Section 151 of The Army Act, 1950
Order for disposal of property regarding which offence is committed.
- (1)After the conclusion of a trial before any court-martial, the Court or the officer confirming the finding or sentence of such court-martial, or any authority superior to such officer, or, in the case of a court-martial whose finding or sentence does not require confirmation, the officer commanding the army, army corps, division or brigade within which the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the Court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence.
- (2)Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the 1[Code of Criminal Procedure, 1973 (2 of 1974)], or any corresponding law in force in 2[the State of Jammu and Kashmir*].
- (3)In this section the term property includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.
Summary
- Section 151 of the army law regulates the final disposal of property and documents after a court-martial trial concludes.
- The authority to order disposal lies with the court-martial, the confirming officer, any superior authority, or the commanding officer of the army, army corps, division, or brigade if no confirmation is required.
- Disposal of property or documents can be ordered by destruction, confiscation, delivery to any person claiming to be entitled to possession, or otherwise.
- A signed and certified copy of the disposal order can be sent to a local magistrate to carry it into effect in civil jurisdiction.
- The term "property" is defined broadly to include the original property, anything it was converted or exchanged into, and anything acquired through such conversion or exchange.
Practical examples
FAQ
1. Who can make a disposal order under Section 151 of The Army Act, 1950 after a trial ends?
Under Section 151 of The Army Act, 1950, the order can be made by the court-martial, the confirming officer, any superior authority, or the commanding officer of the army, army corps, division, or brigade if no confirmation is required.
2. What methods of disposal are permitted under Section 151 of The Army Act, 1950?
Under Section 151 of The Army Act, 1950, property or documents can be disposed of by destruction, confiscation, delivery to any person claiming to be entitled to possession, or otherwise.
3. How does a civil magistrate assist in executing an order under Section 151 of the 1950 Army Act?
Under Section 151 of the 1950 Army Act, a signed and certified copy of the order can be sent to a magistrate, who will carry it into effect as if it were an order passed by him under the Code of Criminal Procedure.
4. What is the definition of "property" under Section 151 of the Army Act of 1950?
Under Section 151 of the Army Act of 1950, "property" includes the original property, any property into or for which it was converted or exchanged, and anything acquired by such conversion or exchange.
Test yourself
1.Under Section 151 of The Army Act, 1950, which of the following is NOT authorized to make a post-trial property disposal order?
2.If a court-martial trial does not require confirmation, who has the power to order the disposal of property under Section 151 of the 1950 Army Act?
3.Under Section 151 of the Army Act of 1950, how does a civil magistrate enforce a military court's property disposal order?
4.Under Section 151 of The Army Act, 1950, if stolen government gold is melted down and converted into silver coins, can the court-martial order the disposal of those silver coins?
5.Under Section 150 and Section 151 of the 1950 Army Act, how does the timing and authority of a property order under Section 150 differ from an order under Section 151?