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In forceACT NO. XXXIX OF 1952 · 13th May, 1952

The Army Act, 1952

সেনা আইন, ১৯৫২

An Act to consolidate and amend the law relating to the Bangladesh Army. ♣♦♠

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Contents

  1. PreamblePreamble

Chapter I PRELIMINARY

  1. Section 1Short title and commencement
  2. Section 2Persons subject to the Act
  3. Section 2ASecondment to Navy or Air Force
  4. Section 3Special provision as to rank in certain cases
  5. Section 4Commanding officer of certain persons subject to the Act
  6. Section 5Powers to apply Act to certain forces under the Government
  7. Section 6[Omitted.]Repealed
  8. Section 7Power to declare persons to be on active service
  9. Section 8Definitions

Chapter II APPOINTMENT, ENROLMENT AND ATTESTATION

  1. Section 9[Omitted.]Repealed
  2. Section 9A[Omitted.]Repealed
  3. Section 10Ineligibility of aliens for service in the Army
  4. Section 11Procedure before enrolling officer
  5. Section 12Enrolment
  6. Section 13Presumption of validity of enrolment in certain cases
  7. Section 14Persons to be attested
  8. Section 15Mode of attestation
  9. Section 15A[Omitted.]Repealed

Chapter III TERMINATION OF SERVICE

  1. Section 16Dismissal or removal by Government
  2. Section 17Dismissal or removal by Chief of Army Staff, or other authorised officer
  3. Section 18Retirement, release, or discharge
  4. Section 19Certificate on termination of service
  5. Section 20Discharge or dismissal when out of Bangladesh

Chapter IV SUMMARY REDUCTION AND PUNISHMENT OTHERWISE THAN BY SENTENCE OF COURT MARTIAL

  1. Section 21[Reduction of non-commissioned officers]
  2. Section 22Reversion of an acting non-commissioned officer
  3. Section 23Minor punishments

Chapter V OFFENCES

  1. Section 24Offences in relation to enemy and punishable with death
  2. Section 25Offences in relation to the enemy and not punishable with death
  3. Section 26Disclosure of parole or watchword
  4. Section 27Offences against property or persons of inhabitant of country where serving
  5. Section 28Offences relating to sentries
  6. Section 29House breaking, false alarms, unauthorised disclosures, punishable more severely on active service than at other times
  7. Section 30Other service offences
  8. Section 31Mutiny and insubordination
  9. Section 32Offences in relation to superior officers
  10. Section 33Disobedience of lawful command
  11. Section 34Neglect to obey orders
  12. Section 35Insubordination and obstruction
  13. Section 36Desertion and aiding deserters
  14. Section 37Absence without leave
  15. Section 38Fraudulent enrolment
  16. Section 39False answers on enrolment
  17. Section 40Fraudulent offence in respect of property
  18. Section 41Certain forms of disgraceful conduct
  19. Section 42Illegal gratification
  20. Section 43Intoxication
  21. Section 44Offences in relation to persons in custody
  22. Section 45Loss of arms, etc., and destruction of property
  23. Section 46False accusation
  24. Section 47False documents
  25. Section 48Signing in blank and failure to report
  26. Section 49Offences in relation to courts martial
  27. Section 50False statement before court martial
  28. Section 51Irregular confinement
  29. Section 52Unbecoming behaviour
  30. Section 53Striking or ill-treating person subject to the Act
  31. Section 54Unlawful detention of pay
  32. Section 55Violation of good order and discipline
  33. Section 56Offences relating to aircraft
  34. Section 57Attempt
  35. Section 58Abetment
  36. Section 59Civil offences

Chapter VI PUNISHMENTS

  1. Section 60Punishments
  2. Section 61Field punishment
  3. Section 62Special provisions regarding sentences
  4. Section 63Retention in the ranks of person convicted on active service

Chapter VII PENAL DEDUCTIONS

  1. Section 64Authorised deductions only to be made from pay
  2. Section 65Deductions from pay and allowances
  3. Section 66Pay and allowances during trial
  4. Section 67Deduction from public money due, other than pay
  5. Section 68Power to withhold pay and allowances pending inquiry into conduct as prisoner of war
  6. Section 69Remission of deductions
  7. Section 70Provision for dependents of prisoner of war from remitted deductions
  8. Section 71General power to make provision for dependants
  9. Section 72Period during which a person is deemed to be a prisoner of war

Chapter VIII ARREST AND PROCEEDINGS BEFORE TRIAL

  1. Section 73Custody of offenders
  2. Section 74Duty of Commanding Officer in regard to person in custody
  3. Section 75Interval between committal and court martial
  4. Section 76Arrest by civil authorities
  5. Section 77Capture of deserters
  6. Section 78AInquiry into any other matter
  7. Section 78Inquiry into absence of person subject to the Act
  8. Section 79Appointment, duties and powers of provost marshals

