Vidhi Codex

The Air Force Act, 1950

The Air Force Act, 1950

Defence1950195 sections16 chapters

The Air Force Act, 1950, is the primary Indian law governing the organization and discipline of the national Air Force. It applies to all officers, warrant officers, and enrolled personnel, along with reservists and civilians accompanying the force on active duty. This Act regulates recruitment, service conditions, and specific military offences such as desertion or mutiny. It is vital because it establishes a dedicated legal framework, including the court-martial system, to maintain order. By defining rights, duties, and punishments, it ensures the Air Force operates as a disciplined, unified, and accountable military body.

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Chapter I PRELIMINARY →

  1. 1Short title and commencement.
  2. 2Persons subject to this Act.
  3. 3Termination of application of the Act.
  4. 4Definitions.

Chapter III COMMISSION, APPOINTMENT AND ENROLMENT →

  1. 10Commission and appointment.
  2. 11Ineligibility of aliens for enrolment.
  3. 12Ineligibility of females for enrolment or employment.
  4. 13Procedure before enrolling officer.
  5. 14Mode of enrolment.
  6. 15Validity of enrolment.
  7. 16Persons to be attested.
  8. 17Mode of attestation.

Chapter IV CONDITIONS OF SERVICE →

  1. 18Tenure of service under the Act.
  2. 19Termination of service by Central Government.
  3. 20Dismissal, removal or reduction by Chief of the Air staff and other officers.
  4. 21Power to modify certain fundamental rights in their application to persons subject to this Act.
  5. 22Retirement, release or discharge.
  6. 23Certificate on termination of service.
  7. 24Discharge or dismissal when out of India.

Chapter V SERVICE PRIVILEGES →

  1. 25Authorised deductions only to be made from pay.
  2. 26Remedy of aggrieved airmen.
  3. 27Remedy of aggrieved officers.
  4. 28Immunity from attachment.
  5. 29Immunity from arrest for debt.
  6. 30Immunity of persons attending courts-martial from arrest.
  7. 31Privileges of reservists.
  8. 32Priority in respect of Air Force personnel's litigation.
  9. 33Saving of rights and privileges under other laws.

Chapter VI OFFENCES →

  1. 34Offences in relation to the enemy and punishable with death.
  2. 35Offences in relation to the enemy and not punishable with death.
  3. 36Offences punishable more severely on active service than at other times.
  4. 37Mutiny.
  5. 38Desertion and aiding desertion.
  6. 39Absence without leave.
  7. 40Striking or threatening superior officer.
  8. 41Disobedience to superior officer.
  9. 42Insubordination and obstruction.
  10. 43Fraudulent enrolment.
  11. 44False answers on enrolment.
  12. 45Unbecoming conduct
  13. 46Certain forms of disgraceful conduct.
  14. 47III-treating a subordinate
  15. 48Intoxication.
  16. 49Permitting escape of person in custody.
  17. 50Irregularity in connection with arrest or confinement.
  18. 51Escape from custody.
  19. 52Offences to respect of property.
  20. 53Extortion and corruption.
  21. 54Making away with equipment
  22. 55Injury to property.
  23. 56False accusation.
  24. 57Falsifying official documents and false declaration.
  25. 58Signing in blank and failure to report.
  26. 59Offences relating to courts-martial.
  27. 60False evidence
  28. 61Unlawful detention of pay.
  29. 62Offences in relation to aircraft and flying
  30. 63Other offences relating to aircraft and flying.
  31. 64Disobedience of lawful command of captain of aircraft.
  32. 65Violation of good order and air force discipline.
  33. 66Miscellaneous offences.
  34. 67Attempt.
  35. 68Abetment of offences that have been committed.
  36. 69Abetment of offences punishable with death and not committed.
  37. 70Abetment of offences punishable with imprisonment and not committed.
  38. 71Civil offences
  39. 72Civil offences not triable by court-martial.

Chapter VII PUNISHMENTS →

  1. 73Punishments awardable by courts-martial.
  2. 74Alternative punishments awardable by court-martial.
  3. 75Combination of punishments.
  4. 76Cashiering of officers
  5. 77Field punishment.
  6. 78Position of field punishment in scale of punishments
  7. 79Result of certain punishments in the case of a warrant officer or a non-commissioned officer
  8. 80Retention in the ranks of a person convicted on active service.
  9. 81Punishments otherwise than by court-martial
  10. 82Punishment of persons other than officers and warrant officers.
  11. 83Requirement of sanction in certain cases
  12. 84Limit of punishments under section 82.
  13. 85Punishments in addition to those specified in section 82
  14. 86Punishment of officers and warrant officers.
  15. 87Transmission of proceedings.
  16. 88Review of proceedings
  17. 89Superior air force authority
  18. 90Collective fines.

