) makes a false accusation against any
person subject to this Act, knowing or having reason to believe such accusation
to be false; or
(b) in making a complaint to his superior
officer makes any statement affecting the character of a person subject to this
Act knowing or having reason to believe such statement to be false, or in
making such complaint knowingly and wilfully suppresses any material fact;
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to two years, or with
such less punishment as is in this Act mentioned.
47. False documents. Any person subject to
this Act who commits any of the following offences, that is to say,---
(a) in any report, return, list certificate,
book or other service or official document made or signed by him, or of the
contents of which it is his duty to ascertain the accuracy,---
(i) knowingly makes or is privy to the making
of any false or fraudulent statement; or
(ii) knowingly makes or is privy to the making
of an omission with intent to defraud; or
(b) knowingly and with intent to injure any
person, or to defraud, suppresses, defaces, alters or makes away with, any
service or official document which it is his duty to preserve or produce; or
(c) when it is his official duty to make a declaration
respecting any service or official matter, knowingly makes a false declaration;
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to seven years, or with
such less punishment as is in this Act mentioned.
48. Signing in blank and failure to report. Any
person subject to this Act who,---
(a) when signing any document relating to pay,
arms, ammunition, equipment, clothing, supplies or stores1[or]
any other Government or service property, knowingly leaves in blank any
material part for which his signature is a voucher; or
(b) refuses, or by culpable neglect omits, to
make a report or return which it is his duty to make;
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to two years, or with
such less punishment as is in this Act mentioned.
49. Offences in relation to Courts martial. Any
person subject to this Act who commits any of the following offences, that is
to say,---
(a) refuses to be sworn or affirmed when duly
required by a Court martial to be sworn or affirmed; or
(b) refuses, when a witness, to answer any
question or to produce or deliver up any book, document or other thing when
duly required by a Court martial to answer such
1 Subs.
by the Pakistan Army (Amdt.) Act,. 1976 (51 of 1976), s. 10, for
“of”.
question, or to produce or deliver up such book,
document or other thing; or
(c) is guilty of contempt of Court martial, by
using insulting or threatening language, or by causing any interruption or
disturbance in the proceedings of such Court;
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to five years, or with
such less punishment as is in this Act mentioned.
50. False statement before Court martial. Any
person subject to this Act who, having been duly sworn or affirmed before any
Court martial or other military Court competent under this Act to administer an
oath or affirmation, makes any statement which is false and which he either
knows or believes to be false or does not believe to be true, shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to ten years, or with such less punishment as is in this Act
mentioned.
51. Irregular confinement. Any person subject
to this Act who,---
(1) without lawful excuse, detains a person in
arrest or confinement without bringing him to trial or fails to bring his case
before the proper authority for investigation; or
(2) having committed a person to custody,
fails without reasonable cause to deliver at the time of such committal, or as
soon as practicable, and in any case within twenty‑four hours thereafter, to
the officer or other person into whose custody the person arrested is committed,
an account in writing signed by himself of the offence with which the person so
committed is charged,
shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to two years or with
such less punishment as is in this Act mentioned.
52. Unbecoming behaviour. Any officer, junior
commissioned officer or warrant officer, who behaves in a manner unbecoming his
position and the character expected of him shall, on conviction by Court
martial, be liable to be dismissed from the service or to suffer such less
punishment as is in this Act mentioned.
53. Striking or ill‑treating person subject to the
Act. Any person subject to this Act who strikes or ill‑treats any person
subject to this Act being his subordinate in rank or position shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to five years or with such less punishment as is in this Act
mentioned.
54. Unlawful detention of pay. Any officer,
junior commissioned officer, warrant officer or non‑commissioned officer who,
having received the pay of a person subject to this Act, unlawfully detains or
refuses to pay the same, when due, shall, on conviction by Court martial, be
liable to be punished with rigorous imprisonment for a term which may extend to
seven years, or with such less punishment as is in this Act mentioned.
55. Violation of good order and discipline. Any
person subject to this Act who is guilty of any act, conduct, disorder or
neglect to the prejudice of good order any of military discipline shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term
which may extend to five years, or with such less punishment as is in this Act
mentioned.
56. Offences relating to aircraft. Any person
subject to this Act who,---
(a) voluntarily or negligently damages,.
destroys or loses any service aircraft or aircraft material; or
(b) is guilty of any act or omission likely to
cause such damage, destruction or loss; or
(c) without due authority disposes of any
service aircraft or aircraft material; or
(d) is guilty of any act or omission in flying
or in the use of any aircraft, or in relation to any aircraft, or aircraft
material which causes or is likely to cause loss of life or bodily injury to
any person; or
(e) during a state of war, voluntarily and
without proper occasion or negligently causes sequestration, by or under the
authority of a neutral State, or the destruction in a neutral State, of any
service aircraft;
shall, on conviction by Court martial, be punished,
if he has acted voluntarily, with rigorous
imprisonment for a term which may extend to fourteen years or with such less
punishment as is in this Act mentioned; and
if he has not acted voluntarily, with rigorous
imprisonment for a term which may extend to five years or with such less
punishment as in this Act mentioned.
1[Explanation.___In
this section, “aircraft” includes aeroplanes, balloons, kite balloons,
airships, gliders or other machines for flying and “aircraft material” includes
any engines, fittings, guns, gear, instruments or apparatus for use in
connection with aircraft, and components and accessories of aircraft, and
petrol or any other substance used for providing motive power for aircraft, and
lubricating oil.]
57. Attempt. Any person subject to this Act
who attempts to commit any offence before in this Act specified and in such
attempt does any act towards the commission of the offence shall, on conviction
by Court martial, where no express provision is made by this Act for the
punishment of such attempt, be punished,
1 Explanation
added by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 7.
if the offence attempted to be committed is
punishable with death, with rigorous imprisonment for a term which may extend
to fourteen years or with such less punishment as is in this Act mentioned, and
if the offence attempted to be committed is
punishable with rigorous imprisonment, with rigorous imprisonment for a term
which may extend to one half of the longest term provided for that offence, or
with such less punishment as is in this Act mentioned.
58. Abetment. Any person subject to this Act who
abets the commission of any offence before in this Act specified, or of any
offence punishable under 1*
* * the Pakistan Air Force Act, 1953 (VI of 1953), or the 2[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)], such offence being of the same nature as an
offence before in this Act specified, shall, on conviction by Court martial be
punished with the punishment provided for such offence in this Act (XIV of
1932) 1*
* * 3[or
the Pakistan Air Force Act, 1953 (VI of 1953),] or in the 2[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)], as the case may be, or with such less
punishment as in this Act mentioned.
59. Civil offences.___(1)
Subject to the provisions of subsection (2), any person subject to this Act who
at any place in or beyond Pakistan commits any civil offence shall be deemed to
be guilty of an offence against this Act and, if charged therewith under this
section, shall be liable to be 4[dealt
with under this Act],
1 Omitted
by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.
3, and 2nd Sch.
2 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), ss. 5 and
6, for “Pakistan Navy (Discipline) Act, 1934”.
3 Ins.
by the Central Laws (Statute Reform) Ordinance 1960 (21 of 1960), s. 3, and 2nd Sch.,
(with effect from 14th October, 1955).
