Liability of offender who ceases to be subject to Act
Section 122 of the Air Force Act, 1950 deals with liability of offender who ceases to be subject to Act. Where an offence under this Act had 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 air force custody, and tried and punished for such offence as if he continued to be so subject. The Act came into force on 22 Jul 1950.
(1) Where an offence under this Act had 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 air force custody, and tried and punished for such offence as if he continued to be so subject.
(2) Except as provided by sub-sections (3) and (4), any such person shall not be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this Act.
(3) The provisions of sub-section (2) shall not apply to the trial of any such person for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37.
(4) Nothing contained in sub-section (2) shall affect the jurisdiction of a civil court to try any offence triable by such court as well as by a court-martial.
(5) When a person subject to this Act is sentenced by a court-martial to transportation or imprisonment, this Act shall apply to him during the term of his sentence, though he is cashiered or dismissed from the Air Force, or has otherwise ceased to be subject to this Act and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act.
(6) When a person subject to this Act it sentenced by a court-martial to death, this Act shall apply to him till the sentence is carried out.
Section 122, 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.
This section refers to
Questions about Section 122
What does Section 122 of the Air Force Act deal with?
Section 122 of the Air Force Act is headed "Liability of offender who ceases to be subject to Act". Where an offence under this Act had 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 air force custody, and tried and punished for such offence as if he continued to be so subject.
How do I find court cases under Section 122 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 122, section 122 Air Force Act 1950, section 122 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 122 of the Air Force Act, and has it changed?
Its own text turns on section 37 (Mutiny), so none of them can safely be read on its own.
When did Section 122 of the Air Force Act come into force?
Section 122 of the Air Force Act, cited as Air Force Act 1950 122, 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 19 Oct 2026. This page is not a substitute for legal advice.