Section 182 of The Army Act, 1950 in hindi
Suspension of sentence of transportation or imprisonment.
- (1)Where a person subject to this Act is sentenced by a court-martial to transportation or imprisonment, the Central Government, 1the Chief of the Army Staff] or any officer empowered to convene a general or a summary general court-martial may suspend the sentence whether or not the offender has already been committed to prison or to military custody.
- (2)The authority or officer specified in sub-section (1) may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained the offender shall not be committed to prison or to military custody.
- (3)The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted.
Summary
- This section allows the suspension of any sentence of transportation, which is forced relocation, or imprisonment given by a court-martial.
- The power to suspend these sentences is given to the Central Government, the Chief of the Army Staff, or any officer empowered to convene a general or summary general court-martial.
- Suspension can be ordered whether or not the offender has already been sent to prison or is currently held in military custody.
- The authorized officials can also direct that the offender should not be committed to prison or custody until their suspension orders are obtained.
- This power of suspension can still be used even if the original court-martial sentence has already been confirmed, reduced, or commuted to a different punishment.
Practical examples
FAQ
1. Who has the authority to suspend a prison sentence under Section 182 of the Army Act, 1950?
Under Section 182 of the Army Act, 1950, the suspension of a sentence of transportation or imprisonment can be ordered by the Central Government, the Chief of the Army Staff, or any officer who has the power to convene a general or a summary general court-martial.
2. Can a sentence be suspended under Section 182 of the Army Act, 1950 if the offender is already in prison?
Yes, under Section 182 of the Army Act, 1950, a sentence can be suspended whether or not the offender has already been committed to prison or to military custody.
3. Can an officer prevent a soldier from being sent to prison while waiting for a suspension decision under Section 182 of the Army Act, 1950?
Yes, under Section 182 of the Army Act, 1950, the authorized officer may direct that, until their orders are obtained, the offender shall not be committed to prison or military custody.
4. Does the suspension power under Section 182 of the Army Act, 1950 apply if a sentence was already commuted?
Yes, Section 182 of the Army Act, 1950 states that the powers of suspension can be exercised even if the sentence has already been confirmed, reduced, or commuted.
Test yourself
1.Under Section 182 of the Army Act, 1950, which of the following authorities has the power to suspend a court-martial sentence of imprisonment?
2.Under Section 182 of the Army Act, 1950, when can an authorized officer suspend a sentence of transportation or imprisonment?
3.Under Section 182 of the Army Act, 1950, which of the following sentences can be suspended by the authorized military authorities?
4.Under Section 182 of the Army Act, 1950, which of the following states of a sentence prevents the authorized authority from exercising their suspension power?