4 Subs.
by Ordinance, 1965 (40 of 1965), s. 6, for “tried by court material”.
and, on conviction, to be punished as follows, that
is to say,---
(a) if the offence is one which would be
punishable under any law in force in Pakistan with death or with1[imprisonment
for life], he shall be liable to suffer any punishment 2*
* * assigned for the offence by the aforesaid law or such less punishment as is
in this Act mentioned; and
(b) in any other case, he shall be liable to
suffer any punishment 2*
* * assigned for the offence by the law in force in Pakistan, or 1*
rigorous imprisonment for a term which may extend to five years or 1*
such less punishment as is in this Act mentioned [:]2
2[Provided
that, where the offence of which any such person is found guilty is an offence
liable to hadd under any Islamic law, the sentence awarded to him
shall be that provided for the offence in that law.
(2) A person subject to this Act who commits an
offence of murder against a person not subject to this Act 3*
* *4[or
the Pakistan Air Force Act, 1953 (VI of 1953)], or to the 5[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)], or of culpable homicide not amounting to
murder against such a person or of 2[Zina
or Zina-bil-Jabr] in relation to such a person, shall not be deemed to be
guilty of an offence against this Act and shall not be 6[dealt
with under this Act] unless he commits any of the said offences,---
(a) while on active service, or
(b) at any place outside Pakistan, or
1 Subs.
and omitted by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s.
11.
2 Omitted,
subs. and added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of
1984), s. 5.
3 Omitted
by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.
3, and 2nd Sch.
4 Ins.
by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3, and 2nd Sch.
(with effect from the 14th the October, 1955).
5Subs.
by the Pakistan Army (Amdt.) Ordinance 1965 (40 of 1965), ss. 5 and
6, for “Pakistan Navy (Discipline) Act, 1934”.
6 Subs.
ibid., s.6, for “tried by Court martial”.
(c) at a frontier post specified by the
Central Government by notification in this behalf.
(3) The powers of a Court martial 2[or
an officer exercising authority under section 23] to charge and punish any
person under this section shall not be affected by reason of the fact that the
civil offence with which such person is charged is also an offence against this
Act.
3[(4)
Notwithstanding anything contained in this Act or in any other law for the time
being in force a person who becomes subject to this Act by reason of his being
accused of an offence mentioned in clause (d) of sub-section (1) of section 2
shall be liable to be tried or otherwise dealt with under this Act for such
offence as if the offence were an offence against this Act and were committed
at a time when such person was subject to this Act; and the provisions of this
section shall have effect accordingly].
CHAPTER VI.___PUNISHMENTS
60. Punishments. Punishments may be inflicted
in respect of offences committed by persons subject to this Act and convicted
by Courts martial according to the scale following, that is to say,---
4[(a) stoning
to death;
(aa) death;
(aaa) amputation of hand, foot or both;]
5[(b) Imprisonment
for life;]
1 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
2Ins.
by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 6.
3 Added
by the Defence Services Laws (Second Amendment) Ordinance, 1967 (4 of 1967), s.
2.
4 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984) s. 6.
5Subs.
by the Pakistan Army (Amdt.) Act, 1976, (51 of 1976), s. 12.
1[(cc) whipping
not exceeding one hundred strips;];
(d) dismissal from the service;
(e) in the case of persons other than
officers, junior commissioned officers, or warrant officers detention for a
period not exceeding six months;
(f ) in the case of warrant officers,
reduction in grade or class; and in the case of non‑commissioned officers,
reduction to the ranks or to a lower rank;
(g) in the case of officers, junior
commissioned officers, warrant officers and non‑commissioned officers,
forfeiture of seniority of rank; or, in the case of any of the aforesaid whose
promotion depends upon length of service, forfeiture of all or any part of the
service for the purposes of promotion;
(h) forfeiture of service for the purposes of
increased pay, or any other prescribed purpose;
(i) in the case of officers, junior
commissioned officers, warrant officers and non‑commissioned officers, severe
reprimand or reprimand;
(j) forfeiture, fines and stoppages as
follows, namely:___
(i) in the case of a person sentenced to
dismissal from the service, forfeiture of all arrears of pay and allowances and
other public money due to him at the time of such dismissal;
1 Subs.
Omitted and Ins. by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of
1984), s. 6.
(ii) fine;
1[(iii) stoppages
of pay and allowances to make good the whole or any part of the proved loss or
damage occasioned by the offence of which he is convicted;]
(iv) for an offence committed on active
service, forfeiture of pay and allowances for a period commencing on the day of
the sentence and not exceeding three months [;]1
1[(k) any
other punishment provided for in any Islamic law;] 2[and
any other law for the time being in force]
Provided that,
1[(1)
a person shall not be sentenced to imprisonment for life except in respect of
an offence of which he is convicted under section 24 or sectin 31 or
sub-section (1) of section 36 or section 59; nor shall a person be fined except
in respect of an offence of which he is convicted under section 40 or section
42 or section 55 or section 59; ]
(2) Where in respect of an offence under this Act
there is specified a particular punishment or such less punishment as is in
this Act mentioned, there may be awarded in respect of that offence instead of
such particular punishment, but subject to the other provisions of this Act and
regard being had to the nature and degree of the offence, any one punishment
lower in the scale than the particular punishment,1[except
an offence liable to hadd under any Islamic law, for which the
punishment provided for in that law shall be awarded;]
1 Sub.
Ins. and added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of
1984), s. 6.
2Added
by Act II of 2015,s.3.
(3) an offender under this Act shall not be subject
to detention for more than six months whether under one or more sentences 1[;
and]
1[(4)
a person shall not be sentenced to stoning to death, amputation of hand, foot
or both, whipping or simple imprisonment except in respect of an offence of
which he is convicted under an Islamic law.
Explanation.___While
computing a sentence under an Islamic law, “imprisonment for life” shall have
the same meaning as in such law.].
61. Field punishment. ___(1)
Where any person subject to this Act, being below the rank of warrant officer,
commits any offence on active service, it shall be lawful for a Court martial
to award for that offence any such punishment, other than flogging, as may be
prescribed as a field punishment. Field punishment shall be of the character of
personal restraint or of hard labour but shall not be of a nature to cause
injury to life or limb.
(2) Field punishment shall, for the purpose of
commutation, be deemed to stand next below detention.
62. Special provisions regarding sentences.___(1)
Where an officer, junior commissioned officer or warrant officer is sentenced
to 2[stoning
to death,] death, 3[Imprisonment
for life] or 2*
imprisonment, the court shall, by its sentence, sentence such officer, junior
commissioned officer, or warrant officer to be dismissed from the service.
1 Subs.
ins added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984,
s. 6.
2 Ins.
and omitted ibid, s. 7.
3 Subs.
by Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 13.
(2) A person subject to this Act, being below the
rank of warrant officer who is sentenced to 1[Imprisonment
for life] 2[or
to imprisonment to be undergone otherwise than in military custody] may, in
addition thereto, be sentenced to be dismissed from the service.
