Civil offences
Section 71 of the Air Force Act, 1950 deals with civil offences. Subject to the provisions of section 72, any person subject to this Act who at any place in or beyond India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a court-martial and, on convic The Act came into force on 22 Jul 1950.
Subject to the provisions of section 72, any person subject to this Act who at any place in or beyond India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a court-martial and, on conviction, be punishable as follows, that is to say,--
(a) if the offence is one which would be punishable under any law in force in India with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and
(b) in any other case, he shall be liable to suffer any punishment other than whipping assigned for the offence by any law in force in India, or imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
Section 71, 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
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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The State of Sikkim vs Jasbir Singh
Court's Decision & Legal Precedent
The language of the Air Force Act and the Rules does not ipso jure oust the jurisdiction of the ordinary criminal court; where jurisdiction over the offence is concurrent, the discretion to prefer a court-martial rests with the designated officer under Section 125, and that discretion, being conjunctive with the direction for military custody, can be exercised only after investigation is complete and at the stage at which proceedings are to be instituted.
On this section: Section 71 deems a civil offence committed by a person subject to the Act to be an offence against the Act triable by court-martial; the Court held that this deeming does not displace the criminal court, the choice between the two forums being governed by Section 125 and unavailable while the police investigation is still running.
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State Rep by vs Commandant Air Force
Court's Decision & Legal Precedent
Following State of Sikkim v. Jasbir Singh, the Court held that the police's power to investigate an offence committed by an officer subject to the Air Force Act is not curtailed by the Air Force authorities taking custody of the accused, and that leaving custody with those authorities while investigation continued would amount to scuttling the investigation; the election of forum arises only after investigation is complete and cognizance is to be taken.
On this section: Works through the interplay of the civil-offence and custody provisions of the Air Force Act in a rape prosecution against a Flight Lieutenant, holding that the Act's court-martial route does not oust the criminal court or the investigating agency at the pre-cognizance stage.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
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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… There was also a charge of indulging in unbecoming conduct and committing acts prejudicial to good order. Thus, there were charges under Section 45 (Unbecoming conduct), Section 65 (committing an act prejudicial to public order) and Section 71 (committing civil offences) of the Air Force Act, 1950 (for short 'AFA'). Thirty-five prosecution witnesses were examined before the GCM. The GCM found the respondent and co-accused guilty of the offence under Section 304 Part II, read with 149 of IPC. Even the charge for the offence under Section 342 of IPC and …
Questions about Section 71
What have the courts held on Section 71 of the Air Force Act?
The State of Sikkim vs Jasbir Singh is the leading judgment on this section among those set out below: Section 71 deems a civil offence committed by a person subject to the Act to be an offence against the Act triable by court-martial; the Court held that this deeming does not displace the criminal court, the choice between the two forums being governed by Section 125 and unavailable while the police investigation is still running. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court.
How do I find court cases under Section 71 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 71, section 71 Air Force Act 1950, section 71 of the Air Force Act. People searching for it also type section 71 of air force act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with The State of Sikkim vs Jasbir Singh.
What should I read with Section 71 of the Air Force Act, and has it changed?
Its own text turns on section 72 (Civil offences not triable by court-martial), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it.
When did Section 71 of the Air Force Act come into force?
Section 71 of the Air Force Act, cited as Air Force Act 1950 71, 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.