Pardon and remission
Section 179 of the Army Act, 1950 deals with pardon and remission. When any person subject to this Act has been convicted by a court-martial of any offence, the Central Government or [the Chief of the Army Staff] or, in the case of a sentence, which he could have confirmed or which did not, require confirmation, the officer commanding the army, army corps, division The Act came into force on 22 Jul 1950.
When any person subject to this Act has been convicted by a court-martial of any offence, the Central Government or 1[the Chief of the Army Staff] or, in the case of a sentence, which he could have confirmed or which did not, require confirmation, the officer commanding the army, army corps, division or independent brigade in which such person at the time of conviction was serving, or the prescribed officer may--
(a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or
(b) mitigate the punishment awarded; or
(c) commute such punishment for any less punishment or punishments mentioned in this Act:
Provided that a sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the court; or
(d) either with or without conditions which the person sentenced accepts, release the person on parole.
Section 179, 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.
Referred to by 4
- s. 163 Alteration of finding or sentence in certain cases
- s. 181 Reduction of warrant officer or non-commissioned officer
- Haryana Good Conduct Prisoner (Temporary Release) Act, 2022, English Version s. 11 General provisions
- Haryana Good Conduct Prisoners’ Temporary Release Act, 2022 (Haryana No. 15 of 2022) s. 11 General provisions
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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… The Review against the said order was dismissed by this Court on 12.05.2016. Digitally signed by Indu Marwah Date: 2024.09.06 15:41:01 IST Reason: Signature Not Verified 3. The record shows that the appellant had also moved the Central Government under Section 179 of the Army Act, 1959 styling it as a Mercy Petition. 4. Even against the dismissal of the appeal as well as the review petition, the appellant moved a Curative Petition which came to be dismissed on 17.01.2017. It is at this stage that the appellant thought of seeking a review of the Original order of the …
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… General, General-Officer-Commanding in Chief, Headquarter, Central Command, Lucknow (Annexure-9) by which he has rejected the petition filed by the petitioner under Section 164 of the Army Act and also for quashing the letter dated 2.12.2002 issued by the Chief of Army Staff rejecting his application under Section 179 of the Army Act. The facts of this case are not in dispute and lie in a narrow compass. The petitioner was appointed as a Constable in the Army at B.R.O. Gaya (Bihar) on 3.1.1996. During the Kargil war he was posted at border areas of Jammu and Kashmir for "Operation Vijay". On 3.10.1999 he received certain …
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… He, being custodian of the property, stolen by him, has rightly been held guilty of the charges by the summary court martial u/s 52(a) of the Army Act. The petitioner instead of filing a petition according to law, filed a mercy petition u/s 179 of the Army Act, which was dealt with by the competent officer and the same was rejected taking into consideration the evidence on record. Mr. SS Johl, learned counsel for the petitioner had also submitted a written brief, reiterating the pleas taken in the writ petition. He contended that on account of violation …
Questions about Section 179
What does Section 179 of the Army Act deal with?
Section 179 of the Army Act is headed "Pardon and remission". When any person subject to this Act has been convicted by a court-martial of any offence, the Central Government or [the Chief of the Army Staff] or, in the case of a sentence, which he could have confirmed or which did not, require confirmation, the officer commanding the army, army corps, division
How do I find court cases under Section 179 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 179, section 179 Army Act 1950, section 179 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 179 of the Army Act, and has it changed?
4 other provisions in this corpus refer back to it.
When did Section 179 of the Army Act come into force?
Section 179 of the Army Act, cited as Army Act 1950 179, 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 18 Oct 2026. This page is not a substitute for legal advice.