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act 014 of 1857 : Military and State Offences Act, 1857 [Repealed]

Military and State Offences Act, 1857 [Repealed]

ACTNO. 14 OF 1857
06 June, 1857
Repealed by Act 8 of 1868
Passed by the Legislative Council of India.

(Received the assent of the Governor, General, on the 6th June 1857).

An Act to make further provision for the trial and punishment of certain offences relating to the Army, and of offences against the State.

PREAMBLE

Whereas it is necessary to make further provision for the trial and punishment of persons who endeavour to excite mutiny and sedition among the Forces of the East India Company, and also for the trial of offences against the State: It is enacted as follows:

Section 1. Punishment for exciting or causing others to excite mutiny or sedition in the Army

Whoever intentionally seduces or endeavours to seduce any Officer or Soldier in the service or pay of the East India Company from his allegiance to the British Government or his duty to the East India Company, or intentionally excites or stirs up, or endeavours to excite or stir up, any such Officer or Soldier, or any Officer or Soldier serving in any part of the British Territories in India in aid of the Troops of the British Government, to commit any act of mutiny or sedition; and whoever intentionally causes, or endeavours to cause, any other person to commit any such offence shall be liable upon conviction to the punishment of death, or to the punishment of transportation for life, or of imprisonment with hard labor for any term not exceeding fourteen years; and shall forfeit all his property and effects of every description.

Section 2. Punishment for harbouring or concealing offenders

Whoever shall knowingly harbour or conceal any person who shall have been guilty of any offence mentioned in the preceding Section, shall be liable to imprisonment, with or without hard labour, for any term not exceeding seven years, and shall also be liable to fine.

Section 3. Governor General in Council may empower Officers to appoint Courts Martial for the trial of offences against this Act or Act XI of 1857

It shall be lawful for the Governor General of India in Council, from time to time, by Order in Council, to empower every General or other Officer having the Command of Troops in the Service of Her Majesty or of the East India Company, or any of such General or other Officers, to son or persons charged with having committed an offence punishable by this Act or by Section I or Section II of Act XI of 1857, and also to confirm and carry into effect any sentence of such Court Martial.

Section 4. General Courts Martial to be appointed by the spot, and to Consist of not less than five Members, either Europeans or Natives, or bath

Any General Court Martial, which may be appointed under the authority of this Act, shall be appointed by the Senior Officer on the spot, and shall consist of not less than five Commissioned Officers, the number to be fixed by the General or other Officer appointing the Court Martial. The Order in Council may direct that a General Court Martial to be appointed under the provisions of this Act shall consist wholly of European Commissioned Officers or wholly of Native Commissioned Officers, or partly of European Commissioned Officers and partly of Native Commissioned Officers; and in such case the Officer appointing the Court Martial shall determine whether the same shall consist wholly of European Officers or wholly of Native Officers, or partly of European Officers and partly of Native Officers.

Section 5. Majority of Members may sentence to death or other lawful punishment and Sentence may be confirmed and earned into effect immediately or otherwise

Sentence of death or other punishment to which the offender is liable bylaw, may be given by such Court Martial, if a majority of the Members present concur in the sentence; and any such sentence may be confirmed by, and carried into effect immediately or otherwise by order of, the Officer by whom the Court Martial shall have been appointed, or, in case of his absence, by the Senior Officer on the spot.

Section 6. Order in Council may be revoked or countermanded

6. Order in Council may be revoked or countermanded It shall be lawful for the Governor General in Council to countermand or alter any Order in Council which may be issued under the authority of this Act.

Section 7. Governor General in Council, or Executive Government or any person authorized, may issue a Commission for the trial of persons charged with offences against the State or with other offences

It shall be lawful for the Governor General in Council, or for the Executive Government of any Presidency or place, or any Person or persons whom the Governor General in Council may authorize so to do, from time to time to issue a Commission for issue a Commission for the trial or all or any persons or charged with having committed within any District described in the Commission, whether such District shall or shall not have been proclaimed to be in a state of rebellion, any offence punishable by Sections I and II of Act XI of 1857, or by this Act, or any other crime against the state, or murder, arson, robbery, or other heinous crime against person or property.

Section 8. Court may be held in any part of the District

The Commissioner or Commissioners authorized by any such Commission, may hold a Court in any part of the District mentioned the Commission, and may there try any of the said offences, be deemed one District.

Section 9. Powers of the Court

Any Court held under the Commission shall have power, without the attendance or futwa of a Law Officer, or the assistance before the Court of any of the aforesaid crimes any sentence warranted by law for such crime; and the judgment of such Court shall be final and conclusive; and the said Court shall not be subordinate to the Sudder or other Court.

Section 10. Magistrate or other Officer may commit persons for trail before a Court held under this Act

If a Commission be issued under the authority of this Act, any Magistrate or other Officer having power to commit for trial within the District described in the Commission may commit persons charged with any of the aforesaid crimes within such District for trial before a Court to be held under this Act.

Section 11. Act not to apply to British born subject or their children

Nothing in this Act shall extend to the trial or punishment of any Her Majesty's natural-born subjects born in Europe, or of the children of such subjects.

Section 12. Not to persons subject to the Articles of War

This Act shall not extend to the trial or punishment of any person for any offence for which he is liable to be tried by the Articles of War.

Section 13. Interpretation

The word Soldier shall include every person subject to any Articles of War.

Section 14. Duration of Act

This Act shall continue in force for one year.