Section 178 of The Army Act, 1950
Restriction of rulemaking power in regard to corporal punishment.
Rules made under section 177 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under the law for the time being in force relating to civil prisons.
Summary
- Restricts the rule-making power granted to the Central Government under Section 177.
- Prohibits any rules from authorizing the infliction of corporal punishment, which means physical beatings or whipping, for any offence.
- Prevents rules from making imprisonment in a military prison more severe than imprisonment in a civil prison under the law.
Practical examples
FAQ
1. Does Section 178 of the Army Act, 1950 allow whipping as a punishment in military prisons?
No, Section 178 of the Army Act, 1950 strictly forbids any rules from authorizing corporal punishment, which includes whipping or any other form of physical beatings, for any offence.
2. Can military prison rules make a soldier's confinement harsher than a civilian prison under Section 178 of the Army Act, 1950?
No, Section 178 of the Army Act, 1950 explicitly states that rules cannot render military imprisonment more severe than confinement is under the law in force for civil prisons.
3. How does Section 178 of the Army Act, 1950 limit the power of the Central Government under Section 177?
While Section 177 of the Army Act, 1950 gives the Central Government power to make prison rules, Section 178 acts as a strict check by prohibiting rules that allow corporal punishment or make confinement more severe than in civil prisons.
Test yourself
1.Under Section 178 of the Army Act, 1950, what type of punishment is absolutely prohibited from being authorized by military prison rules?
2.Under Section 178 of The Army Act, 1950, how does the severity of military imprisonment compare to civil imprisonment?
3.Under Section 178 of the Army Act, 1950, which of the following is true regarding the relationship between the rule-making powers in Section 177 and the restrictions in Section 178?
4.Under Section 178 of the Army Act, 1950, if a new military prison rule is drafted that allows guards to physically strike rioting prisoners as a form of disciplinary correction, such a rule is: