Section 70 of The Army Act, 1950
Civil offence not triable by court-martial.
A person subject to this Act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this Act and shall not be tried by a court-martial, unless he commits any of the said offences--
- (a)while on active service, or
- (b)at any place outside India, or
- (c)at a frontier post specified by the Central Government by notification in this behalf. 1* * * * *
Summary
- A person subject to this Act who commits murder, culpable homicide not amounting to murder, or rape, against a civilian, meaning a person not subject to military, naval, or air force law, is not deemed guilty of an offence under this Act.
- In normal circumstances, such a person cannot be tried by a military court-martial for these specific offences.
- An exception is made if the offence is committed while the person is on active service.
- The remaining text of this section is omitted from the provided source excerpts, but the active service exception is explicitly visible.
Practical examples
FAQ
1. Can a soldier who commits murder against a civilian in India be tried by an Army court-martial under the Army Act, 1950?
Under Section 70 of the Army Act, 1950, a court-martial cannot try a soldier for murdering a civilian unless the offence was committed while the soldier was on active service.
2. Which three civil crimes committed against civilians are restricted from court-martial trials under Section 70 of the Army Act, 1950?
Under Section 70 of the Army Act, 1950, the restricted crimes are murder, culpable homicide not amounting to murder, and rape.
3. Does the restriction on court-martial trials under Section 70 of the Army Act, 1950 apply if the victim is another soldier?
No, Section 70 of the Army Act, 1950 only restricts trials when the offence is committed against a person not subject to military, naval, or air force law.
Test yourself
1.Under Section 70 of the Army Act, 1950, which of the following offences committed against a civilian is restricted from being tried by a court-martial in normal circumstances?
2.Under Section 70 of the Army Act, 1950, a court-martial can try a person subject to the Act for committing murder against a civilian if the crime was committed under which of the following conditions?
3.Under Section 70 of the Army Act, 1950, if a soldier commits culpable homicide against another person who is subject to military law, can they be tried by a court-martial?
4.Under Section 70 of the Army Act, 1950, what is the legal status of a soldier who commits rape against a civilian in a peaceful Indian town during peacetime?