Chapter IX COURTS MARTIAL

  1. Section 80Kinds of courts martial
  2. Section 81Power to convene general courts martial
  3. Section 82Power to convene district courts martial
  4. Section 83Limitation of powers of convening authorities
  5. Section 84Power to convene field general court martial
  6. Section 85Composition of general court martial
  7. Section 86Composition of district court martial
  8. Section 87Composition of field general court martial
  9. Section 88Summary courts martial
  10. Section 89Dissolution of courts martial
  11. Section 90Prohibition of second trial
  12. Section 91Period of limitation for trial
  13. Section 92Liability of offender who ceases to be subject to the Act
  14. Section 93Place of trial
  15. Section 94Order in case of concurrent jurisdiction of court martial and criminal court
  16. Section 95Power of criminal court to require delivery of offender
  17. Section 96Trial by court martial, bar to subsequent trial by criminal court
  18. Section 96ADefinition of court martial
  19. Section 97Powers of general and field general courts martial
  20. Section 98Power of district courts martial
  21. Section 99Offences triable by summary court martial
  22. Section 100Persons triable by summary court martial
  23. Section 101Sentence awardable by summary court martial
  24. Section 102President
  25. Section 103Judge Advocate
  26. Section 104Challenges
  27. Section 105Voting of members
  28. Section 106Oaths of president and members
  29. Section 107Oaths of judge advocate and others
  30. Section 108Oaths of witnesses
  31. Section 109Summoning witnesses and production of documents
  32. Section 110Commission for the examination of witness
  33. Section 111Conviction of one offence permissible on charge of another
  34. Section 112Rules of evidence to be the same as in criminal courts
  35. Section 113Judicial notice
  36. Section 114Presumption as to signatures
  37. Section 115Enrolment paper
  38. Section 116Presumption as to certain documents
  39. Section 117Reference by accused to Government officer
  40. Section 118Evidence of previous convictions and general character

Chapter X CONFIRMATION AND REVISION OF FINDING AND SENTENCES

  1. Section 119Finding and sentence not valid unless confirmed
  2. Section 120Power to confirm finding and sentence of general court martial
  3. Section 121Power to confirm finding and sentence of district court martial
  4. Section 122Limitation of powers of confirming authority
  5. Section 123Power to confirm finding and sentence of field general court martial
  6. Section 124Power of confirming authority to mitigate, remit or commute sentences
  7. Section 125Confirmation of finding and sentence on board a ship
  8. Section 126Revision of finding and sentence
  9. Section 127Finding and sentence of a summary court martial
  10. Section 128Transmission of proceedings of a summary court martial
  11. Section 129Substitution of a valid finding or sentence for an invalid finding or sentence
  12. Section 130Provision in the case of accused being lunatic
  13. Section 131Remedy against finding and sentence of court martial
  14. Section 132Annulment of proceedings
  15. Section 133Bar of appeals

Chapter XI EXECUTION OF SENTENCES

  1. Section 134Form of sentence of death
  2. Section 135Commencement of sentence of transportation, or rigorous imprisonment or detention
  3. Section 136Execution of sentence of transportation or rigorous imprisonment
  4. Section 137Execution of sentence of imprisonment in special cases
  5. Section 138Execution of sentence of detention
  6. Section 139Interim custody of offenders sentenced to transportation
  7. Section 140Conveyance of prisoner from place to place
  8. Section 141Communication of certain orders to civil prison officers
  9. Section 142Execution of sentence of fine

Chapter XII PARDONS, REMISSIONS AND SUSPENSION

  1. Section 143Pardons and remissions
  2. Section 144Suspension of sentence of transportation, rigorous imprisonment or detention
  3. Section 145Orders pending suspension
  4. Section 146Release on suspension
  5. Section 147Computation of period of sentence under suspension
  6. Section 148Power to set aside suspension or to order remission
  7. Section 149Periodical review of suspended sentence
  8. Section 150Procedure on further sentence of offender whose sentence is suspended
  9. Section 151Scope of power of suspension
  10. Section 152Effect of suspension on dismissal

Chapter XIII PROPERTY OF DECEASED PERSONS, DESERTERS AND LUNATICS

  1. Section 153Property of deceased persons and deserters, other than officers
  2. Section 154Disposal of certain property without production of probate, etc.
  3. Section 155Discharge of commanding officer, prescribed person and the Government
  4. Section 156Application of sections 153 to 155 to lunatics, etc.
  5. Section 157Property of officers
  6. Section 158Powers of Committee of Adjustment
  7. Section 159Disposal of surplus by the prescribed person
  8. Section 160Disposal of certain property without production of probate, etc.
  9. Section 161Discharge of committee, prescribed person and the Government
  10. Section 162Property in the hands of the committee or the prescribed person not to be assets at the place where the committee or the prescribed person is stationed
  11. Section 163Saving of rights of representative
  12. Section 164Applications of sections 158 to 163 to lunatics, etc.
  13. Section 165Appointment of standing committee of adjustment when officers die or desert while on active service
  14. Section 166Interpretations

Chapter XIV MISCELLANEOUS PRIVILEGES

  1. Section 167Complaint against officers
  2. Section 168Complaint by officers
  3. Section 169Privileges of persons attending courts martial
  4. Section 170Exemption from arrest for debt
  5. Section 171Property exempted from attachment
  6. Section 172Application of the last two foregoing sections to reservists
  7. Section 173Priority of hearing by courts of cases in which persons subject to this Act are concerned
  8. Section 174Order for custody and disposal of property pending trial in certain cases
  9. Section 175Order for disposal of property regarding which offence committed

Chapter XV RULES

  1. Section 176APower to make regulations
  2. Section 176Power to make rules
  3. Section 177[Omitted.]Repealed

Chapter XVI TRANSITORY PROVISIONS

  1. Section 178[Omitted.]Repealed
  2. Section 179[Omitted.]Repealed

Schedules

  1. First ScheduleFirst Schedule
  2. First ScheduleFirst Schedule