(3) An officer, junior commissioned officer,
warrant officer or noncommissioned officer, when sentenced to forfeiture of
seniority of rank or service for the purposes of promotion or to forfeiture of
service for the purposes of increased pay, or any other prescribed purposes,
may, in addition thereto be sentenced by Court martial to be severely
reprimanded or reprimanded.
(4) In addition to, or without any other
punishment, in respect of any offence, an offender may be sentenced by Court
martial to any forfeiture, fine or stoppages authorised by this Act.
(5) A non‑commissioned officer sentenced by Court
martial to 3[
amputation of hand or foot or both,]1[Imprisonment
for life], 4*
imprisonment, detention, field punishment or dismissal from the service shall
be deemed to be reduced to the ranks.
5[(6)
A person subject to this Act who is sentenced to amputation of hand or foot or
both or whipping, may, in addition thereto, be sentenced to be dismissed from
the service.]
63. Retention in the ranks of person convicted on
active service. When, on active service, any person enrolled under this
Act has been sentenced by Court martial to dismissal from the service or
to 1[imprisonment
for life] or 4*
imprisonment whether combined with dismissal or not, the prescribed officer may
direct that such person may be retained to serve in the ranks, and where such
person has been sentenced to 1[Imprisonment
for life] or 4*
imprisonment, such service shall be reckoned as part of his term or 1[Imprisonment
for life] or 4*
imprisonment.
1 Subs.
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 13.
2 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 7.
3 Ins.
ibid.
4 Omitted
ibid.
5 Added.
Ibid., s. 8.
CHAPTER VII.__PENAL
DEDUCTIONS
64. Authorised deductions only to be made from
pay. The pay 1[and
allowances] of an officer, junior commissioned officer, warrant officer, or of
any person enrolled under this Act shall be paid without any deductions other
than deductions authorised by or under this Act or any other law for the time
being in force.
65. Deductions from pay and allowances.____(1)
The following penal deductions may be made from the 2[pay
and allowances of an officer], that is to say,---
(a) all pay and allowances for every day he
absents himself without leave, unless a satisfactory explanation has been given
to his commanding officer or other superior officer and has been accepted by
the3[Federal
Government];
(b) all pay and allowances for every day while
he is in custody or under suspension from duty on a charge for an offence of
which he is afterwards convicted by a Criminal Court or a Court martial or by
an officer exercising authority under section 23;
(c) any sum required to make good the pay of
any person subject to this Act which he has unlawfully retained or unlawfully
refused to pay;
(d) all pay and allowances ordered by a Court
martial or by an officer exercising authority under section 23 to be forfeited
or stopped;
(e) any sum required to pay a fine awarded by
a Criminal Court or a Court martial exercising jurisdiction under section 59;
(f) any sum required to make good any loss,
damage or destruction of any public or
1 Ins.
by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 8.
2 Subs.
ibid., s. 9, for “pay of an officer”.
3 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
service property which, after due investigation,
appears to the 1[Federal
Government] to have been occasioned by any wrongful act or negligence on the
part of the officer;
(g) all pay and allowances forfeited by order
of the 1[Federal
Government] if the officer is found by a Court of inquiry constituted in the
behalf by the 2[Chief
of the Army staff] to have deserted to the enemy, or while in enemy hands, to
have served with or under the orders of, the enemy, or in any manner to have
aided the enemy, or to have allowed himself to be taken prisoner by the enemy through
want of due precaution or through disobedience of orders or wilful neglect of
duty, or having been taken prisoner by the enemy to have failed to rejoin his
service when it was possible to do so;
(h) any sum which a criminal court or
the 1[Federal
Government] orders him to pay for the maintenance of his wife or his child,
legitimate or illegitimate.
(2) The following penal deductions may be made from
the pay and allowances of a person subject to this Act other than an officer,
that is to say,---
(a) all pay and allowances for every day of
absence without leave or as a prisoner of war, aNd for every day of 3*
imprisonment or detention awarded by a Criminal Court, a Court martial, or an
officer exercising authority under section 23 or of field punishment awarded by
Court martial, or such officer;
1 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3., for
“Central Government”.
2 Subs.
by F.A.O., 1975 Art. 2 and Sch., for “Commander-in-chief”.
3 Omitted
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 15.
(b) all pay and allowances for every day while
he is in custody or under suspension from duty on a charge for an offence of
which he is afterwards convicted by a criminal court or a court martial, or on
a charge of absence without leave for which he is afterwards awarded
imprisonment, detention or field punishment by an officer exercising authority
under section 23;
(c) all pay and allowances for every day on
which he is in hospital on account of sickness certified by the medical officer
attending on him to have been caused by an offence under this Act committed by
him;
(d) for every day on which he is in hospital
on account of sickness certified by the medical officer attending on him to
have been caused by his own misconduct or imprudence, such sum as may be specified
by order of the 1[Federal
Government] or of the prescribed officer;
(e) all pay and allowances ordered by a Court
martial or by an officer exercising authority under section 23 to be forfeited
or stopped;
(f) all pay and allowances for every day
between his being recovered from the enemy and his dismissal from the service
in consequence of his conduct when being taken prisoner by, or while in the
bands of, the enemy;
(g) any sum required to make good such
compensation for any expense, loss, damage or destruction caused by him to
the 1[Federal
Government] or to any building or property as may be awarded by his commanding
officer;
1 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
(h) any sum required to pay a fine awarded by
a Criminal Court, a Court martial exercising jurisdiction under section 59 or
an officer exercising authority under section 23;
(i) any sum which a Criminal Court, the 1[Federal
Government] or any prescribed officer orders him to pay for the maintenance of
his wife or his child, legitimate or illegitimate:
Provided that the total deductions from the pay and
allowances of a person under clauses (e), (g), (h) or (i) shall not, except
where he is sentenced to dismissal, exceed in any one month one half of his pay
and allowances for that month.
Explanation.___For
the purposes of clauses (a) and (b):---
(i) no person shall be treated as absent or in
custody unless the absence or custody has lasted for six hours or upwards
(except where the absence or custody prevents the absentee from fulfilling any
military duty which is thereby thrown on some other person);
(ii) absence or custody for six consecutive
hours or upwards, whether wholly in one day or partly in one day and partly in
another may be reckoned as absence or custody for a day;
(iii) absence or custody for twenty‑four
consecutive hours or upward may be reckoned as absence or custody for the
whole of each day during any portion of which the person was absent or in
custody;
(iv) for the purposes of this explanation
“custody” includes custody on a charge
1 Subs.
by the Pakistan Army (Amdt.) 1973 (51 of 1973), s. 3, for “Central
Government”.
for an offence of which a person is afterwards
convicted, and any period in custody of any nature, under a sentence of 1*
rigorous imprisonment, detention or field punishment.
66. Pay and allowances during trial. In the
case of a person subject to this Act who is in custody or under suspension from
duty on a Charge for an offence, the prescribed officer may direct that the
whole or any part of the pay and allowances of such person shall be withheld,
pending the result of his trial, on the charge against him, in order to give
effect to the provisions of clause (b) of subsection (1) or subsection (2) of
section 65.
67. Deduction from public money due other than pay.
Any sum authorised by this Act to be deducted from the pay and allowances of
any person may, without prejudice to any other mode of recovering the same, be
deducted from any public money due to him other than a pension.
