Act 037 of 1920 : Indian Army (Amendment) Act, 1920

Section 1. Short title

1. Short title.- This Act may be called the Indian Army (Amendment) Act, 1920.

Section 1. Short title

1. Short title.- This Act may be called the Indian Army (Amendment) Act, 1920.

Section 2. Amendment of section 116, Act VIII of 1911

2. Amendment of section 116, Act VIII of 1911.- In section 116 of the Indian Army Act, 1911 (VIII of 1911), after the words "becoming insane" the following shall be added, namely-

"or, who, being on active service, is officially reported missing:

Provided that, in the case of a person so reported missing, no action shall be taken under sub-sections (2) to (5), inclusive, of the said section, until one year has elapsed from the date of such report."

Section 2. Amendment of section 20 of Act VIII of 1911

2. Amendment of section 20 of Act VIII of 1911.- In sub-section (2) of section 20 of the Indian Army Act, 1911 (hereinafter referred to as the said Act),-

(1) for the words "Imprisonment in military custody may be specified as such a minor punishment" the words "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" shall be substituted; and

(2) in clause (a) after the word "imprisonment" the words "or field punishment" shall be inserted.

Section 3. Amendment of section 24 of Act VIII of 1911

3. Amendment of section 24 of Act VIII of 1911.- In section 24 of the said Act-

(1) to sub-section (1) the words "He may at any time arrest and detain for trial any person subject to this Act who commits an offence and may also carry into effect any punishments to be inflicted in pursuance of the sentence of a court-martial" shall he added; and

(2) for sub-sections (2) and (3) the following sub-section shall be substituted, namely:-

"(2) A provost-marshal may punish with any punishment mentioned in section 22, sub-section (1) clause (b) any follower who is subject to this Act under section 2, sub-section (1), clause (c) and is a menial servant and who on active service and in his view, or in the view of any of his assistants, commits any breach of good order and military discipline."

Section 4. Amendment of section 41 of Act VIII of 1911

4. Amendment of section 41 of Act VIII of 1911.- In section 41 of the said Act-

(1) in clause (a) after the word "punishment." and

(2) in clause (b) after the word "punishment." where it first occurs, the words "other than whipping" shall be inserted.

Section 5. Substitution of new section for section 45 of Act VIII of 1911

5. Substitution of new section for section 45 of Act VIII of 1911.- For section 45 of the said Act the following section shall be substituted, namely:-

"45. Field punishment.- Where any person, subject to this Act and under the rank of warrant officer, on active service is guilty of any offence, 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."

Section 6. Amendment of sections 46 and 49 of Act VIII of 1911

6. Amendment of sections 46 and 49 of Act VIII of 1911.- In sections 46 and 49 of the said Act, for the words "corporal punishment" the words "field punishment" shall be substituted.

Section 7. Amendment of section 50 of Act VIII of 1911

7. Amendment of section 50 of Act VIII of 1911.- In section 50 of the said Act-

(1) to clause (a) the words "or of field punishment awarded by a court-martial or such officer" shall be added; and

(2) in clause (b) after the word "imprisonment" the words "or field punishment" shall be inserted.

Section 8. Substitution of new section for section 67 of Act VIII of 1911

8. Substitution of new section for section 67 of Act VIII of 1911.- For section 67 of the said Act the following section shall be substituted, namely:-

"67. Limitation of trial.- No trial by court-martial of any person subject to this Act for any offence (other than as offence of mutiny, desertion or fraudulent enrclment) 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 has, subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of His Majesty's regular forces.

Explanation.-For the purposes of this section, ‘mutiny’ means any of the offences specified in clauses (a), (b) and (c) of section 27."

Section 9. Amendment of section 113 of Act VIII of 1911

9. Amendment of section 113 of Act VIII of 1911.- After clause (b) of sub-section (2) of section 113 of the said Act the following clause shall be inserted, namely:-

"(bb) the specification of the punishments which may be awarded as field punishments under sections 20 and 45."

Section 10. Repeal of section 111 of Act VIII of 1911

10. Repeal of section 111 of Act VIII of 1911.- Section 111 of the said Act is hereby repealed.