Prohibition of second trial
Section 120 of the Air Force Act, 1950 deals with prohibition of second trial. When 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 dealt with under section 82 or section 86, he shall not be liable to be tried again for the same offence by a court-martial or dealt with under the said sections. The Act came into force on 22 Jul 1950.
When 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 dealt with under section 82 or section 86, he shall not be liable to be tried again for the same offence by a court-martial or dealt with under the said sections.
Section 120, The Air Force Act, 1950 (Act 45 of 1950).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… the Army Rules, a learned Single Judge of the Allahabad High Court held that the effect of non-confirmation was that though the finding and sentence passed by the court-martial existed, they could not be put into effect unless they had been confirmed under the provisions of the Air Force Act, and that in such a case Section 120 of the Air Force Act (which is in pari materia with Section 121 of the Army Act) barred a second trial by a court-martial. In Major Manohar Lal v. Union of India [(1971) 1 SLR 717 (P&H)] the petitioner was tried by a general court-martial which found him not guilty. The General Officer Commanding-in-Chief held the …
Questions about Section 120
What does Section 120 of the Air Force Act deal with?
Section 120 of the Air Force Act is headed "Prohibition of second trial". When 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 dealt with under section 82 or section 86, he shall not be liable to be tried again for the same offence by a court-martial or dealt with under the said sections.
How do I find court cases under Section 120 of the Air Force Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Air Force Act 1950 120, section 120 Air Force Act 1950, section 120 of the Air Force Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 120 of the Air Force Act, and has it changed?
Its own text turns on section 82 (Punishment of persons other than officers and warrant officers), section 86 (Punishment of officers and warrant officers), so none of them can safely be read on its own.
When did Section 120 of the Air Force Act come into force?
Section 120 of the Air Force Act, cited as Air Force Act 1950 120, came into force on 22 Jul 1950, having been enacted on 18 May 1950. It is in force as at the date shown on this page.
Other sections of this Act
- 4. Definitions981 words
- 141. Presumption as to certain documents492 words
- 92. Deductions from pay and allowances of airmen414 words
- 91. Deductions from pay and allowances of officers414 words
- 34. Offences in relation to the enemy and punishable with death396 words
- 32. Priority in respect of Air Force personnel's litigation301 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.