68. Power to withhold pay and allowances pending
enquiry into conduct as prisoner of war. Where the conduct of any person
subject to this Act, when being taken prisoner by or whilst in the hands of the
enemy, is to be inquired into under this Act or any other law for the time being
in force, the 2[Chief
of the Army Staff] or any officer empowered by him in this behalf may order
that the whole or any part of the pay and allowances of such person shall be
withheld pending the result of such inquiry.
69. Remission of deductions. Any deduction
from pay and allowances authorised by this Act may be remitted in such manner,
to such extent and by such authority as may be prescribed.
70. Provision for dependants of prisoner of war
from remitted deductions. In the case of a person subject to this Act
being prisoner of war, whose pay and allowances have been forfeited under
clause (g) of subsection (1) or clause (a) of subsection (2) of section 65 but
in respect of whom a remission has been made under
1 Omitted
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 15, for
“transportation”.
2 Subs.
by F.A.O., 1975 Art, 2 and Sch., for “Commander-in-Chief”.
section 69 it shall be lawful for proper provision
to be made by the prescribed, authority out of such pay and allowances for any
dependants of such a person and any such remission shall in that case be
deemed to apply only to the balance thereafter remaining of such pay and
allowances.
71. General power to make provision for dependants. In
the case of a person subject to this Act, it shall be lawful, for proper
provision to be made by the prescribed authority for any dependants of any such
person who is a prisoner of war or missing out of his pay and allowances.
72. Period during which a person is deemed to be a
prisoner of war. For the purposes of sections 70 and 71 a person shall be
deemed to continue to be a prisoner of war until the conclusion of any inquiry
into his conduct such as is referred to in section 68 and if he is dismissed
from the service in consequence of such conduct, until the date of dismissal.
CHAPTER VIII.___ARREST
AND PROCEEDINGS BEFORE TRIAL.
73. Custody of offenders.___ (1)
Any person subject to this Act who is charged with any offence may be taken
into military custody.
(2) Any such person may be ordered into military
custody by any superior officer, or except in the case of a person subject to
this Act as an officer, by any member of the military, naval or air force
police.
(3) An officer may order into military custody any
officer, though he may be of a higher rank, who is engaged in a quarrel, affray
or disorder.
74. Duty of commanding officer in regard to person
in custody. Every commanding officer shall take care that a person under
his command when charged with an offence is not detained in custody for more
then forty‑eight hours after the committal of such person into custody is
reported to him, without the charge being investigated, unless investigation
within that period seems to him to be impracticable having due regard to the
public service. Every case of a person detained in custody beyond a period of
forty‑eight hours and the reason therefor shall be reported by the commanding
officer to the officer, to whom application is to be made to convene a general
or District Court martial for the trial of the person charged,---
Provided that in reckoning the period of forty‑eight
hours all public holidays shall be excluded.
75. Interval between committal and Court martial.
In every case where any such person as is mentioned in section 73 and as is not
on active service remains in custody for a longer period than eight days,
without a Court martial for his trial being ordered to assemble, a special
report giving reasons for the delay shall be made by his commanding officer in
the manner prescribed and a similar report shall be forwarded at intervals of
eight days until a Court martial is assembled or such person is released from
custody.
76. Arrest by civil authorities. Whenever any
person subject to this Act, who is accused of any offence under this Act, is
within the jurisdiction of any magistrate or police officer, such magistrate
or public officer shall aid in the apprehension and delivery to military
custody of such person upon receipt of a written application to that effect
signed by that person’s commanding officer.
77. Capture of deserters.___(1)
Whenever any person subject to this Act deserts, his commanding officer shall
give written information of the desertion to such civil authorities as in his
opinion may be able to afford assistance towards the capture of the deserter.
Such authorities shall thereupon take steps for the apprehension of the said
deserter in like manner as if he were a person for whose apprehension a warrant
had been issued by a magistrate, and shall deliver to deserter, when apprehended,
into military custody.
(2) It shall be lawful for any police officer to
arrest without warrant any person whom he reasonably believes to be subject to
this Act, and to be a deserter or absentee without leave, and to bring him
without delay before the nearest magistrate, to be dealt with according to law.
78. Inquiry into absence of person subject to the
Act.____(1)
When any person subject to this Act has been absent from his duty without due
authority for a period of 1[thirty
days] a Court of inquiry shall, as soon as practicable, be assembled and such
Court shall, upon oath or affirmation administered in the prescribed manner,
inquire respecting the absence of the person, and the deficiency, if any, in
the property of 2[Federal
Government] entrusted to his care, or in his arms, ammunition, equipment,
instruments, clothing or necessaries; and, if satisfied of the fact of such
absence without due authority or other sufficient cause, the Court shall
declare such absence and the period thereof and the said deficiency, if any,
and the commanding officer of the corps or unit to which the person belongs
shall enter in the Court martial book of the corps or unit a record of the
declaration.
(2) If the person declared absent does not
afterwards surrender, or is not apprehended, he shall, for the purposes of this
Act, be deemed to be a deserter.
3[(3)
Notwithstanding anything contained in sub-section (1), a person who, after
enrolment, fails to report to the corps or unit to which he is required to
report within thirty days of the date on which he was required to so report,
the commanding officer of the corps or unit shall declare such failure and enter
in the court martial book of the corps or unit, as the case may be, a record of
the declaration; and if the person in respect of whom such declaration has been
made does not afterwards surrencder,
1 Subs.
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 16, for
“sixty days”.
2 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
3 Added
by Act 51 of 1976, s. 16.
or is not apprehended, he shall, for the purposes
of this Act, be deemed to be a deserter.].
1[78A.
Inquiry into any other marshals. A court of inquiry may also be assembled
in the prescribed manner to inquire into any matter which may be referred to
it.]
Provost Marshals
79. Appointment, duties and powers of provost
marshals.___(1)
For the prompt and instant repression of irregularities and offences committed,
provost marshals with assistants may be appointed by the 2[Chief
of the Army Staff] or by any prescribed officer.
(2) the duties of a provost marshal so appointed
shall be to take charge of persons confined for any offence, to preserve good
order and discipline, and to prevent breaches of the same by persons subject to
this Act.
(3) A provost marshal may at any time arrest and
detain for trial any person subject to this Act who commits, or is charged with
an offence, and may also carry into effect any punishment to be inflicted in
pursuance of a sentence awarded by a Court martial, or by an officer exercising
authority under section 23 but shall not inflict any punishment on his own
authority :
Provided that no officer shall be so arrested or
detained otherwise than by or under the orders of an officer.
(4) For the purposes of subsections (2) and (3)
“provost marshal” shall be deemed to include an assistant provost marshal
appointed under this Act, or a provost marshal or any of his assistants
appointed under 3*
* * [ 4*
the Pakistan Air Force Act, 1953 (VI of 1953)] or the 5[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)].
1 New
section 78A ins. by the Pakistan Army (Amdt.) Ordinance, 1965 (15 of
1965), s, 3.
2 Subs.
by F.A.O., 1975 Art 2 and Sch.
3 Omitted
by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.
