Punishments awardable by courts-martial
Section 71 of the Army Act, 1950 deals with punishments awardable by courts-martial. Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by courts-martial, according to the scale following, that is to say,-- (a) death; The Act came into force on 22 Jul 1950.
Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by courts-martial, according to the scale following, that is to say,--
(a) death;
(b) transportation for life or for any period not less than seven years;
(c) imprisonment, either rigorous or simple, for any period not exceeding fourteen years;
(d) cashiering, in the case of officers;
(e) dismissal from the service;
(f) reduction to the ranks or to a lower rank or grade or place in the list of their rank, in the case of warrant officers; and reduction to the ranks or to a lower rank or grade, in the case of noncommissioned officers:
Provided that a warrant officer reduced to the ranks shall not be required to serve in the ranks as a sepoy;
(g) forfeiture of seniority of rank, in the case of officers, junior commissioned officers, warrant officers and non-commissioned officers; and forfeiture of all or any part of their service for the purpose of promotion, in the case of any of them whose promotion depends upon length of service;
(h) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose;
(i) severe reprimand or reprimand, in the case of officers, junior commissioned officers, warrant officers and non-commissioned officers;
(j) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active service;
(k) forfeiture in the case of a person sentenced to cashiering or dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such cashiering or dismissal;
(l) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good.
Section 71, 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.
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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… Finally, it was concluded that the nature and content of both the impositions is different and there is no inconsistency between Section 71 (h) and Regulation 16 (a). 10. In Union of India v. P.D. Yadav (supra) it was held by this Court that punishment imposed under Section 71 of the Army Act and order passed under Regulation 16 (a) of the Pension Regulations are entirely different. The submission made that imposition of punishment under Section 71 of the Army Act and passing of an order under Regulation 16 (a) would result in double jeopardy was not accepted by this Court. 11. …
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… Finally, it was concluded that the nature and content of both the impositions is different and there is no inconsistency between Section 71 (h) and Regulation 16 (a). 10. In Union of India v. P.D. Yadav (supra) it was held by this Court that punishment imposed under Section 71 of the Army Act and order passed under Regulation 16 (a) of the Pension Regulations are entirely different. The submission made that imposition of punishment under Section 71 of the Army Act and passing of an order under Regulation 16 (a) would result in double jeopardy was not accepted by this Court. 11. …
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… and therefore the same ought to have been set aside by the High Court. 4.6 It is further submitted that the exercise of the administrative powers by respondent no.3 under Section 20 of the Army Act read with Rule 17 of the Army Rules after the conclusion of the Summary Court Martial and award of sentence under Section 71 of the Army Act for the very charge sheet/grounds for which the Summary Court Martial was conducted, is wholly illegal and without jurisdiction. 4.7 In support of his submissions, learned counsel appearing on behalf of the appellant has relied upon a decision of this Court in the case of State of Madhya Pradesh …
Questions about Section 71
What does Section 71 of the Army Act deal with?
Section 71 of the Army Act is headed "Punishments awardable by courts-martial". Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by courts-martial, according to the scale following, that is to say,-- (a) death;
How do I find court cases under Section 71 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 71, section 71 Army Act 1950, section 71 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 71 of the Army Act, and has it changed?
4 other provisions in this corpus refer back to it.
When did Section 71 of the Army Act come into force?
Section 71 of the Army Act, cited as Army Act 1950 71, 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 14 Oct 2026. This page is not a substitute for legal advice.