Book Description

The legal system of the armed forces is evolving and moving towards civilianization, as the Armed Forces Tribunal completes five years of its existence. The laws governing the armed forces are of concern not just to members of the armed forces, but to every Indian. Thus, it is necessary for these laws to be understood and analyzed by the legal fraternity, human rights activists, and military and government officials in the correct perspective in order to improve the system. A 'just' and 'fair' system is of great significance to the success or failure of the armed forces. This is the first attempt to deal with the laws relating to the Indian Army, Navy, Air Force and Coast Guard in one volume. The basic statutes of these forces as well as the subordinate legislations have been comprehensively analyzed. Using famous cases relating to the armed forces, this book examines constitutional and statutory rights and privileges, administrative and minor punishments, step-by-step court martial process, review and revision of punishments, procedure of courts of inquiry, and the jurisdiction and functioning of the Armed Forces Tribunal. It provides an overview of the provisions of the Indian Penal Code and the Code of Criminal Procedure relating to members of the armed forces. In addition, it analyses the Criminal Court and Court Martial (Adjustment of Jurisdiction) Rules and the provisions of the Armed Forces Special Powers Act (AFSPA) in detail.