Amend Section 122 of the Army Act – Opportunity to do corruption

Amend Section 122 of the Army Act – Opportunity to do corruption

What is Section 122 of the Army Act?

Central Government Act
Section 122 in the Army Act, 1950 1

122. Period of limitation for trial.

(1) Except as provided by sub- section (2), no trial by court- martial of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years 1[ and such period shall commence,-



(a) On the date of the offence; or

(b) where the commission of the offence was not known to the person aggrieved by the offence or to the authority com- petent to initiate action, the first day on which such offence comes to the knowledge of such person or authority, whichever is earlier; or

(c) Where it is not known by whom the offence was com- mitted, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the authority competent to initiate action, whichever is earlier.]

(2) The provisions of sub- section (1) shall not apply to a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37.

(3) In the computation of the period of time mentioned in sub- section (1), any time spent by such person as a prisoner of war, or in enemy territory, or in evading arrest after the commission of the offence, shall be excluded.

(4) No trial for an offence of desertion other than desertion on active service or of fraudulent enrolment shall be commenced if the person in question, not being an officer, has subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the regular Army.

Now read the story

Mr. A works in army.
Mr. A does the corruption in Year 2006 Corruption of Rs. 60 Lakh.
Mr. B and Mr. C are supposed to investigate and try and decide the case.

But Mr. A is very intelligent
he pays Mr. B and Mr. C each Rs. 20 Lakh and tells them

Please pass the order that I am guilty after 3 Years.

Thus Mr.B and Mr. C Agree and see that the corruption case gets delayed and they pass the order after 3 years in year 2010.

Now Mr. A goes to Supreme Court and shows them limitation law and thus SC court calculates the period, limitation period and declares that as limitation period finish no punishment.
no valid trial.

and India suffer losses and no one gets punishment because of the loophole.

Suggested Amendments to Section 122 of the army act.

1. If any guilty person gets set free himself using limitation law then court should find the person who made delay and punish them for doing corruption and all the loses and corruption amount should be recovered from them. Because of these there will be no delay and cases will be finished within limitation and guilty will go to Jail.

Reality views by sm –

Thursday, February 16, 2012

Tags - Army Act Limitation law