Section 70 of AA 1950 : Section 70: Civil Offence Not Triable By Court-Martial

AA 1950

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Explanation using Example

Imagine a soldier, who is subject to the Army Act, 1950, is stationed at a military base in India but not on active service. One evening, while off-duty, he gets into a heated argument with a civilian and in a moment of anger, he commits an act of murder. Since the murder was committed against a person not subject to military, naval, or air force law, and it did not occur while the soldier was on active service, outside India, or at a specified frontier post, the soldier would be tried in a civilian court for this crime, not by a court-martial. This is in accordance with Section 70 of the Army Act, 1950, which exempts certain offences from being tried within the military justice system under specific conditions.