Section 100 of The Army Act, 1950
For the purposes of sections 98 and 99, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into his conduct such as is referred to in section 96, and if he is cashiered or dismissed from the service in consequence of such conduct, until the date of such cashiering or dismissal.
Summary
- This section defines the exact timeframe during which a person is legally treated as a prisoner of war for family support purposes.
- A person is considered to remain a prisoner of war until any official inquiry into their conduct while in enemy hands is completed.
- If the inquiry results in the person being cashiered, which means dismissed with disgrace, or dismissed from the service, they are deemed a prisoner of war until the actual date of that dismissal.
- This legal timeline directly determines the duration for which family maintenance can be paid under other parts of the law.
Practical examples
FAQ
1. How long is a soldier legally considered a prisoner of war under Section 100 of the Army Act, 1950?
Under Section 100 of the Army Act, 1950, a person is deemed to be a prisoner of war until the official inquiry into their conduct is completed, or until their dismissal date if they are cashiered or dismissed.
2. What happens to a captured soldier's status under Section 100 of the Army Act if they are dismissed after an inquiry?
Under Section 100 of the Army Act, if a soldier is cashiered or dismissed due to their conduct, they are deemed to be a prisoner of war only until the date of their cashiering or dismissal.
3. Why is the duration of prisoner of war status defined in Section 100 of the military statute?
Section 100 of this military statute defines this period specifically to determine the timeframe for which financial provisions can be made for dependants under Section 98 and Section 99.
Test yourself
Q1.Under Section 100 of the Army Act, 1950, if an inquiry into a captured soldier's conduct results in dismissal, when does their legal status as a prisoner of war end for family support purposes?
Q2.How does Section 100 of the Indian Army Act, 1950 interact with Section 99 regarding family support payments?
Q3.Under Section 100 of the Army Act, 1950, what event marks the end of a soldier's deemed prisoner of war status if they are not dismissed from service?
Q4.Under Section 100 of the Army Act, 1950, what is the legal status of an army officer during an active inquiry into their conduct while they were in enemy hands?