Section 50 of The Army Act, 1950
Irregularity in connection with arrest or confinement.
Any person subject to this Act who commits any of the following offences, that is to say,--
- (a)unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or
- (b)having committed a person to military custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours. thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
Summary
- This military law punishes officers or soldiers who unnecessarily detain a person in arrest or confinement without bringing them to trial.
- It also targets anyone who fails to bring a detained person's case before the proper authority for investigation.
- It makes it an offence to commit a person to military custody and fail to deliver a signed written account of the charge within forty-eight hours.
- The written account of the charge must be delivered to the custodian at the time of committal or as soon as practicable, with forty-eight hours being the absolute limit.
- The maximum penalty for violating these custody rules is two years of imprisonment.
Practical examples
FAQ
1. What is Section 50 of the Army Act, 1950 about?
Section 50 of the Army Act, 1950 is designed to prevent unlawful and prolonged detention in the military. It punishes anyone who unnecessarily detains a person without bringing them to trial or fails to deliver a written charge sheet within forty-eight hours of placing someone in military custody.
2. Under Section 50 of the Army Act, 1950, what is the time limit for delivering a written charge sheet after committing someone to custody?
Under Section 50 of the Army Act, 1950, a signed written account of the offence must be delivered to the custodian at the time of committal or as soon as practicable, and in any case within forty-eight hours.
3. What is the maximum imprisonment for violating Section 50 of the Army Act, 1950?
Under Section 50 of the Army Act, 1950, any person convicted of unnecessary detention or failing to provide a written charge account within the time limit faces a maximum of two years of imprisonment.
Test yourself
1.Under Section 50 of the Army Act, 1950, what is the absolute time limit within which an arresting officer must deliver a signed written account of the charge to the custodian?
2.Under Section 50 of the Army Act, 1950, what is the maximum term of imprisonment that can be awarded for unnecessarily detaining a person in arrest without bringing them to trial?
3.Under Section 50 of the Army Act, 1950, which of the following is required to be delivered to the officer or person taking custody of an arrested individual?
4.Under Section 50 of the Army Act, 1950, who can be punished for failing to bring a detained soldier's case before the proper authority for investigation?