Section 103 of The Army Act, 1950
In every case where any such person as is mentioned in section 101 and as is not on active service remains in such custody for a longer period than eight days, without a court-martial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed, and a similar report shall be forwarded at intervals of every eight days until a court- martial is assembled or such person is released from custody.
Summary
- If an accused person who is not on active service remains in military custody for more than eight days without a court-martial being ordered, a special delay report is required.
- The commanding officer must write this special report explaining the specific reasons for the delay in assembling the court-martial.
- This report must be sent by the commanding officer and repeated at intervals of every eight days.
- The reporting cycle continues until either a court-martial is assembled for the trial or the accused person is released from custody.
- This provision applies specifically to persons taken into military custody under Section 101 who are not serving under active operational conditions.
Practical examples
FAQ
1. When is a commanding officer required to submit a special delay report under Section 103 of the Army Act?
Under Section 103 of the Army Act, a commanding officer must submit a special delay report if an accused person who is not on active service remains in military custody for more than eight days without a court-martial being ordered.
2. How often must the delay report be forwarded under Section 103 of the Army Act, 1950?
Under Section 103 of the Army Act, 1950, a similar delay report must be forwarded at intervals of every eight days until the court-martial compiles or the accused is released.
3. Does Section 103 of this defense law apply to soldiers who are on active service?
No, under Section 103 of this defense law, the eight-day delay reporting requirement only applies when the accused person in military custody is not on active service.
4. When does the requirement to send reports every eight days stop under Section 103 of the Army Act?
Under Section 103 of the Army Act, the reporting stops when a court-martial is assembled for the trial of the accused or when the accused is released from custody.
Test yourself
Q1.Under Section 103 of the Army Act, 1950, what is the maximum number of days an accused soldier, who is not on active service, can be held in custody before the commanding officer must submit a special report explaining the delay in calling a court-martial?
Q2.Under Section 103 of the Army Act, 1950, how frequently must the commanding officer send follow-up delay reports if the accused remains in custody without a trial?
Q3.Under Section 103 of the Army Act, 1950, which of the following conditions exempts a soldier in military custody from the eight-day delay reporting requirement?
Q4.If an offender is taken into military custody under Section 101 of the Army Act, 1950, how do Section 102 and Section 103 work together to regulate their pre-trial detention in a peace station?