3 and Sch-II.
4 Ins.
by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch.
(with effect from the 14th October 1955).
5 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 7,
for Pakistan Navy (Discipline) Act, 1934.
CHAPTER IX.___COURTS
MARTIAL
Constitution, Jurisdiction and Powers of Courts
Martial.
80. Kinds of Courts Martial. For the purposes
of this Act, there shall be four kinds of Courts martial, that is to say,---
(1) general Courts martial;
(2) district Courts martial;
(3) field general Courts martial; and
(4) summary Courts martial.
81. Power to convene general Courts martial. A
general Court martial may be convened by the 1[Chief
of the Army Staff] or by an officer empowered in this behalf by warrant of
the 1[Chief
of the Army Staff].
82. Power to convene district Courts martial. A
district Court martial may be convened by an authority having power to convene
a general Court martial or by an officer empowered in this behalf by a warrant
of any such authority.
83. Limitation of powers of convening
authorities. A warrant issued under section 81 or section 82 may contain
such restrictions, reservations or conditions as the authority issuing it may
think fit.
84. Power to convene field general Court
martial. The following authorities shall have power to convene a field
general Court martial, namely:---
(a) an officer empowered in this behalf by an
order of the 2[Federal
Government] or of the 1[Chief
of the Army Staff].
(b) on active service, an officer commanding a
portion of the Pakistan Army, not below the rank of brigadier, if in the
opinion of such officer commanding, such opinion
1 Subs.
by F.A.O., 1975 Art. 2 and Sch., for “Commander-in-Chief”.
2 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
to be recorded in writing and to be conclusive, it
is not practicable with due regard to discipline and the exigencies of the
service to try the alleged offender by a general Court martial,
85. Composition of general Court martial. A
general Court martial shall consist of not less than five officers each of whom
has held a commission for not less than three whole years and of whom not less
than four are of a rank not below that of captain.
86. Composition of district Court martial. A
district Court martial shall consist of not less than three officers each of
whom has held a commission for a continuous period of not less than two years.
87. Composition of field general Court
martial. A field general Court martial shall consist of not less than
three officers.
88. Summary Courts martial.___(1)
A summary Court martial may be held by the commanding officer of any corps of
unit or any detachment thereof.
(2) At every summary Court martial, the officer
holding the trial shall alone constitute the Court, but the proceedings shall
be attended throughout by two officers, or two junior Commissioned officers, or
one officer and one junior commissioned officer, who shall not as such be sworn
or affirmed.
1[(3)
In the trial of an accused who is a Muslim for an offence punishable under an
Islamic law, the officer holding the trial, and the officers and junior
commissioned officers attending the trial under sub-section (2), shall all be
Muslims; and, where the commanding officer is a non-Muslim, a Muslim officer
shall be appointed by the formation commander for holding the trial].
89. Dissolution of Courts martial.___(1)
If a Court martial after the commencement of a trial is reduced below the
smallest number of officers of which it is by this Act required to consist, it
shall be dissolved.
1 Added
by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 9.
(2) If, on account of the illness 1 *
* * of the accused before the finding, it is impossible to continue the trial,
the Court martial shall be dissolved.
(3) The officer who convened a Court martial may
dissolve such Court martial if it appears to him that the exigencies of the
service or the necessities of discipline render it impossible or inexpedient to
continue the trial.
(4) Where a Court martial is dissolved under this
section, the accused may be tried by a fresh Court martial.
90. Prohibition of second trial. Where any
person subject to this Act has been acquitted or convicted of an offence by a
Court martial or by a criminal Court or has been summarily dealt with for an
offence under section 23, he shall not be liable to be tried again for the same
offence by a Court martial or be dealt with summarily in respect of it under
the said section [ : ]2
3[
Provided that this section shall not apply in a case in which the finding or
sentence of the court martial has not been confirmed or the proceedings have
been annulled under section 132.].
91. Period of limitation for trial.___(1)
No trial by Court martial of any person subject to this Act for any offence,
other than an offence of desertion or fraudulent enrolment or any of the offences
mentioned in 3[section
31 or section 40 or section 59], shall be commenced after the expiration of
three years from the date of such offence, and no such trial for an offence of
desertion, other than desertion on active service or of fraudulent enrolment
shall be commenced if the person in question, not being an officer, has
subsequently to the
1 Omitted
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 17.
2 Subs.
and added by the Pakistan Army (Amdt.) Ordinance, 1983 (39 of 1983),
s. 2.
3 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 10, for
“Section 31 (or section 40). The words in crotechets were ins. by
the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 10, to read as
above.
commission of the offence, served continuously in
an exemplary manner for not less than three years with any portion of
the Pakistan regular forces.
(2) In the computation of the period of three years
specified in subsection (1) any time spent by the person in question as a
prisoner of war, or in evading arrest; shall be excluded.
92. Liability of offender who ceases to be subject
to Act.___(1)
Where an offence has been committed by any person while subject to this Act,
and he has ceased to be so subject, he may be taken into and kept in military
custody and tried and punished for such offence as if he had continued to be so
subject.
(2) No such person shall be tried for an offence,
unless his trial commences within six months after he had ceased to be subject
to this Act:---
Provided that nothing contained in this subsection
shall apply to the trial of any such person for an offence or desertion, fraudulent
enrolment or for any of the offences mentioned in section 31 1[or
section 40] or shall affect the jurisdiction of a criminal Court to try any offence
triable by such Court as well as by Court martial.
93. Place of trial.__ Any
person subject to this Act who commits any offence against it may be tried and
punished for such offence in any place whatever.
94. Order in case of concurrent jurisdiction of
Court martial and Criminal Court. When a Criminal Court and a Court
martial have each jurisdiction in respect of a civil offence, it shall be in
the discretion of the prescribed officer to decide before which Court the
proceedings shall be instituted and, if that officer decides that they shall be
instituted before a Court martial, to direct that the accused person shall be
detained in military custody.
95. Power of Criminal Court to require delivery of
offender.- (1) When a Criminal Court having jurisdiction is of the opinion that
proceedings ought to be instituted before itself in respect of any civil
offence,
1 Ins.
by the Army (Amdt.) Ordinance, 1976 (51 of 1976), s. 18.
it may, by written notice, require the prescribed
officer, at his option, either to deliver over the offender to the nearest
Magistrate to be proceeded against according to law, or to postpone
proceedings pending a reference to the 1[Federal
Government].
(2) In every such case, the said officer shall
either deliver over the offender in compliance with the requisition or shall
forthwith refer the question as to the Court before which the proceedings are
to be instituted for the determination of the 1[Federal
Government], whose order upon such reference shall be final.
2[96.
Trial by Court martial, bar to subsequent trial by Criminal Court. Where a
person subject to this Act is acquitted or convicted of an offence by a court
martial, a criminal court shall be debarred from trying him subsequently for the
same offence or on the same facts.]
3[96A.
Definition of court martial. For the purposes of sections 94 and 96, the
term “court martial” shall include an officer exercising authority under
section 23.]
97. Powers of general and field general Court
martial. A general or field general Court martial shall have power to try
any person subject to this Act for any offence made punishable therein, and to
pass any sentence authorised by this Act.
