Powers of summary courts-martial
Section 120 of the Army Act, 1950 deals with powers of summary courts-martial. Subject to the provisions of sub-section (2), a summary court-martial may try any offence punishable under this Act. The Act came into force on 22 Jul 1950.
(1) Subject to the provisions of sub-section (2), a summary court-martial may try any offence punishable under this Act.
(2) When there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a district court-martial or on active service a summary general court-martial for the trial of the alleged offender, an officer holding a summary courtmartial shall not try without such reference any offence punishable under any of the sections 34, 37 and 69, or any offence against the officer holding the court.
(3) A summary court-martial may try any person subject to this Act and under the command of the officer holding the court, except an officer, junior commissioned officer or warrant officer.
(4) A summary court-martial may pass any sentence which may be passed under this Act, except a sentence of death or transportation, or of imprisonment for a term exceeding the limit specified in sub-section (5).
(5) The limit referred to in sub-section (4) shall be one year if the officer holding the summary court-martial is of the rank of lieutenant-colonel and upwards, and three months if such officer is below that rank.
Section 120, The Army Act, 1950 (Act 46 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 120
What does Section 120 of the Army Act deal with?
Section 120 of the Army Act is headed "Powers of summary courts-martial". Subject to the provisions of sub-section (2), a summary court-martial may try any offence punishable under this Act.
How do I find court cases under Section 120 of the Army 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: Army Act 1950 120, section 120 Army Act 1950, section 120 of the Army 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 Army Act, and has it changed?
Its own text turns on section 34 (Offences in relation to the enemy and punishable with death), section 37 (Mutiny), section 69 (Civil offences), so none of them can safely be read on its own.
When did Section 120 of the Army Act come into force?
Section 120 of the Army Act, cited as Army Act 1950 120, came into force on 22 Jul 1950, having been enacted on 20 May 1950. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Definitions961 words
- 142. Presumption as to certain documents547 words
- 90. Deductions from pay and allowances of officers422 words
- 91. Deductions from pay and allowances of persons other than officers415 words
- 34. Offences in relation to the enemy and punishable with death328 words
- 151. Order for disposal of property regarding which offence is committed303 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 15 Oct 2026. This page is not a substitute for legal advice.