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  • What is Military Laws?
  • What is the need for Military Laws?
  • How is Military Laws legally recognized in India?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Military Laws related queries and also guide you on how to resolve this matter with ease.

About the Military Laws


Indian Military Laws draw their origins from British Military Laws, primarily due to the prolonged British Rule in India. After Independence, a need for revising laws related to the military forces was felt which led to the enactment of The Army Act 1950, The Air Force Act 1950 and the Navy Act 1957.

Regularizing and Legal Recognition of Military Laws


  • The Army Act, 1950
  • The Air Force Act 1950
  • The Navy Act 1957
  • The Armed Forces Tribunal Act 2007
  • Armed Forces (Special Powers) Act – grants special powers to the armed forces w.r.t “disturbed areas”
  • The Disturbed Areas (Special Courts) Act, 1976 – for purposes of declaring an area as ‘disturbed’.

Some important facts and cases about and under Military Laws


Initially there was no provision regarding appeals from the orders of Court Martial. Then in the case of “Lt. Col. Prithi Pal Singh Bedi etc v. Union of India & Others” it was observed that absence of even one Appeal from the order of Courts Martial is a glaring lacuna in the country regarding the rights of the Armed forces personnel, subsequently the Acts were amended however the observations were not fully implemented. Eventually ‘The Armed Forces Tribunal Act, 2007’ was passed as per which there is original as well as appellate jurisdiction.
The “Armed Forces (Special Powers) Act is a very controversial legislation. This statute provides unique powers to Armed forces when they are in operation in disturbed areas. Some powers are:

  • Power to arrest without warrant any person suspected of being engaged in a cognizable offence
  • Army officers enjoying legal immunity over their actions
  • Power to enter a premise and carry on ‘search’ without warrants
  • Power of making usage of any degree of force after giving a warning.

Supreme Court observed that the military litigants cannot appeal against orders of the Armed Forces Tribunal to the High Court under Article 227, and against those orders for which appeal to the Supreme Court lies under Section 31 (1) of the Armed Forces Tribunal Act.
As per the case of ‘Union of India & Ors. V. Manoj Deswal & Ors.’, discharging of personnel on unauthorised leave without show cause notice is allowed.

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Client Testimonials

Top Responding Lawyers
on Military Laws

Deepak Bade
Experience: 8 Year(s)
Lawyer and legal associate
Nanded
Kishan Dutt Kalaskar Retired Judge
Experience: 32 Year(s)
Retired Judge
Bangalore
Ambrose Leo
Experience: 8 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
Vedant Lakhotia
Experience: 2 Year(s)
Legal Counsel
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ROBERT D ROZARIO
Experience: 14 Year(s)
Advocate High Court
Kolkata
Prabhakara S K Shetty
Experience: 18 Year(s)
Advocate
Bangalore
GANESH SHARMA
Experience: 2 Year(s)
Criminal Lawyer
Faridabad
Nirmal Chopra
Experience: 19 Year(s)
Dr
New Delhi
Ashish Dongre
Experience: 11 Year(s)
Advocate
Mumbai City
NILANJAN CHATTERJEE
Experience: 4 Year(s)
ADVOCATE
Howrah
Abhimanyu Shandilya
Experience: 13 Year(s)
Advocate and Legal Counsel
Kolkata
Rameshwar Dadhe
Experience: 1 Year(s)
As a advocate
Aurangabad
Johnson Thangiah
Experience: 17 Year(s)
Advocate / Trial Advocate
Tirunelveli
Mohd Imran
Experience: 3 Year(s)
Advocate
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Rajender Prasad
Experience: 4 Year(s)
Lawyer
New Delhi
Rajeev RJ
Experience: 16 Year(s)
Advocate
Thiruvananthapuram
Manjula Shanmugasundaram
Experience: 17 Year(s)
Advocate
Chennai
VIMAL K MISHRA
Experience: 14 Year(s)
Advocate High Court
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ARPIT BATRA
Experience: 10 Year(s)
Attorney
South Delhi
Ved prakash Shaw
Experience: 37 Year(s)
Advocate
Khordha
Junaid Ali Khan
Experience: 1 Year(s)
Advocate
New Delhi
Vishwabandhu
Experience: 37 Year(s)
SENIOR LAWYER
Jabalpur
Sanjay Kumar Jha
Experience: 16 Year(s)
Advocate
Patna
Shanti Ranjan Behera
Experience: 21 Year(s)
Advocate
Bhubaneswar
Neeraj Kumar
Experience: 1 Year(s)
Advocate
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