98. Power of district Court martial. A
district Court martial shall have power to try any person subject to this Act,
except an officer, junior commissioned officer or warrant officer, for any
offence made punishable therein, and to pass any sentence authorised by this
Act other than a sentence of 4[stoning
to death or death or amputation of hand, foot or both or imprisonment for a
term exceeding two years or whipping exceeding forty stripes].
1 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
2 Subs.
by the Pakistan Army (Amdt.) Act, 1966 (6 of 1966), s. 2, "for
original section 96".
3 New
section 96A ins. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of
1965), s. 8.
4 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 11.
99. Offences triable by summary Court
martial. A summary Court martial may try any offence punishable under any
of the provisions of this Act 1[other
than an offence liable to hadd under any Islamic law]:---
Provided that when there is no grave reason for
immediate action and reference can without detriment to discipline be made to
the officer empowered to convene a district Court martial, or on active service
a field general Court martial, for the trial of the alleged offender, an
officer holding a summary Court martial shall not try without such reference
any of the following offences, namely:---
(a) any offence punishable under sections 24,
31 and 59; or
(b) any offence against the officer holding
the Court.
100. Persons triable by summary Court
martial. A summary Court martial may try any person subject to this Act
and under the command of the officer holding the Court, except an officer,
junior commissioned officer or warrant officer.
101. Sentence awardable by summary Court martial. A
summary Court martial may pass any sentence which may be passed under this Act,
except a sentence of 2[stoning
death or death or amputation of hand, foot or both or imprisonment for a term
exceeding one year or whipping exceeding twenty stripes]:---
Provided that if the officer holding the summary
Court martial is below the rank of 3[Major],
he shall not award2[whipping
or] imprisonment for a term exceeding three months.
102. President. The President of a general,
district or field general Court martial shall be appointed by order of the
authority convening the Court.
1 Ins.
by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 12.
2 Subs.
ibid., s. 13.
3 Subs.
by the Pakistan Army (Amdt.) Act, 1963 (9 of 1963), s. 3, for
“Lieutenant-Colonel”.
[102A. Religion of confirming officer, president,
judge advocate and members of general, district or field general court
martial. In the trial, by a general, district or field general court
martial, of an accused who is a Muslim for an offence punishable under an
Islamic law, the confirming officer, the president, the judge advocate and the
members shall be Muslims].
103. Judge Advocate. Every general Court
martial shall, and every district or field general Court martial may, be
attended by a judge advocate, who shall be an officer belonging to the
department of the Judge Advocate‑General, Pakistan Army or, if no such officer
is available, a person appointed by the convening officer.
104. Challenges.___(1)
At all trials by general, district or field general Court martial, as soon as
the Court is assembled, the names of the president and members shall be read
over to the accused, who shall thereupon be asked whether he objects to being
tried by any officer sitting on the Court.
(2) If the accused objects to such officer, his
objection and also the reply thereto of the officer objected to, shall be heard
and recorded, and the remaining officers of the Court shall, decide on the
objection in the absence of the challenged officer.
(3) If the objection is allowed by one half or more
of the votes of the officers entitled to vote, the objection shall be allowed
and the member objected to shall retire and his vacancy may be filled in the
prescribed manner by another officer subject to the right of the accused to
object.
(4) When no challenge is made, or when challenge
has been made and disallowed or the place of every officer successfully
challenged has been filled by another officer to whom no objection is made or
allowed, the Court shall proceed with the trial.
1 Ins.
by the Pakistan Army (Amdt.) Ordinance, 1984, (36 of 1984.), s. 14.
105. Voting of members.___(1)
Every decision of a Court martial shall be passed by an absolute majority of
votes; and where there is an equality of votes, as to either finding or
sentence, the decision shall be in favour of the accused:---
Provided that no sentence of death shall be passed
without the concurrence, in the case of a general Court martial of at least
two‑thirds of the members and, in the case of a field general Court martial of
all the members, of the Court [ : ]1
1[Provided
further that, where the offence of which an accused is found guilty is an
offence liable to hadd under an Islamic law, the sentence awarded
shall be that provided for the offence in that law.].
(2) In matters other than a challenge or the
finding or sentence, the president shall have a second or casting vote.
106. Oaths of president and members. An oath
or affirmation in the prescribed form shall be administered to every member of
every Court martial before the commencement of the trial.
107. Oaths of judge advocate and others. After
the members of the Court have been sworn or affirmed, an oath or affirmation in
the prescribed form shall be administered to the following persons or such of
them as are present at the Court martial:---
(a) judge advocate;
(b) officer attending for the purpose of
instruction;
(c) shorthand writer;
(d) interpreter.
108. Oaths of witnesses. Every person giving
evidence at a Court martial shall be examined on oath or affirmation and shall
be duly sworn or affirmed in the prescribed form:---
1 Subs.
and added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984),
s. 15.
Provided that where a Court martial is satisfied
that a child of tender years is unable to understand the nature of an oath or
affirmation, it may dispense with the administration of oath or affirmation.
1[108A.
Affirmation not allowed in the case of Muslim. Where the person referred
to in section 106 or section 107 or section 108 is a Muslim, the said section
shall have effect as if reference therein to affirmation were omitted.].
109. Summoning witnesses and production of
documents.___(1)
The convening officer, the president of 2* 3[a
court martial or a court of inquiry], the judge advocate, or the commanding
officer of the accused person may, by summons under his hand, require the
attendance at a time and place to be mentioned in the summons of any person
either to give evidence or to produce any document or thing.
(2) In the case of a witness amendable to military,
naval or air force authority, the summons shall be sent to his commanding
officer and such officer shall serve it upon him accordingly.
(3) In the case of any other witness, the summons
shall be sent to the magistrate within whose jurisdiction he may be or reside,
and such magistrate shall give effect to the summons as if the witness were
required in the Court of such magistrate.
(4) When a witness is required to produce any
document or thing in his possession or power, the summons shall describe it
with reasonable precision.
(5) Nothing in this section shall be deemed to
affect the Evidence Act, 1872 (I of 1872), sections 123 and 124, or to apply to
any letter, postcard, telegram or other document in the custody of the postal
or telegraph authorities.
1 Ins.
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 21.
2 The
redundant word “the” has been omitted in printing.
3 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1965 (15 of 1965), s. 4, for
“Court”.
(6) If any document in such custody is, in the
opinion of any district magistrate, high Court, or Court of session wanted for
the purpose of any Court martial, such magistrate or Court may require the
postal or telegraph authorities, as the case may be, to deliver such document
to such person as such magistrate or Court may direct.
(7) If any such document is, in the opinion of any
other magistrate or of any commissioner of police or district superintendent of
police, wanted for any such purpose, he may require the postal or telegraph
authorities, as the case may be, to cause search to be made for and to detain
such document pending the orders of any such district magistrate, high court or
Court of session.
1[110.
Commissions for the examination of witness.___(1)
Whenever, in the course of trial by a Court martial, it appears to the Court
that the examination of a witness is necessary for the ends of justice, and
that the attendance of such witness cannot be procured without an amount of
delay, expense or inconvenience which in the circumstances of the case, would
be unreasonable, such Court may, if it thinks necessary, issue a commission in
the manner specified in Chapter XL of the Code of Criminal Procedure, 1898 (V of 1898), according as the witness resides in a place in
or outside Pakistan.
(2) The court may be adjourned for a specified time
reasonably sufficient for the execution and return of the commission.
(3) Such a commission shall be executed by the
magistrate or officer to whom it is issued in the same manner as if it was
issued in the trial of a 2*
case under the Code of Criminal Procedure, 1898 (V of 1898), or of any corresponding law in force at the
place
1 Subs.
by the Pakistan Army and Air Force (Amdt.) Ordinance, 1964 (6 of
1964), s. 2, for the original section 110, as amended by A.O., 1961, the
Repealing and Amending Ordinance, 1961 (1 of 1961) and
the Pakistan Army (Amdt.) Ordinance, 1962 (58 of 1962).
2 Omitted
by the Pakistan Army (Amdt.) Ordinance, 1983 (39 of 1983), s. 4.
where the evidence is recorded; and shall be
returned, together with the deposition of the witness examined thereunder, to
the Judge Advocate General.
(4) The Judge Advocate General will forward the
same to the court-martial who issued it or, if the said court-martial is in the
meanwhile dissolved, to another court-martial convened for the trial of the
accused in respect of the same charge and any deposition so taken shall be
recorded in evidence and shall form part of the proceedings of the court.
Explanation.___The
expression “Judge Advocate General” means the Judge Advocate General, Pakistan
Army, and includes a Deputy Judge Advocate General.]
111. Conviction of one offence permissible on
charge of another.___(1)
A person charged before a Court martial with desertion may be found guilty of
attempting to desert or of being absent without leave.
(2) A person charged before a Court martial with
attempting to desert may be found guilty of being absent without leave.
(3) A person charged before a Court martial with
any one of the offences specified in clauses (a) and (b) of section 40 may be
found guilty of any other of these offences with which he might have been
charged.
(4) A person charged before a Court martial with an
offence punishable under section 59 may be found guilty of any other offence
of which he might have been found guilty if the provisions of the Code of
Criminal Procedure, 1898 (V of 1898), had been applicable.
(5) A person charged before a Court martial with
any offence under this Act may, on failure of proof of an offence having been
committed in circumstances involving a more severe punishment be found guilty
of the same offence as having been committed in circumstances involving a less
severe punishment.
(6) A person charged before a Court martial with
any offence under this Act may be found guilty of having attempted to commit,
or of abetment of, that offence although the attempt or abetment is not
separately charged.
(7) A person charged before a Court martial with
using or attempting to use, criminal force, to his superior officer, knowing
or having reason to believe him to be such may be found guilty of having
committed an assault on such superior officer.
112. Rules of evidence to be the same as in
Criminal Courts. Subject to the provisions of this Act, the rules of
evidence in proceedings before Courts martial shall be the same as those which
are followed in criminal Courts.
113. Judicial notice. A Court-martial may take
judicial notice of any matter within the general military knowledge of the
members.
114. Presumption as to signatures. In any
proceedings under this Act, any application, certificate, warrant, reply or
other document purporting to be signed by an officer in the service of the
Government shall, on production, be presumed to have been duly signed by the
person by whom and in the character in which it purports to have been signed
until the contrary is proved.
115. Enrolment paper.___(1)
Any enrolment paper purporting to be signed by an enrolling officer shall, in
proceedings under this Act, be evidence that the person enrolled gave the
answers which he is therein represented as having given.
(2) The enrolment of such person may be proved by
the production of his enrolment paper or a copy of his enrolment paper
purporting to be certified to be a true copy by the officer having the custody
of the enrolment paper.
116. Presumption as to certain documents.___(1)
A letter, return or other document with respect to a person,---
(i) having, or not having, at any time served
in, or been discharged from any part of the armed forces of Pakistan, or
(ii) having, or not having, held any rank or
appointment in, or been posted or transferred to any part of such forces, or
having or not having served in any particular country or place, or
(iii) being, or not being, authorised to use
or wear any naval, military or air force decoration, medal, medal ribbon,
badge, wound stripe or emblem, the use or wearing of which by an unauthorised
person is, by any law in force for the time being, an offence,
if purporting to be signed by or on behalf of a
Secretary to the 1[Federal
Government], or on behalf of the Pakistan Military, Naval or Air Force
Headquarters, or by the commanding officer or the officer or record officer
having the custody of the records of any portion of those forces or of any of
the ships of Pakistan Navy to which such person appears to have belonged, or
alleges that he belongs or had belonged, shall, be evidence of the facts
stated in such letter, return or other document.
(2) Any army, navy or air force list or gazette
purporting to be published by authority shall be evidence of the status and
rank of the officers, junior commissioned officers or warrant officers therein
mentioned, and of any appointment held by such officers, junior commissioned
officers or warrant officers and of the corps, unit, battalion, ship, arm,
branch or department of the service to which such officers, junior commissioned
officers or warrant officers belong.
(3) Where a record is made in any service book in
pursuance of this Act or of any rules made thereunder or otherwise in pursuance
of duty and purports to be signed by the commanding officer or by the officer
whose duty it is to make such record, such record shall be evidence of the
facts thereby stated.
1 Subs.
by the Pakistan Army (Amdt.) Act, 1973, (51 of 1973), s. 3.
(4) A copy of any record in any service book
purporting to be certified to be a true copy by the officer having the custody
of such book shall be evidence of such record.
(5) Where any person subject to this Act is being
tried on a charge of desertion or of absence without leave and such person has
surrendered himself into the custody of, or has been apprehended by, any
officer, or any portion, of the armed forces of Pakistan, a certificate
purporting to be signed by such officer, or by the commanding officer of that
portion of the armed forces and stating the fact, date and place of such
surrender or apprehension, shall be evidence of the matter so stated.
(6) Where any person subject to this Act is being
tried on a charge of desertion or of absence without leave and such person has
on arrest or surrender been taken to a police station in Pakistan, a
certificate purporting to be signed by the officer‑in‑charge of that police
station, and stating, the fact, date and place of such surrender or
apprehension shall be evidence of the matters so stated.
(7) Any document purporting to be a report under
the hand of any Chemical Examiner or Assistant Chemical Examiner to the
Government of Pakistan upon any matter or thing duly submitted to him for
examination or analysis and report may be used as evidence in any proceeding
under this Act.
117. Reference by accused to Government Officer.___(1)
If at any trial, or other proceedings, for desertion or absence without leave,
overstaying leave, or not rejoining when warned for service, the accused states
in his defence any sufficient or reasonable excuse for his unauthorised
absence, and refers in support thereof to any officer in the service of the
Government or if it appears that any such officer is likely to prove or
disprove the said statement in the defence the Court or officer conducting the
proceedings shall address such officer and adjourn the Court or proceedings
until his reply is received.
(2) The written reply of any officer so addressed
shall, if signed by him, be received in evidence and have the same effect as if
made on oath before the Court or officer conducting the proceedings.
(3) If the Court martial is dissolved before
receipt of such reply or if it omits to comply with the provisions of this
section, the convening officer may, at his discretion, annul the proceedings
and order a fresh trial by the same or another Court martial.
