Unbecoming conduct
Section 45 of the Army Act, 1950 deals with unbecoming conduct. Any officer, junior commissioned officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; The Act came into force on 22 Jul 1950.
Any officer, junior commissioned officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and, if he is a junior commissioned officer or a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned.
Section 45, The Army Act, 1950 (Act 46 of 1950).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Joseph Shine v. Union of India (clarification)
Court's Decision & Legal Precedent
Joseph Shine striking down IPC 497 does not bar Armed Forces disciplinary action under Army Act ss.45/63 (and cognate Air Force provisions) for unbecoming conduct / good order; Art.33 places Forces in a distinct class. DATE VERIFIED Judgement 2023-01-31 (order-6.pdf).
On this section: Unbecoming-conduct court-martial liability survives Joseph Shine IPC 497 strike-down for Forces under Art.33.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 45
What have the courts held on Section 45 of the Army Act?
Joseph Shine v. Union of India (clarification) (31 Jan 2023) is the leading judgment on this section among those set out below: Unbecoming-conduct court-martial liability survives Joseph Shine IPC 497 strike-down for Forces under Art.33.
How do I find court cases under Section 45 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 45, section 45 Army Act 1950, section 45 of the Army Act. People searching for it also type army act 1950 section 45. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Joseph Shine v. Union of India (clarification) (31 Jan 2023).
When did Section 45 of the Army Act come into force?
Section 45 of the Army Act, cited as Army Act 1950 45, 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.