Chapter VIII PENAL DEDUCTIONS →

  1. 91Deductions from pay and allowances of officers.
  2. 92Deductions from pay and allowances of airmen
  3. 93Computation of time of absence of custody.
  4. 94Pay and allowances daring trial.
  5. 95Limit of certain deductions.
  6. 96Deduction from public money due to a person.
  7. 97Pay and allowances of prisoner of war during inquiry into his conduct.
  8. 98Remission of deductions.
  9. 99Provision for dependants of prisoner of war from remitted deductions.
  10. 100Provision for dependants of prisoner of war from his pay and allowances.
  11. 101Period during which a person is deemed to be a prisoner of war

Chapter X COURTS-MARTIAL →

  1. 109Different kinds of courts-martial.
  2. 110Power to convene a general court-martial.
  3. 111Power to convene a district court-martial.
  4. 112Contents of warrants issued under sections 110 and 111
  5. 113Power to convene a summary general court-martial.
  6. 114Composition of general court-martial.
  7. 115Composition of district court-martial.
  8. 116Composition of summary general court-martial.
  9. 117Dissolution of court-martial.
  10. 118Powers of general and summary general courts-martial.
  11. 119Powers of district Court-martial.
  12. 120Prohibition of second trial.
  13. 121Period of limitation for trial.
  14. 122Liability of offender who ceases to be subject to Act.
  15. 123Place of trial
  16. 124Choice between criminal court and court-martial.
  17. 125Power of criminal court to require delivery of offender.
  18. 126Successive trials by a criminal, court and a court-martial.

Chapter XI PROCEDURE OF COURTS-MATRIAL →

  1. 127Presiding Officer.
  2. 128Judge Advocate.
  3. 129Challenges
  4. 130Oaths of member, Judge advocate and witness.
  5. 131Voting by members
  6. 132General rule as to evidence.
  7. 133Judicial notice.
  8. 134Summoning witnesses
  9. 135Documents exempted from production.
  10. 136Commissions for examination of witnesses.
  11. 137Examination of a witness on commission.
  12. 138Conviction of offence not charged.
  13. 139Presumption as to signatures.
  14. 140Enrolment paper.
  15. 141Presumption as to certain documents.
  16. 142Reference by accused to Government officer.
  17. 143Evidence of previous convictions and general character
  18. 144Lunacy of accused
  19. 145Subsequent fitness of lunatic accused for trial.
  20. 146Transmission to Central Government of orders under section 145.
  21. 147Release of lunatic accused.
  22. 148Delivery of lunatic accused to relatives
  23. 149Order for custody and disposal of property pending trial
  24. 150Order for disposal of property regarding which offence is committed
  25. 151Powers of courts-martial when certain offences are committed by persons not subject to this Act.

Chapter XII CONFIRMATION AND REVISION →

  1. 152Finding and sentence not valid, unless confirmed.
  2. 153Power to confirm finding and sentence of general court-martial.
  3. 154Power to confirm finding and sentence of district court-martial.
  4. 155Limitation of powers of confirming authority
  5. 156Power to confirm finding and sentence of summary general courts- martial.
  6. 157Power of confirming authority to mitigate, remit or commute sentences.
  7. 158Confirming of findings and sentences on board a ship.
  8. 159Revision of finding or sentence.
  9. 160Alteration of finding or sentence in certain cases
  10. 161Remedy against order, finding or sentence of court-martial.
  11. 162Annulment of proceedings.

Chapter XIII EXECUTION OF SENTENCES →

  1. 163Form of sentence of death
  2. 164Commencement of sentence of transportation or imprisonment.
  3. 165Execution of sentence of transportation.
  4. 166Execution of sentence of imprisonment.
  5. 167Temporary custody of offender.
  6. 168Execution of sentence of imprisonment in special cases.
  7. 169Conveyance of prisoner from place to place.
  8. 170Execution of sentence of detention.
  9. 171Communication of certain orders to prison officers.
  10. 172Execution of sentence of fine
  11. 173Establishment and regulation of air force prisons.
  12. 174Informality or error in the order or warrants.
  13. 175Power to make rules in respect of prisons and prisoners.
  14. 176Restriction of rule-making power in respect to corporal punishment.

Chapter XIV PARDONS REMISSIONS AND SUSPENSIONS →

  1. 177Pardon and remission.
  2. 178Cancellation of conditional pardon, release on parole or remission.
  3. 179Reduction of warrant officer or non-commissioned officer
  4. 180Suspension of sentence of transportation, imprisonment or detention.
  5. 181Orders pending suspension.
  6. 182Release on suspension.
  7. 183Computation of period of suspension.
  8. 184Order after suspension.
  9. 185Reconsideration of case after suspension
  10. 186Fresh sentence after suspension.
  11. 187Scope of power of suspension
  12. 188Effect of suspension and remission on dismissal.

Chapter XV RULES →

  1. 189Power to make rules.
  2. 190Power to make regulations
  3. 191Publication of rules and regulations in Gazette.
  4. 191ALaying of rules and regulations before Parliament.
  5. 192Repealed.

Chapter XVI TRANSITORY PROVISIONS →

  1. 193Definition of British officer.
  2. 194Powers of British officer.

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES →

  1. 5Application of Act to certain forces under the Central Government.
  2. 6Special provision as to rank in certain cases.
  3. 7Commanding Officer of person subject to Air Force law under clause (d) of section 2.
  4. 8Officers exercising powers in certain cases.
  5. 9Power to declare persons to be on active service.

ARREST AND PROCEEDINGS BEFORE TRIAL →

  1. 102Custody of offenders
  2. 103Duty of commanding officer in regard to detention.
  3. 104Interval between committal and court-martial
  4. 105Arrest by civil authorities.
  5. 106Capture of deserters.
  6. 107Inquiry into absence without leave.
  7. 108Provost-marshals.

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