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Section34
The Army Act, 1950

Offences in relation to the enemy and punishable with death

In force From 22 Jul 1950 Act 46 of 1950 As on 15 Oct 2026

Act 46 of 1950 Ministry Defence Enacted 20 May 1950 In force 22 Jul 1950 Cited by 6 provisions

Section 34 of the Army Act, 1950 deals with offences in relation to the enemy and punishable with death. Any person subject to this Act who commits any of the following offences, that is to say,-- (a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or The Act came into force on 22 Jul 1950.

Any person subject to this Act who commits any of the following offences, that is to say,--

(a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit any of the said acts; or

(b) intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy; or

(c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or

(d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union; or

(e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies; or

(f) treacherously or through cowardice sends a flag of truce to the enemy; or

(g) in time of war or during any military operation, intentionally occasions a false alarm in action, camp, garrison or quarters, or spreads reports calculated to create alarm or despondency; or

(h) in time of action leaves his commanding officer or his post, guard, picquet, patrol or party without being regularly relieved or without leave; or

(i) having been made a prisoner of war, voluntarily serves with or aids the enemy; or

(j) knowingly harbours or protects an enemy not being a prisoner; or

(k) being a sentry in time of war or alarm, sleeps upon his post or is intoxicated; or

(l) knowingly does any act calculated to imperil the success of the military, naval or air forces of India or any forces co-operating therewith or any part of such forces;

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.

Section 34, 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 6

  1. s. 65 Attempt
  2. s. 66 Abetment of offences that have been committed
  3. s. 67 Abetment of offences punishable with death and not committed
  4. s. 68 Abetment of offences punishable with imprisonment and not committed
  5. s. 72 Alternative punishments awardable by court-martial
  6. s. 120 Powers of summary courts-martial

Questions about Section 34

What does Section 34 of the Army Act deal with?

Section 34 of the Army Act is headed "Offences in relation to the enemy and punishable with death". Any person subject to this Act who commits any of the following offences, that is to say,-- (a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or

How do I find court cases under Section 34 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 34, section 34 Army Act 1950, section 34 of the Army Act. People searching for it also type army act 34a and army act 1950 section 34. 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 34 of the Army Act, and has it changed?

6 other provisions in this corpus refer back to it.

When did Section 34 of the Army Act come into force?

Section 34 of the Army Act, cited as Army Act 1950 34, 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

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.