118. Evidence of previous convictions and general
character.___(1)
When any person subject to this Act has been convicted by a Court martial of
any offence, such Court martial may inquire into, and receive and record
evidence of, any previous convictions of such person, either by a Court martial
or by a Criminal Court, and may further inquire into and record the general
character of such person, and such other matters as may be prescribed.
(2) Evidence received under this section may be
either oral, or in the shape of entries in, or certified extracts from, service
records, and it shall not be necessary to give notice before trial to the
person tried that evidence as to his previous convictions or character will be
received.
(3) At a summary Court martial, the officer holding
the trial may, if he thinks fit, record any previous convictions against the
offender, his general character, and such other matters as may be prescribed,
as of his own knowledge, instead of requiring them to be proved under the foregoing
provisions of this section.
CHAPTER X.___COMFIRMATION
AND REVISION OF FINDING AND SENTENCES.
119. Finding and sentence not valid unless
confirmed. No finding or sentence of a general, district or field general
Court martial shall be valid except in so far as it may be confirmed as
provided by this Act.
120. Power to confirm finding and sentence of
general Court martial. The finding and sentence of a general Court martial
may be confirmed by the 1[Chief
of the Army Staff] or by an officer empowered in this behalf by warrant of
the 1[Chief
of the Army Staff].
121. Power to confirm finding and sentence of
District Court martial. The finding and sentence of a district Court
martial may be confirmed by an officer having power to convene a general Court
martial or by any officer empowered in this behalf by warrant of any such
officer.
122. Limitation of powers of confirming authority. A
warrant issued under section 120 or section 121 may contain such restrictions,
reservations or conditions as the officer issuing it may think fit.
123. Power to confirm finding and sentence of field
general Court martial. The finding and sentence of a field general Court
martial may be confirmed by the convening officer or 2[,
if it is not practicable for the convening officer to do so by reason of his
absence on leave or otherwise or the convening officer so directs,] by an
authority superior to him.
124. Power of confirming authority to mitigate,
remit or commute sentences. Subject to such restrictions, reservations or
conditions, as may be contained in any warrant issued under section 120 or
section 121, a confirming officer may, when confirming the sentence of a Court
martial, mitigate or remit the punishment thereby awarded, or commute that
punishment for any less punishment or punishments to which the offender might
have been sentenced by Court martial or if
1 Subs.
by F.A.O., 1975 Art. 2 and Sch.
2 Subs.
by the Pakistan Army (Amdt.) Ordinance, 1983 (39 of 1983), s. 5.
that punishment is death or 1[imprisonment
for life], for any less punishment or punishments mentioned in this Act:
2[Provided
that a sentence awarded as hadd under any Islamic law shall not be so
mitigated, remitted or commuted otherwise than in accordance with such law.],
3
125. Confirmation of finding and sentence 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.
126. Revision of finding and sentence.___(1)
Any finding or sentence of a Court martial which requires confirmation may be
once revised by order of the confirming officer, and, on such revision, the
Court, if so directed by him, 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 recorded 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 field general or District Court martial, of three
officers.
127. Finding and sentence of a summary Court
martial. The finding and sentence of a summary Court martial shall not
require to be confirmed, but may be carried out forthwith:
Provided that if the officer holding the trial is
of less than five years’ service, he shall not, except on active service, carry
into effect any sentence
1 Subs.
by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 22 for
“transportation for Life”.
2 Proviso
Subs. by the Pakistan Army (Amdt.) Ord., 1984, (36 of 1984), s. 16.
3 Proviso
omitted by Act 51 of 1976, s. 22.
until it has received the approval of 1[an
officer having power to convene a district court martial].
128. Transmission of proceedings of a summary Court
martial. The proceedings of every summary Court martial shall without
delay be forwarded to 2[an
officer having power to convene a district court martial], and such officer, or
any higher authority, may, for reasons based on the merits of the case but not
on any merely technical grounds, set aside the proceedings or reduce the
sentence to any other sentence which the Court might have passed [ : ]3
3[Provided
that a sentence awarded as hadd under any Islamic law shall not be so
mitigated, remitted or commuted otherwise than in accordance with such law.].
129. Substitution of a valid finding or sentence
for and invalid finding or sentence.___(1)
Where a finding of guilty by a Court martial, which has been confirmed, or
which does not require confirmation, is found for any reason to be invalid or
cannot be supported by the evidence, the authority which would have had power
under section 143 to commute the punishment awarded by the sentence, if the
finding had been valid, may substitute a new finding, if the new finding could
have validly been made by the Court martial on the charge and if it appears
that the Court martial must have been satisfied of the facts establishing the
offence specified or involved in the new finding, and may pass a sentence for
the said offence.
(2) Where a sentence passed by a Court martial
which has been confirmed, or which does not require confirmation, not being a
sentence passed in pursuance of a new finding substituted under subsection (1)
is found for any reason to be invalid, the authority referred to in the subsection
may pass a valid sentence.
1 Subs.
by the Pakistan Army (Amdt.) Act, 1963 (9 of 1963), s. 4, for “an
officer not below the rank of brigadier, who may be empowered in this behalf by
the Commander-in-Chief”.
2 Subs.
by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 11, for “an
officer not below the rank of brigadier, who may be empowered in this behalf by
the Commander-in-Chief”.
3 Subs.
and added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984),
s. 17.
(3) The punishment awarded by a sentence passed
under subsection (1) or subsection (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) For the purposes of this Act, any finding or
sentence substituted in accordance with this section for the finding or
sentence of a Court martial, and any sentence imposed for an offence specified
or involved in any such substituted finding, shall have effect as if it was a
finding or sentence of a Court martial.
130. Provision in the case of accused being
lunatic.___(1)
Whenever, in the course of a trial by Court martial, it appears to the Court
that the person charged is of unsound mind and consequently incapable of making
his defence, or that such person 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, the Court shall record a finding accordingly, and the
president of the Court, or the officer holding the trial as the case may be,
shall forthwith report the case to the confirming officer or, in the case of a
Court martial whose finding does not require confirmation to the prescribed
officer.
(2) The confirming officer to whom a case is
reported under subsection (1) may, if he does not confirm the finding, take
steps to have the accused person tried by the same or another Court martial for
the offence with which he was originally charged.
(3) The prescribed officer to whom a case is
reported under subsection (1) and a confirming officer confirming a finding in
any case so reported to him shall order the accused person to be kept in
custody in the prescribed manner, and shall report the case for the orders of
the 1[Federal
Government].
1 Subs.
by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for
“Central Government”.
(4) On receipt of a report under subsection (3),
the 1[Federal
Government] may order the accused person to be detained in a lunatic asylum or
other suitable place of safe custody.
(5) Where an accused person, having been found by
reason of unsoundness of mind to be incapable of making his defence, is in
custody or under detention, the prescribed officer may,---
(a) if such person is in custody under
subsection (3), on the report of a medical officer that he is capable of making
his defence, or
(b) if such person is detained in a jail under
subsection (4), on a certifi
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| The Pakistan Army Act, 1952 ACT XXXIX OF 1952 |
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