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The growth of Indian military law literature emerged from sheer necessity. This need was acknowledged by General C.H. Harrington GBE, KCB, DSO, DCL, the then General Officer Commanding in Chief of Quetta-based Western Command on 28 October 1930 in a foreword to the book titled Handbook of Military Law by Capt. R.J. Wilkins and W.S. Chaney.
The Army Act, 1950 is an Indian act of parliament governing military law in the Indian Armed Forces. The Army Act was passed by the Parliament on 22 May 1950 and came into effect on 22 July 1950. [1] The Army Act, 1950 The Army Act, 1950 is the primary law governing the discipline, conduct, and service conditions of the Indian Army.
In 1999, the Law Commission's 169th report stated that disciplinary and service matters required quick resolutions and proposed a special tribunal for the Indian army, navy and air force. The principal bench is located at Delhi in addition to ten [3] other benches across the country. [4]
The department supports the Judge Advocate General who is the legal and judicial chief of India and advises the Chief of the Army Staff of legal matters. The JAG's Department is also responsible for emerging fields of military law such as those related to cyber laws, space laws, terrorism and human rights violations. [3]
The Indian Tolls (Army & Air Force) Act, 1901 [2] is a Law enacted by the Parliament of India and introduced by the Ministry of Defence to deal with exemption of toll charges where applicable for regular armed forces including all family members of Indian Armed Forces extending from Indian Army to Central Armed Police Forces.
The Armed Forces Special Powers Act (AFSPA) grants the military wide powers of arrest, the right to shoot to kill, and to occupy or destroy property in counterinsurgency operations. Indian officials claim that troops need such powers because the army is only deployed when national security is at serious risk from armed combatants.
The act is divided into six chapters. [2]Chapter I: Preliminary (Section 1 & 2) Provides a short title and definitions of terms used in the act; Chapter II: Acquisition, Possession, Manufacture, Sale, Import, Export, and Transport of Arms and Ammunition (Section 3 to 12)
Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems.