CHAPTER III. SENTENCES. Article 130.-Sentences of general courts-martial. Article 131.-Dismissal. Article 132.-Reduction, dismissal, corporal punishment and imprisonment. Article 133.-Solitary confinement. Article 134.-Reduction of non-commissioned officers to ranks. Article 135.-Forfeiture of pay and pension. Article 136.-Stoppage of good-conduct pay on conviction, Article 137.-Forfeiture of arrears of pay. Article 138.-Stoppages. Article 139.-Extent of stoppages. Article 140.-Sentence of transportation or imprisonment on person already sentenced. Article 141.-Form of sentence of death. CHAPTER IV, CONFIRMATION AND COMMUTATION OF SENTENCES, Articles 142 to 149.-[Repealed.] CHAPTER V. EXECUTION OF SENTENCES, Article 150.-Transportation. Article 151.-Imprisonment with hard labour. Article 152.-Place of imprisonment. Article 153.-Transfer to military custody. Article 154.-Forfeiture of pay during imprisonment. Article 155.-Striking convict off strength of regiment, CHAPTER VI. PARDONS AND REMISSIONS. Article 160.-Pardons and remissions. Article 161.-Release of prisoners. Preservation of Proceedings. Article 161 A.-Preservation of proceedings of courts-martial, CHAPTER VII. REGIMENTAL COURTS OF ENQUIRY. Article 162.-Enquiry on absence of person subject to Articles, TITLE IV. POWERS OF OFFICERS INDEPENDENTLY OF TRIAL. Article 164.-Reduction to lower grade or ranks. Article 165.-Minor punishments. Article 166.-Offences of native followers. Article 167.-Complaints against officers. Article 168.-Provost-marshals. Article 169.-Their duties and powers. TITLE V. NON-MILITARY OFFENCES. Offences of which any person is accused within jurisdiction of Article 170.-Offences of which any person is accused within jurisdiction of Civil Offences. Article 171.-Military jurisdiction with respect to civil offences. Article 174.-Jurisdiction over certain offences. Article 175.-Power of Criminal Court to require delivery of offender. TITLE VI. PROPERTY OF DECEASED PERSONS AND DESERTERS. Article 176.-Property of deceased persons, deserters and lunatics. Article 177.-Disposal of certain property without production of probate, etc. Article 178.-Meaning of desertion in Article 176. Article 179.-Application of Article 176 to lunatics. PART III. MISCELLANEOUS. Article 180.-Prohibition of second trial. Article 181.-Exemption from arrest for debt. Article 182.-Property exempted from attachment. Article 183.-Application of the last two foregoing articles to reservists. Article 184.-Priority of hearing by courts of cases in which Native officers and soldiers are concerned. Article 185.-Capture of deserters. Article 186.-Apprehension of military offenders. Article 187.-Presumption as to signatures. Article 188.-Portions of the forces under an Army Command. Article 189.-Saving of authority of Commander-in-Chief in India. Article 190.-Power to make rules. Article 191.-Powers to apply Articles to certain forces under the Government of India. APPENDIX. THE SECOND APPENDIX. SCHEDULE. ACT No. V of 1869.1 [26th February, 1869.] An Act to consolidate and amend the Articles of War for the Government of Her Majesty's Native Indian Forces. PREAMBLE. WHEREAS it is expedient to consolidate and amend the Articles of War 1 For the Statement of Objects and Reasons, see Gazette of India, 1868, p. 1648; for Proceedings in Council, see ibid, 1868, Supplement, pp. 892 and 107, and ibid, 1869, Supplement, p. 301. The Act has been applied to Upper Burma generally (except the Shan States) by the Upper Burma Laws Act, 1886 (XX of 1886), s. 6, printed, Burma (ode, Ed. 1889, p. 364. The Act, as amended by the Indian Articles of War Amendment Act, 1894 (XII of 1894), is in force in the Shan States, see schedule to the Shan States Laws and Criminal Justice Order, 1895. Burma Gazette, 1895, Pt. I, p. 262. It has been applied to the Santhal Parganas by the Santhal Parganas Settlement Regulation (III of 1872), s. 3, as amended by the Santhal Parganas Laws Regulation, 1886 (III of 1886), printed, Bengal Code, Vol. I, Ed. 1889, p. 597; to the Arakan Hill District by the Arakan Hill District Laws Regulation, 1874 (IX of 1874), s. 3, printed, Burma Code, Ed. 1889, p. 354; to British Baluchistan by the British Baluchistau Laws Regulation, 1890 (I of 1890), s. 8, printed, Baluchistan Code, Ed. 1890, p. 69; and to Angul and the Khondmals by the Angul District Regulation, 1894 (1 of 1894), s. 3. It has been declared, by notification under s. 3 (a) of the Scheduled Districts Act, 1874 (XIV of 1874), printed, infra, p. 467, to be in force in the Districts of Hazaribagh, Lohardaga [including the present district of Palamau, separated in 1894] and Mánbhum, and Pargana Dhalbhum and the Kolbán in the District of Singbmhum, see Gazette of India, 1881, Pt. I, p. 504. Affidavits and declarations in writing, when made as a condition of enlistment under these Articles are exempt from stamp-duty, see clause 1 of Sch. II to the Indian Stamp Act, 1879 (I of 1879), a revised edition of which, as modified up to 1st July, 1894, has been published by the Legislative Department. The pay and allowances of persons to whom these Articles apply are exempt from attachment and sale in execution of a decree, see proviso (i) to s. 266, Code of Civil Procedure Act (XIV of 1882), printed, General Acts, Vol. IV. As to arrest of deserters without warrant, see clause sixthly of 8. 