Introduction 

The Indian Army, operating under the foundational principle of "Service Before Self," is governed by a framework of laws that reflect its transition from colonial rule to sovereign independence. Established through the historic appointment of Field Marshal K.M. Cariappa as the first Indian Commander-in-Chief in 1949, the Army's legal structure embodies the nation's commitment to self-governance and military excellence. These laws ensure the Army maintains its role as a disciplined force dedicated to national security while adapting to modern challenges, as evidenced by its 2025 theme "Samarth Bharat, Saksham Sena" (Capable India, Empowered Army). 

What was Army Day's genesis, significance, and the 2025 Theme? 

Genesis & Significance:

• Army Day commemorates 15th January 1949, when Lieutenant General K.M. Cariappa became the first Indian Commander-in-Chief of the Indian Army, succeeding General Sir Francis Robert Roy Butcher. 
• This transition symbolized the transfer of military leadership from British colonial rule to independent India's control. 
• The day marks the transformation of the Indian Army from a colonial institution to a sovereign force dedicated to protecting independent India. 
• It represents a pivotal moment when India was establishing its identity as an independent nation on the global stage. 

2025 Theme & Celebration:

• The theme for the 77th Army Day is "Samarth Bharat, Saksham Sena" (Capable India, Empowered Army). 
• For the third time, the celebrations are being held outside Delhi, with Pune chosen as the host city due to its rich military heritage and strategic importance. 

The 2025 parade:

• Women Agniveer Contingent from the Corps of Military Police 
• Army Service Corps Horse Contingent 
• NCC Girls Contingent from Maharashtra 
• Display of advanced technology including:  
  • Robotic mule for reconnaissance 
  • Swathi weapon-locating radar 
  • Sarvatra bridging system 
  • Ator N1200 all-terrain amphibious vehicle 
  • Drone jammer systems 
  • Mobile communication nodes 
• The celebration aims to showcase both the Army's modernization efforts and its historical legacy while strengthening the connection between the Army and civilians. 

What is the Army Act, 1950 ? 

• The Army Act, 1950 was passed by Parliament on 22nd May, 1950, and became operational on 22nd July, 1950, to unify and modify the laws governing the regular Army after India's independence from British rule. 
• It established a distinct body of military law that governs the conduct of military officers, replacing the Indian Army Act of 1911 with necessary modifications to suit independent India. 
• The Act applies to army officers, warrant officers, junior commissioned officers, enrolled individuals, members of Indian Reserve Forces, Territorial Army, and other specified forces under central government control. 
• It grants significant powers to the Central Government, including authority to make regulations, rules, modify fundamental rights of service members, and control appointments, dismissals, and removals from service. 
• The Act includes special provisions like immunity from civil arrest during court martial proceedings, restrictions on women's employment (except in notified departments), and specific enrollment conditions for non-Indian citizens.

What are the Offences and Punishment in Army Act, 1950 ?

Major Offences (Sections 34-70):

• Offences in relation to enemy (Section 34) - Includes abandoning posts, assisting enemy, showing cowardice - Punishable with death or less 
• Mutiny (Section 37) - Starting or joining mutiny in military forces - Punishable with death 
• Desertion (Section 38) - Leaving service without permission - Punishable with death during active service or up to 7 years otherwise 
• Absence without leave (Section 39) - Being absent without proper authorization - Up to 3 years imprisonment 
• Striking superior officers (Section 40) - Using force or threatening language - Up to 14 years imprisonment 
• Disobedience (Section 41) - Willfully defying authority - Up to 14 years imprisonment 
• Fraudulent enrolment (Section 43) - Enrolling without proper discharge - Up to 5 years imprisonment 
• False answers (Section 44) - Giving false information during enrolment - Up to 5 years imprisonment 
• Intoxication (Section 48) - Being found in intoxicated state - Officers can be cashiered, others face up to 2 years imprisonment 
• False evidence (Section 60) - Giving false statements under oath - Up to 7 years imprisonment 
• Civil offences (Section 69) - Criminal acts punishable under civilian law - Varying punishments as per civilian law 

Punishment :

