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What Is the Meaning of Court Martial in India?

Posted by jobseeker Chanchal Bhati | Approved
Answers (2)

In India, a court-martial is a military court that tries members of the armed forces for offenses committed under military law. It's a specialized legal system designed to maintain discipline and order within the military and hold personnel accountable for their actions.
Key aspects of court-martial in India:
Purpose:
To maintain discipline and order within the military, ensuring accountability for offenses committed under military law.
Types:
There are various types of court-martials, including General Court Martial (GCM), District Court Martial (DCM), Summary General Court Martial (SGCM), and Summary Court Martial (SCM).
Offenses:
Military personnel can be tried for a range of offenses, including desertion, aiding desertion, insubordination, and offenses against military law.
Procedure:
A court-martial typically involves a formal investigation, followed by a trial where the accused can defend themselves.
Rights of the accused:
The accused has the right to be informed of the charges, to remain silent, to have defense counsel, and to protection against double jeopardy.
Penalties:
The penalties for offenses can range from dismissal or imprisonment to even the death penalty, depending on the severity of the offense and the type of court-martial.
Reversal of sentences:
The President of India can use judicial power under Article 72 of the Constitution to pardon, reprieve, or remit sentences given by a court-martial.
Judicial oversight:
The Armed Forces Tribunal (AFT) is established to address matters related to court-martials,

Answered by jobseeker Chanchal Bhati | Approved

Court Martial in India refers to a military court established under the Army Act, 1950, Air Force Act, 1950, and Navy Act, 1957 to try members of the armed forces for violations of military discipline and laws. It functions as a judicial body specifically meant for serving military personnel and, in some cases, retired personnel or civilians attached to the military. Court martial proceedings deal with offences such as insubordination, desertion, theft, or any act prejudicial to military order.

There are different types of court martial—General, District, Summary General, and Summary—each varying in terms of authority and punishment. Though it resembles a civilian trial, court martial follows its own military procedure, and the punishments can range from imprisonment to dismissal from service, and even the death penalty in the most severe cases. Appeals from court martial can be made to the Armed Forces Tribunal (AFT) and, in some instances, to the High Court or Supreme Court.

Answered by jobseeker Vipra | Approved

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