FFoorr OOffffiicciiaall UUssee OOnnllyy MMAANNUUAALL OOFF AAIIRR FFOORRCCEE LLAAWW VVOOLLUUMMEE IIII DDeevveellooppeedd bbyy AAOOAA CCoommppuutteerr CCeennttrree && DDeepptttt ooff JJAAGG ((AAiirr)) MANUAL OF AIR FORCE LAW VOLUME II Published under the authority of Chief of the Air Staff. DEPARTMENT OF JUDGE ADVOCATE GENERAL (AIR) December, 1988 Air Headquarters, New Delhi lAP 8752 Air Headquarters New Delhi. FOREWORD 1. This manual has been brought out to meet the requirement of an authoritative commentary on the provisions of the Air Force Law Primarily the Air Force Act, 1950 and Air Force Rules, 1969 encompass the provisions of Air Force Law. Volume of this Manual contains detailed commentaries underneath each section of Air Force Act, 1950. Volume II consists of such commentaries on the provisions of Air Force Rules, 1969. Several relevant appendices including extracts from the Constitution are also incorporated therein. 2. The authoring of such a book was a challenging task because it involved considerable research and written work. By covering such a vast field this publication should become a comprehensive source book on matters of air force law. This Manual contains information which would be of great legal and administrative value as its contents are quite comprehensive, uptodate and lucid. I have no doubt that this would be a really useful volume and would go a long way to effect improvements in the administration of justice in the Air Force. (PK Jain) Air Marshal Air Officer-in- charge December 1988 Administration ACKNOWLEDGEMENT The Department of Judge Advocate General (Air), Air Headquarters acknowledges with thanks the valuable contribution of Gp Capt NAK Sarma (5629) Adm in bringing out this Manual R.V. Kumar Air Cmde JAG (Air) Air December 1988 Headquarters CHAPTER I PRELIMINARY 1 Short Title 2 Definitions 3 Reports and applications 4 Forms set forth in the schedules Exercise of power vested in holder 5 of air force appointment 6 Cases unprovided for CHAPTER II ENROLMENT AND ATTESTATION Enrolling Officers and form of 7 Enrolment 8. Persons to be attested Oath or affirmation to be taken on 9. Attestation CHAPTER III DISMISSALS, DISCHARGES ETC. 10. Discharge not to be delayed 11. Discharge certificate Date from which retirement, discharge, release, removal or dismissal 12. otherwise than by sentence of a court-martial takes effect. 13. Release 14 Retirement Authorities empowered to authorise 15. Discharge 16. Dismissal or removal of officers for misconduct 17. Removal from service of officers on grounds other than misconduct Dismissal or removal of a person subject to the Act other than an 18. Officer CHAPTER IV RESTRICTIONS ON FUNDAMENTAL RIGHTS AND PROVISIONS RELATING TO ARRESTS, ETC. 19. Membership of organizations 20 Political and other activities 21. Communications to the Press, Lectures, etc. Manner and extent of custody pending trial or confirmation of court-martial 22. proceedings 23. Delay Report CHAPTER V INVESTIGATION OF CHARGES AND TRIAL BY COURT-MARTIAL SECTION 1 - INVESTIGATION OF CHARGES, MINOR PUNISHMENTS AND REMAND FOR TRIAL Disposal of the charge or adjournment for taking down the summary of 24. evidence 25. Remand of accused Application of rules 24 and 25 to officers exercising powers of a 26. commanding officer 27. Action by officer having power to convene a District Court-Martial 28. Action by officer having power to convene a General Court-Martial 29. Limitation of powers of minor punishment according to ranks 30. Powers of minor punishment of Subordinate Commanders 31. Summary disposal of charge against officers and warrant officers 32. Summary award of punishment by Commanding or other officer 33. Revision of minor punishments Framing Charges 34. Charge-sheet and charge 35. Commencement of charge-sheet 36. Contents of charge 37. Signature on charge—sheet 38. Validity of charge-sheet Preparation of Defence by Accused Persons 39 Opportunity for accused to prepare defence 40. Warning of accused for trial 41. Joint trial of several persons Exceptions from Rules Suspension of rules on the ground of the exigencies of the service 42. or the necessities of discipline 43. Convening of general and district court—martial 44. Adjournment for insufficient number of officers 45. Ineligibility and disqualification of officers for court—martial 46. Composition of General Court—Martial 47. Composition of a District Court—Martial 48. Units of members of Court—Martial Procedure at Trial Constitution of Court 49. Inquiry by court as to legal constitution 50. Inquiry by court as to amenability of accused and validity of charge Procedure at Trial — Challenge and Swearing It 51. Appearance of accused and prosecutor 52. Proceedings for challenges of members of court 53. Swearing or affirming of members 54. Swearing or affirming of Judge Advocate and others 55. Persons to administer oaths and affirmations Prosecution, Defence and Summing-up 56. Arraignment of accused 57. Objection by accused to charge 58. Amendment of charge 59. Special plea to the jurisdiction 60. General plea of "guilty" or "not guilty" 61. Plea in bar 62. Procedure after plea of "guilty" 63. Withdrawal of plea of "not guilty" 64. Plea of "not guilty" and case for prosecution 65. Plea of no case 66. Procedure for defence 66A Accused competent witness for defence. Procedure where accused does not call 67. witnesses to the facts of the case 68. Procedure where accused calls witnesses to the facts of the case 69. Summing up by judge advocate Finding and Sentence 70. Consideration of finding 71. Form, record and announcement of finding 72. Procedure on acquittal 73. Procedure on conviction 74. Sentence 75. Recommendation to mercy 76. Announcement of sentence and signing and transmission of proceedings Confirmation and Revision 77. Revision 78. Promulgation 79. Mitigation of sentence on partial confirmation 80. Confirmation notwithstanding informality in or excess of punishment 81 Member or prosecutor not to confirm proceedings General Provisions as to proceedings of General and District Court-Martial 82. Seating of members 83. Responsibility of Presiding Officer 84. Power of court over address of prosecutor and accused 85. Procedure on trial of accused persons together 86. Separate charge—sheets 87. Sitting in closed court 87A Court Martial to be public 88. Hours of sitting 89. Continuity of trial and adjournment of court 90. Suspension of trial 91. Proceedings on death or illness of the accused 92. Death, retirement or absence of Presiding Officer 93. Presence of members during trial 94. Taking of opinions of members of court 164 95. Procedure on incidental question 96. Swearing of court to try several accused persons 97. Swearing of interpreter and shorthand Writer 98. Evidence when to be translated 99. Record in proceedings of transactions of courts—martial 100. Custody and inspection of proceedings 101. Transmission of proceedings Defending Officer, Counsel and Friend of Accused 102. Defending officer and friend of accused 103. Counsel allowed in certain general and district courts-martial 104. Requirements for appearance of counsel 105. Counsel for prosecution 106. Counsel for accused 107. General rules as to counsel 108. Qualifications of counsel 109. Statement by accused when defended by counsel or officer 110. Disqualifications of judge advocate 111. Powers and duties of judge advocate Witnesses and Evidence 112. Calling of all prosecutor’s witnesses 113. Calling of witnesses whose evidence is not contained in summary 114 List of witnesses for accused 115. Procuring attendance of witness 116. Procedure when essential witness is absent 117 Withdrawal of witnesses from court 118. Oath or affirmation to be administered to witnesses