Subsequent fitness of lunatic accused for trial
Section 146 of the Army Act, 1950 deals with subsequent fitness of lunatic accused for trial. Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 145, the officer commanding the army, army corps, division or brigade within the area of whose command the accused is in custody or is de The Act came into force on 22 Jul 1950.
Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 145, the officer commanding the army, army corps, division or brigade within the area of whose command the accused is in custody or is detained, or any other officer prescribed in this behalf, may--
(a) if such person is in custody under sub-section (4) of section 145, on the report of a medical officer that he is capable of making his defence, or
(b) if such person is detained in a jail under sub-section (5) of section 145, on a certificate of the Inspector General of Prisons, and if such person is detained in a lunatic asylum under the said subsection on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence,
take steps to have such person tried by the same or another court-martial for the offence with which he was originally charged or, if the offence is a civil offence, by a criminal court.
Section 146, 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 146
What does Section 146 of the Army Act deal with?
Section 146 of the Army Act is headed "Subsequent fitness of lunatic accused for trial". Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 145, the officer commanding the army, army corps, division or brigade within the area of whose command the accused is in custody or is de
How do I find court cases under Section 146 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 146, section 146 Army Act 1950, section 146 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 146 of the Army Act, and has it changed?
Its own text turns on section 145 (Lunacy of accused), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 146 of the Army Act come into force?
Section 146 of the Army Act, cited as Army Act 1950 146, 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 19 Oct 2026. This page is not a substitute for legal advice.