Conviction of offence not charged
Section 138 of the Air Force Act, 1950 deals with conviction of offence not charged. A person charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave. The Act came into force on 22 Jul 1950.
(1) A person charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave.
(2) A person charged before a court-martial with attempting to desert may be found guilty of being absent without leave.
(3) A person charged before a court-martial with using criminal force-may be found guilty of assault.
(4) A person charged before a court-martial with using threatening language may be found guilty of using insubordinate language.
(5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b), (c) and (d) of section 52 may be found guilty of any other of these offences with which he might have been charged.
(6) A person charged before a court-martial with an offence punishable under section 71 may be found guilty of any other offence of which he might have been found guilty if the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), were applicable.
(7) A person charged before a court-martial with any offence under this Act may on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment.
(8) A person charged before a court-martial with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged.
Section 138, 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 138
What does Section 138 of the Air Force Act deal with?
Section 138 of the Air Force Act is headed "Conviction of offence not charged". A person charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave.
How do I find court cases under Section 138 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 138, section 138 Air Force Act 1950, section 138 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 138 of the Air Force Act, and has it changed?
Its own text turns on section 52 (Offences to respect of property), section 71 (Civil offences), so none of them can safely be read on its own.
When did Section 138 of the Air Force Act come into force?
Section 138 of the Air Force Act, cited as Air Force Act 1950 138, 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 18 Oct 2026. This page is not a substitute for legal advice.