Section 107 of The Army Act, 1950
- (1)Provost-marshals may be appointed by 1[the Chief of the Army Staff] or by any prescribed officer.
- (2)The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the regular Army.
- (3)A provost-marshal may act any time arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a court-martial, or by an officer exercising authority under section 80 but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.
- (4)For the purposes of sub-sections (2) and (3), a provost-marshal shall be deemed to include a provost-marshal appointed under any law for the time being in force relating to the Government of the Navy or Air Force, and any person legally exercising authority under him or on his behalf.
Summary
- It allows the Chief of the Army Staff or a prescribed officer, who is an officially designated officer, to appoint provost-marshals, who act as military police officers.
- It charges provost-marshals with maintaining discipline, keeping good order, and taking charge of confined offenders.
- It gives provost-marshals the power to arrest and detain any person subject to the Act who is charged with an offence.
- It permits them to carry out punishments ordered by courts-martial, which are military courts, or commanding officers under Section 80.
- It explicitly forbids provost-marshals from handing down or inflicting punishments on their own authority.
- It protects officers by stating they cannot be arrested or detained by a provost-marshal without another officer's order.
Practical examples
FAQ
1. Who has the authority to appoint a provost-marshal under Section 107 of The Army Act, 1950?
Under Section 107 of The Army Act, 1950, provost-marshals may be appointed by the Chief of the Army Staff or by any prescribed officer.
2. Can a provost-marshal punish a soldier on their own authority under Section 107 of The Army Act, 1950?
No, under Section 107 of The Army Act, 1950, a provost-marshal is explicitly forbidden from inflicting any punishment on their own authority. They can only execute punishments ordered by a court-martial or an authorized officer under Section 80.
3. Can a provost-marshal arrest an army officer under Section 107 of The Army Act, 1950?
Yes, but under Section 107 of The Army Act, 1950, a provost-marshal cannot arrest or detain an officer unless they receive a specific order from another officer.
4. Does a provost-marshal under Section 107 of The Army Act, 1950 include naval or air force provost-marshals?
Yes, under Section 107 of The Army Act, 1950, for the purposes of maintaining order and making arrests, a provost-marshal includes those appointed under navy or air force laws, as well as anyone legally acting on their behalf.
Test yourself
Q1.Under Section 107 of The Army Act, 1950, who is authorized to appoint a provost-marshal?
Q2.Under Section 107 of The Army Act, 1950, which of the following actions is a provost-marshal strictly prohibited from doing?
Q3.Under Section 107 of The Army Act, 1950, what is the special rule if a provost-marshal needs to arrest or detain a military officer?
Q4.Under Section 107 of The Army Act, 1950, which of the following is NOT one of the duties assigned to a provost-marshal?