Requirement of sanction in certain cases
Section 83 of the Air Force Act, 1950 deals with requirement of sanction in certain cases. Subject to the provisions of sub-section (2), the punishments mentioned in section 82 shall not be inflicted in respect of an offence under any of the sections 34, 35 and 36 when committed on active service or under any of the sections 37, 38, 40, 42 (f) and (g), 43, 47, 52, 60, 62, 63, 64, 66(a), ( The Act came into force on 22 Jul 1950.
(1) Subject to the provisions of sub-section (2), the punishments mentioned in section 82 shall not be inflicted in respect of an offence under any of the sections 34, 35 and 36 when committed on active service or under any of the sections 37, 38, 40, 42 (f) and (g), 43, 47, 52, 60, 62, 63, 64, 66(a), (b) and (c) and 71 except with the previous sanction in writing of an officer having power to convene a district court-martial.
(2) The said punishments may be awarded without such sanction in the case of any offence other than an offence under section 34 or section 71, committed by persons who have not been enrolled as combatants.
Section 83, 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
- s. 34 Offences in relation to the enemy and punishable with death
- s. 35 Offences in relation to the enemy and not punishable with death
- s. 36 Offences punishable more severely on active service than at other times
- s. 37 Mutiny
- s. 38 Desertion and aiding desertion
- s. 40 Striking or threatening superior officer
- s. 42 Insubordination and obstruction
- s. 71 Civil offences
- s. 82 Punishment of persons other than officers and warrant officers
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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S. P. Pandey vs Union of India
Court's Decision & Legal Precedent
Where an institution exercises disproportionate and vindictive power against a service member for a trivial infraction, breaks its own written assurances regarding cancellation of punishment, and subjects the member to repeated disciplinary proceedings despite prior promise of expungement, monetary compensation is warranted as a recognition of the member's dignity and as a measure of institutional accountability, even if the member has retired from service. The principle of proportionality and balance must be maintained in all governance, including military discipline, and institutions must be held accountable for arbitrary and excessive action. The quantum of compensation, though economically insignificant compared to loss of dignity, serves as a legal remedy and token of concern.
On this section: Requirement of sanction for conducting disciplinary proceedings; the court noted that sanction under this section was not properly obtained before the initial trial, which was a procedural defect acknowledged by the Station Commander
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.
Questions about Section 83
What have the courts held on Section 83 of the Air Force Act?
S. P. Pandey vs Union of India (21 Oct 2024) is the leading judgment on this section among those set out below: Requirement of sanction for conducting disciplinary proceedings; the court noted that sanction under this section was not properly obtained before the initial trial, which was a procedural defect acknowledged by the Station Commander.
How do I find court cases under Section 83 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 83, section 83 Air Force Act 1950, section 83 of the Air Force Act. People searching for it also type section 83 of air force act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with S. P. Pandey vs Union of India (21 Oct 2024).
What should I read with Section 83 of the Air Force Act, and has it changed?
Its own text turns on section 34 (Offences in relation to the enemy and punishable with death), section 35 (Offences in relation to the enemy and not punishable with death), section 36 (Offences punishable more severely on active service than at other times), section 37 (Mutiny), and on 5 further provisions, so none of them can safely be read on its own.
When did Section 83 of the Air Force Act come into force?
Section 83 of the Air Force Act, cited as Air Force Act 1950 83, 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.