A court-martial is a military court that tries military personnel for violating military laws or making military offenses. In India, the Army Act enables the Indian Army to have four kinds of court martial: General Court Martial (GCM), District Court Martial (DCM), Summary General Court Martial (SGCM), and Summary Court Martial (SCM). The provisions for summary courts martial were not introduced into the regular army till the sepoy mutiny of 1857.
The Process of Court Martial
When an allegation is made against military personnel, the Army first sets up a Court of Inquiry (CoI). A Court of Inquiry investigates the complaint, but cannot award punishment. 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.
Then 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. Then a General Court Martial (GCM) is ordered. This stage is like the conduct of a trial by any judicial court in matters involving civilians.
Legal Recourse
Under section 164 of the Army Act, the accused can file a pre-confirmation petition as well as one post-confirmation. 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 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 Armed Forces (Special Powers) Act (AFSPA)
The Armed Forces (Special Powers) Act (AFSPA) provides for special powers for the armed forces that can be imposed by the Centre or the Governor of a state, on the state or parts of it, after it is declared “disturbed’’. AFSPA has been imposed on the Northeast states, Jammu & Kashmir, and parts of Arunachal Pradesh. Punjab was the first state from where it was repealed, followed by Tripura and Meghalaya.
The Act, which has been called draconian, gives sweeping powers to the armed forces. It allows them to open fire, even causing death, against any person in contravention to the law or carrying arms and ammunition. It gives them powers to arrest individuals without warrants, on the basis of reasonable suspicion, and also search premises without warrants.
The Act further provides blanket impunity to security personnel involved in such operations. There can be no prosecution or legal proceedings against them without the prior approval of the Centre.
Safety Nets
While the Act gives powers to security forces to open fire, this cannot be done without prior warning given to the suspect. The Act further says that after any suspects apprehended by security forces should be handed over to the local police station within 24 hours. It says armed forces must act in cooperation with the district administration and not as an independent body.
MCQs on Court Martial System in India
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What is a Court of Inquiry?
A. A civilian court.
B. A military court for trial of civilians.
C. A military court for investigation of allegations against military personnel.
D. A court for trying prisoners of war for war crimes.
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What are the special powers granted to the armed forces under AFSPA?
A. Power to search premises without warrants
B. Power to open fire against any person in contravention to the law
C. Power to arrest individuals without warrants
D. All of the above
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What legal recourse is available to an accused military personnel after the confirmation of their sentence by the Army commander?
A. Filing a pre-confirmation petition
B. Filing a post-confirmation petition with the government
C. Approaching the Armed Forces Tribunal
D. All of the above
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