Lunacy of accused
Section 145 of the Army Act, 1950 deals with lunacy of accused. Whenever, in the course of a trial by a court-martial, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or know The Act came into force on 22 Jul 1950.
(1) Whenever, in the course of a trial by a court-martial, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly.
(2) The presiding officer of the court, or, in the case of a summary court-martial, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding under section 162, as the case may be.
(3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another court-martial for the offence with which he was charged.
(4) The authority to whom the finding of a summary court-martial is reported under sub-section (2), and a confirming officer confirming a finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government.
(5) On receipt of a report under sub-section (4) the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.
Section 145, 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
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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… Reply on behalf of the Union of India 20. A counter affidavit has been filed on behalf of Union of India (Respondent Nos. 1 to 5). It is stated that Section 90 and 91 of the Act of 1950 are reflective of Section 145 of the Army Act 1881 of the British Times, these are the enabling provisions that were to be used to give effect to maintenance decree of a competent civil court. However, it was discovered over the years that the said enabling provisions were being started to be used as a routine …
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… Learned counsel for the respondents has vehemently submitted that the initial order dated 30.11.2009 had been passed by the Authorities in exercise of its powers under Section 90 (i) of the Army Act, 1950. It is submitted that during the pre-independence era Army Act, 1881 was applicable and that Section 145 of the Army Act 1881, prohibited attachment of salary and other rights of any serving army personnel. Since any such attachment orders, even pursuant to the orders passed by a competent Court or Authority could not be passed, hence, the Army Authorities were obligated to implement the above said order on …
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… Section:27 - Admission and detention of mentally ill prisoner: An order under section 30 of the Prisoners Act, 1900, or under section 144 of the Air Force Act, 1950, or under section 145 of the Army Act, 1950, or under section 143 or section 144 of the Navy Act, 1957, or under section 330 or section 335 of the Code of Criminal Procedure, 1973, directing the reception of a mentally ill prisoner into any psychiatric hospital or psychiatric nursing home, shall be sufficient authority for the admission …
Questions about Section 145
What does Section 145 of the Army Act deal with?
Section 145 of the Army Act is headed "Lunacy of accused". Whenever, in the course of a trial by a court-martial, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or know
How do I find court cases under Section 145 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 145, section 145 Army Act 1950, section 145 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 145 of the Army Act, and has it changed?
Its own text turns on section 162 (Transmission of proceedings of summary 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 145 of the Army Act come into force?
Section 145 of the Army Act, cited as Army Act 1950 145, 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.