Army Court martial

Subject : Polity

Section: Judiciary

Concept :

An Army court martial in Jammu and Kashmir has recommended life imprisonment for a Captain in connection with the killing of three men in a staged encounter at a remote hilly village at Amshipura in the Shopian district of south Kashmir in July 2020.
The sentence will be final after it is confirmed by the Northern Army Commander.
Bhoopendra Singh was court-martialled after a Court of Inquiry found that troops under his command had exceeded their powers under the Armed Forces (Special Powers) Act.

Court Martial

A court martial is a type of military court that is empowered to try members of the armed forces for offenses committed under military law.
The purpose of a court martial is to maintain discipline and order within the military by ensuring that members of the armed forces are held accountable for their actions.
A court martial is typically composed of military officers who serve as both judge and jury.

What are the legal provisions related to court martial in India?

The legal provisions related to court martial in India are primarily governed by three laws:
The Army Act, 1950: applies to members of the Indian Army.
The Navy Act, 1957: applies to members of the Indian Navy.
The Air Force Act, 1950: applies to members of the Indian Air Force.

Armed Forces Tribunal Act 2007

This act established the Armed Forces Tribunal (AFT).
AFT is a quasi-judicial body in India that deals with service-related matters of armed forces personnel.
It has jurisdiction over disputes and appeals arising out of service matters, including court martial proceedings.

What are the different kinds of courts-martial in India?

In India, there are four kinds of courts-martial that can be convened to try members of the armed forces for offenses committed under military law. These are:
General Court Martial (GCM): This is the highest level of military court martial in India, and it can be convened to try the most serious offenses, including those that carry the death penalty.
District Court Martial (DCM): A DCM can be convened to try offenses that are less serious than those that would be tried by a GCM.
Summary General Court Martial (SGCM): An SGCM can be convened to try minor offenses.
Field General Court Martial (FGCM): An FGCM can be convened to try offenses committed during active military operations.

What is the process of Court Martial in the Indian military?

Initiation of enquiry
When the Army wants an allegation against its personnel investigated, it first sets up a Court of Inquiry (CoI) for the purpose.
This stage is similar to the registering of a First Information Report (FIR) by police.
A Court of Inquiry investigates the complaint, but cannot award a punishment.
It only records the statements of witnesses.
This is comparable to the examination of witnesses by a police officer under Section 161 of the Code of Criminal Procedure (CrPC).
Recording of summary of evidence
Based on the findings of the CoI, a tentative chargesheet is drawn up by the commanding officer of the accused officer, which is akin to the police filing a chargesheet.
After this, the hearing of charges takes place, which is like the initial summoning of an accused by the magistrate in a case involving civilians.
The summary of evidence is then recorded, which is akin to the framing of charges by the magistrate.

Ordering of General Court Martial (GCM)

After summary of evidence is recorded, a general court martial (GCM) is ordered.
This stage is like the conduct of a trial by any judicial court in matters involving civilians.
The GCM announces a sentence in the form of recommendations, which are sent to the command concerned for legal vetting.
In a magisterial court, the magistrate announces a sentence when the trials are over. This sentence is not recommendatory in nature.
Vetting of sentence by Army’s Judge Advocate General (JAG) Department
Recommendations by GCM is sent to respective army command (in the present case, it was sent to Army’s Northern Command).
It is then legally vetted by senior officers of the Army’s Judge Advocate General (JAG) Department.
The officers will advise on legal infirmities in the trial sentence, if any, or whether they find it to be disproportionate; and on any possible remission of the sentence.
The commander of that Command then directs the convening authority to confirm, remit, or revise the sentence in case the punishment has to be enhanced.
The convening authority is the General Officer Commanding (GOC) of the division.
As per rules, the Army Commander does not require permission to decide on remission of a sentence.
But if he wants to enhance the sentence, the case must go back to the same jury of the GCM for revision.

What is the legal recourse available to the accused?

Under the Army Act, the accused can file a pre-confirmation petition as well as post- confirmation petition.
A pre-confirmation petition will go to the Army Commander, who may look into its merits.
Post-confirmation petition must be filed with the government since the officer is cashiered — his ranks are removed and he is dismissed from service — after confirmation of the sentence by the Army commander.
After these options have been exhausted, the accused can approach the Armed Forces Tribunal, which can suspend the sentence.
The president of India, under Article 72 of the Constitution, can use his/her powers to pardon, reprieve, respite or remission of punishment or sentence given by a court martial.