54 of the Code of Criminal Procedure, 1898 (Act V of 1898). The Iudian Oaths Act, 1873 (X of 1873), does not apply to proceedings before Courts-martial, see s. 3, printed, infra, p. 411. (Part 1-Preliminary.) for the government of the Native officers, soldiers and other persons in Her Majesty's Indian Army; It is hereby enacted as follows: PART I. PRELIMINARY. (a).-Short Tille. This Act may be called the Indian Articles of War. (b).-Commencement of Act. This Act shall come into operation on the first day of June, 1869. (c).-Repeal of Enactments. [Repealed by Act XII of 1894, 8. 2.] (d).-Application of Articles. These Articles shall apply to all— (a) persons to whom they actually apply at present; () persons commissioned or gazetted as Native officers, or gazetted as warrant officers, of Her Majesty's Indian Forces; (c) medical subordinates; (d) persons attested under these Articles; (e) unattested recruits; (f) persons enrolled under these Articles; (9) persons, not otherwise subject to military law, who, on active service in camp, on the march, or at any frontier post specified by the Governor General in Council by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of, Her Majesty's Indian Forces: Provided as follows: If any person claims to belong to a class to which the Army Act is, and 44 & 45 Vict., c. 584. these Articles are not, applicable, the burden of proving that he belongs to that class shall lie upon him. 1 In Part I no marginal notes have been supplied, as the several headings take the place of such notes. 2 This clause was substituted for the original cl. (d) by the Indian Articles of War Amendment Act, 1894 (XII of 1894), s. 3. The original clause consisted of a list of persons to whom the Articles were applicable, but without the proviso, 3 Printed in the Supplement to the Collection of Statutes relating to India, Ed. 1881, p. 22, (Part I.-Preliminary.) 1(e).-Definitions. In these Articles, unless there is something repugnant in the subject or context, (1) "notification" means a notification published in the official Gazette : (2) "prescribed" means prescribed by rules made by the Governor General in Council or by any authority empowered by him in this behalf: (3) "British officer" means an officer holding a commission in Her Majesty's land forces, but does not include an honorary commissioned officer: (4) "Native officer " means an officer commissioned or gazetted as an officer holding a Native rank in Her Majesty's Indian Forces: (5) "officer means a British officer or Native officer, but does not include a warrant officer or non-commissioned officer: (6) "medical subordinate" means a senior hospital assistant, a hospital assistant of the first, second or third class, and a sub-hospital assistant, but does not include au officer: (7) "superior officer" when used in relation to a person subject to these Articles, includes a warrant officer, a non-commissioned officer and an acting non-commissioned officer: (8) "soldier" includes a non-commissioned officer and any armed person doing duty in the ranks of Her Majesty's Indian Forces : (9) recruit" means a person enlisted for enrolment in any corps or department as a soldier: (10) "corps" means a unit of command, such as a regiment of cavalry, a regiment or battalion of infantry, a battery of artillery, and any other separate body of troops which is declared by the Governor General in Council by general or special order to be a corps for the purposes of these Articles ; it also includes an army hospital corps and a transport corps: (11) "department" includes any division or branch of a department: (12) "military reward" means any gratuity or annuity for long service or good conduct; it also includes any good-conduct pay or pension and any other pecuniary reward: (13) "enemy "includes all armed mutineers, armed rebels, armed rioters and pirates: (14) "active service," as applied to a person subject to these Articles, means the time during which such person is attached to or forms part of a force which is engaged in operations against an enemy, or is engaged in This clause was substituted for the original cl, (e) by the Indiau Articles of War Amendment Act, 1894 (XII of 1894), 8. 4. 2 As to goods carried by soldiers or officers in course of employment or duty as such, on Railways, see s. 55 of the Indian Railways Act, 1890 (IX of 1890), printed, General Acts, Vol. V. |