Track Your Request Call to vidhikarya care phone number+917604047601
Submit Request Free Legal Advice

Our Team

Advocate Abhimanyu Shandilya Best Military laws Lawyer in Advocate Abhimanyu Shandilya
Advocate Prabhakara Shetty Best Military laws Lawyer in Advocate Prabhakara S K Shetty
Advocate Shrikrushna Tambde Best Military laws Lawyer in Advocate Shrikrushna Tambde
Advocate Adrian Phillips Best Military laws Lawyer in Advocate Adrian Phillips
Advocate Noel D'Souza Best Military laws Lawyer in Advocate Noel D'Souza
Advocate Surbhi Sharma Best Military laws Lawyer in Advocate Surbhi Sharma
Advocate Meenakshi Periyahkaruppan Best Military laws Lawyer in Advocate Meenakshi Periyahkaruppan
Advocate Mayur Khunti Best Military laws Lawyer in Advocate Mayur D. Khunti
Advocate Abhradip Jha Best Military laws Lawyer in Advocate Abhradip Jha
Advocate Jaswant Katariya Best Military laws Lawyer in Advocate Jaswant Singh Katariya
Advocate Rhea Luthra Best Military laws Lawyer in Advocate Rhea Luthra
Advocate Prithvi Raj Sikka Best Military laws Lawyer in Advocate Prithvi Raj Sikka
form image

Submit Your Legal Query

Name is required

Email is required

Invalid Email

Mobile No. is Required

Mobile No. is invalid

Category is required

State is required

City is required

Please describe your matter

Prove that you are not a Robot by clicking on the above Captha !

Military Laws in India

Find Military Laws expert lawyer in India.

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:

o Power to arrest without warrant any person suspected of being engaged in a cognizable offence

o Army officers enjoying legal immunity over their actions

o Power to enter a premise and carry on ‘search’ without warrants

o 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 V. Manoj Deswal , discharging of personnel on unauthorised leave without show cause notice is allowed.

Disclaimer

The Bar Council of India does not permit advertisement or solicitation by advocates in any form or manner. By accessing this website (www.vidhikarya.com), you acknowledge and confirm that you are seeking information relating to VIDHIKARYA LEGAL SERVICES LLP (The LAW FIRM) of your own accord and that there has been no form of solicitation, advertisement or inducement by VIDHIKARYA LEGAL SERVICES LLP or its members.
The content of this website is for informational purposes only and should not be interpreted as soliciting or advertisement. The User agrees that he/she is visiting the site on his own volition to seek more information about the firm and its Advocates.
The contents of this website are the intellectual property of VIDHIKARYA LEGAL SERVICES LLP.

Vidhikarya Official support e-mail Contact Vidhikarya by phone Number vidhikarya whatsapp Number