• Section 71 - Lists all possible punishments that can be given by courts-martial including death, imprisonment, cashiering of officers, dismissal from service, reduction in rank, forfeiture of seniority and pay. 
• Section 72 - Allows court-martial to award either the specific punishment stated for an offense or any lower punishment from the scale in Section 71. 
• Section 73 - Permits combining multiple punishments including cashiering/dismissal along with other punishments listed in Section 71. 
• Section 74 - Requires that an officer must be cashiered before being given punishments like death, transportation or imprisonment. 
• Section 77 - States that warrant officers or non-commissioned officers sentenced to transportation or imprisonment are automatically reduced to ranks. 
• Section 78 - Allows retention of convicted person in ranks during active service, counting this service as part of their imprisonment term. 
• Section 79 - Enables punishments to be given without court-martial in manner specified in sections 80, 83, 84 and 85. 
• Section 80 - Authorizes commanding officers to give punishments like imprisonment up to 28 days, detention, confinement, extra duties to persons other than officers. 
• Section 81 - Sets limits on punishments under Section 80, including maximum aggregate of 42 days for multiple punishments. 
• Section 82 - Allows Army Chief to specify additional punishments beyond those in Section 80 with government consent. 
• Section 83 - Empowers brigade commanders to punish officers below field rank with reprimand and stoppage of pay. 
• Section 84 - Permits area commanders to punish officers below lieutenant-colonel with forfeiture of seniority and reprimand. 
• Section 85 - Lets commanding officers punish junior commissioned officers with severe reprimand or stoppage of pay. 
• Section 86-88 - Requires forwarding proceedings of punishments to superior authority for review of legality and justice. 
• Section 89 - Allows imposing collective fines on unit members when weapons/equipment are lost or stolen. 

What is the Court Martial System under the Army Act, 1950? 

Court Martial System : 

• Under Section 108, there are four types of courts-martial:  
  • General Courts-Martial 
  • District Courts-Martial 
  • Summary General Courts-Martial 
  • Summary Courts-Martial. 
• General Courts-Martial can be convened by the Central Government or Chief of Army Staff and requires at least 5 officers with a minimum of 3 years commission (Section 109, 113). 
• District Courts-Martial requires a minimum of 3 officers with 2 years commission and can try anyone except officers and junior commissioned officers (Section 114, 119). 
• Summary General Courts-Martial consists of a minimum of 3 officers and has powers to try any person subject to the Army Act (Section 115, 118). 
• Summary Courts-Martial is held by the commanding officer alone with two other officers/JCOs as attendees (Section 116). 
• A person cannot be tried twice for the same offense by court-martial if already acquitted/convicted (Section 121). 
• The limitation period for trial is 3 years from the date of offense, except for desertion and fraudulent enrollment (Section 122). 
• Court-martial has jurisdiction to try offenses anywhere, with choice between criminal court and court-martial lying with commanding officer (Section 124, 125). 
• If a criminal court wants jurisdiction, it can require delivery of the offender from military custody (Section 126). 

Procedure of Court Martial : 

• The senior member acts as presiding officer, and a judge advocate must attend General Courts-Martial (Section 128, 129). 
• The accused has the right to challenge/object to officers sitting on the court before trial begins (Section 130). 
• All members, judge advocates, and witnesses must take prescribed oaths before proceedings (Section 131). 
• Decisions require absolute majority votes, with death sentences needing two-thirds majority in General Courts-Martial and unanimous consent in Summary General Courts-Martial (Section 132). 
• The Indian Evidence Act applies to all court-martial proceedings (Section 133). 
• Courts can summon witnesses and require production of documents, with special provisions for postal/telegraph documents (Section 135, 136). 
• The court can request commissions for examining witnesses who cannot attend personally (Section 137). 
• Documents signed by government officers are presumed genuine unless proved otherwise (Section 140). 
• Special provisions exist for dealing with accused persons who are mentally unsound (Section 145). 
• The court has powers to handle property related to offenses and make disposal orders (Section 150, 151).

Conclusion

The laws governing the Indian Army continue to evolve while preserving its core values of valor, dedication, and sacrifice. These regulations support the Army's dual mission of defending national sovereignty and contributing to nation-building through disaster relief and peacekeeping operations. As demonstrated by the 77th Army Day celebrations in Pune, these laws facilitate the Army's modernization efforts while maintaining its historical legacy. They provide the framework for the Army to remain a professional force that serves as both protector and inspiration for future generations.