Section 114 of The Army Act, 1950
A district court-martial shall consist of not less than three officers, each of whom has held a commission for not less than two whole years.
Summary
- A district court-martial must consist of at least three officers as members.
- Every officer serving on this military court must have held a commission for at least two whole years.
- This provision ensures that only officers with a minimum level of service and experience can sit on the panel of a district court-martial.
Practical examples
FAQ
1. What is the minimum number of officers required to form a district court-martial under Section 114 of the Army Act, 1950?
Under Section 114 of the Army Act, 1950, a district court-martial must consist of not less than three officers.
2. Can an officer who has held a commission for eighteen months serve on a district court-martial under Section 114 of the Army Act, 1950?
No, under Section 114 of the Army Act, 1950, every officer on the court must have held a commission for not less than two whole years.
3. Does Section 114 of the Army Act, 1950, allow junior commissioned officers to be counted toward the minimum three-member requirement for a district court-martial?
No, Section 114 of the Army Act, 1950, specifically requires officers to make up the panel, which by definition under the Act excludes junior commissioned officers.
Test yourself
Q1.Under Section 114 of the Army Act, 1950, what is the minimum number of officers required to compose a district court-martial?
Q2.Under Section 114 of the Army Act, 1950, what is the minimum period of time that an officer must have held a commission to serve on a district court-martial?
Q3.Under the military trial rules in Section 114 of the Army Act, 1950, who can serve as a member of a district court-martial?
Q4.If a district court-martial is convened with three officers, but one officer has held a commission for only one and a half years, what is the status of the court under Section 114 of the Army Act, 1950?