Section 52 of The Army Act, 1950
Any person subject to this Act who commits any of the following offences, that is to say,--
- (a)commits theft of any property belonging to the Government, or to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law; or
- (b)dishonestly misappropriates or converts to his own use any such property; or
- (c)commits criminal breach of trust in respect of any such property; or
- (d)dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or
- (e)wilfully destroys or injures any property of the Government entrusted to him; or
- (f)does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
Summary
- This defense law deals with six types of offenses involving government property or property belonging to military, naval, or air force institutions and personnel.
- It outlaws theft of any such property, dishonest misappropriation, or converting it for one's own personal use.
- It punishes criminal breach of trust, which is abusing a position of trust to misuse property.
- It targets anyone who dishonestly receives or keeps property, knowing or believing that it was stolen, misappropriated, or part of a breach of trust.
- It covers the wilful destruction or damage of government property that was specifically entrusted to a person's care.
- It forbids doing any other act with the intent to defraud, or to cause wrongful gain to one person or wrongful loss to another.
- The maximum punishment for any of these property-related offences is ten years of imprisonment.
Practical examples
FAQ
1. What types of property are protected under Section 52 of the Army Act, 1950?
Under Section 52 of the Army Act, 1950, the law protects property belonging to the Government, any military, naval, or air force mess, band, or institution, as well as property belonging to any person subject to military, naval, or air force law.
2. What is the maximum prison sentence for theft of Government property under Section 52 of the Army Act, 1950?
Under Section 52 of the Army Act, 1950, the maximum punishment for theft, dishonest misappropriation, criminal breach of trust, or wilful destruction of Government property is ten years of imprisonment.
3. Is receiving stolen military goods covered under Section 52 of the Army Act, 1950?
Yes, Section 52 of the Army Act, 1950 specifically punishes anyone who dishonestly receives or retains property, knowing or having reason to believe that it was stolen, misappropriated, or obtained through a criminal breach of trust.
Test yourself
Q1.Under Section 52 of the Army Act, 1950, which of the following is NOT a specified category of owner whose property is protected under the theft clause?
Q2.Under Section 52 of the Army Act, 1950, what is the maximum term of imprisonment that can be awarded for committing criminal breach of trust in respect of Government property?
Q3.Under Section 52 of the Army Act, 1950, what mental state must be proved to convict someone of receiving or retaining stolen property?
Q4.Under Section 52 of the Army Act, 1950, what specific action must be proved to convict a person of destroying or injuring Government property?