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Section 106
Extent of Departmental Punishment
(1) When ordering departmental punishment in accordance with clause (a) of sub-section (1) of section 105, battlefield punishment shall not be imposed in accordance with sub-sections (1), (2) and (3) of the same section.
(2) Sub-section (1) or (2) in case two or more of the punishments under sub-section (1), (2), (3) or (4) of clause (a) of sub-section (1) of section 105 are given. Punishment under sub-section (3) or (4) will be added only after the payment of the penalty (3) If one or more punishments are ordered under sub-section (1), (2) or (3) of clause (a) of sub-section (1) of section 105, the total duration of such punishment shall not exceed forty-five days.
(4) Soldiers of lower rank than Billadar shall not be punished as per sub-section (7) of clause (a) of sub-section (1) of section 105.
Military Act, 2063
Preamble - 0
Chapter - 4
Section 12: Appointment and filling of postsSection 13: DisqualificationSection 14: Appointing Officer Section 15: Granting the post of Commissioner Section 16: Taking Oath Section 17: Duration of ServiceSection 18: Removal from service and reduction in rankSection 19: Not to open, operate and participate in associations, organizationsSection 20: Education and trainingSection 21: Promotion, leave and other conditions and facilities of service
Chapter - 5
Section 22: Defense of work done in the course of duty Section 23: Immunity from arrestSection 24: Not to be withheld or confiscated Section 25: Immunities and privileges of reserve forces Section 26: Priority in Case MattersSection 27: Complaints about grievance or injusticeSection 28: Not affecting the facilities received according to prevailing laws
Chapter - 6
Section 29: Establishment and Operation of Welfare FundsSection 30: Custodian of the Fund Section 31: Work, Duties and Rights of the CommitteeSection 32: Accounting and auditing of fundsSection 33: Submission of annual report Section 34: Delegation of Powers Section 35: Conditions to be deprived of facilities and concessionsSection 36: Other arrangements
Chapter - 7
Section 37: Deemed to have committed an offense Section 38: Offense related to the enemy Section 39: Mutiny (Mutiny)Section 40: Other Offenses Related to the EnemySection 41: Offense against civil actionSection 42: Fugitive OffensesSection 43: Offense of driving away the person in charge Section 44: Offenses related to assault or threatsSection 45: Offenses related to disobedienceSection 46: Offenses related to loss of propertySection 47: Offenses related to gambling and gamblingSection 48: Offenses related to obstruction and use of criminal forceSection 49: Offenses related to propertySection 50: Offenses related to fraud and tax evasionSection 51: Offenses related to misappropriation or absconding with weapons and other valuablesSection 52: Offenses related to discipline and conductSection 53: Offense related to incomplete document verificationSection 54: Offense relating to false statement or statement Section 55: Offense of fraudulent appointmentSection 56: Offense of escaping from custody Section 57: Offense related to gamblingSection 58: Offenses related to adulterySection 59: Offense relating to court martialSection 60: Offense related to illegal salary withholdingSection 61: Offense of Irregular Arrest or DetentionSection 62: Special Provisions on Crimes of Corruption, TheftSection 63: Miscellaneous OffensesSection 64: Business of offense Section 65: Aiding and abetting the commission of an offense Section 66: NA
Chapter - 8
Section 67: Formation of Military CourtsSection 68: Jurisdiction of military court Section 69: Decision to try a case in a military court or other courtSection 70: Not to be prosecuted more than once for the same offense Section 71: Limitation of prosecutionSection 72: SuitableSection 73: Power to convene court-martial
Chapter - 10
Section 79: Location and Bench of Military CourtSection 80: President of Military CourtSection 81: Presence of Prad VivakSection 82: ObjectionableSection 83: Oath Section 84: Decision-making processSection 85: Keeping in judicial informationSection 86: Issuance of IndentureSection 87: Closed QuestionSection 88: Presumption related to signature Section 89: Document to be evidenced Section 90: Asking for details from a government officialSection 91: Evidence of previous convictions and characterSection 92: Provisions of Evidence Act, 2031 will be applicableSection 93: Section 94: Trial of the insane accusedSection 95: Can release insane accused Section 96: Deranged accused can be handed over to the rightful or custodian Section 97: Auction sale and disposal of goods connected with crimeSection 98: Recognition of Military Court Proceedings Section 99: Suspension and Dissolution of Military CourtsSection 100: Sending missiles
Chapter - 11
Section 101: Punishment by court martialSection 102: which may further reduce the punishmentSection 103: Accused accused of one offense may be punished for another offenseSection 104: Battlefield PunishmentSection 105: Departmental PunishmentSection 106: Extent of Departmental PunishmentSection 107: Collective fines
Chapter - 12
Section 108: Upholding the judgment or sentence of the General Military Court Section 109: Upholding the judgment or sentence of the summary general military court Section 110: Upholding the judgment or sentence of the District Military Court Section 111: Procedures to be followed when upholding the case Section 112: Able to prescribe conditions Section 113: Can reduce the sentence Section 114: Repetition of conviction or sentenceSection 115: Conviction or punishment by summary military courtSection 116: Section 117: Judgment or conviction not valid Section 118: Reconsideration of the order of departmental punishment Section 119: Appeals against orders or judgments of military courts
Chapter - 13
Section 120: Calculation of imprisonment periodSection 121: ImprisonmentSection 122: Period to be considered prisoner of war Section 123: Salary Allowance DeductionSection 124: Computation of time of imprisonment or detention Section 125: Salary Allowance during the pendency of the caseSection 126: Extent of reduction Section 127: Deduction from funds other than provident fund, pensionSection 128: Charges will be made at the same rate as the government balanceSection 129: Pay and Allowance of Prisoners of War Pending Investigation of ConductSection 130: Waiver of DeductionsSection 131: Provision of dependents of prisoners of war from exempted deductionsSection 132: Execution of sentence outside Nepal
Chapter - 14
Section 133: Control and responsibility for arms, ammunition and other military equipmentSection 134: Salary and benefits of Commander-in-ChiefSection 135: Declaration of military action Section 135A: Can be usedSection 136: Military Prison Section 137: Application of this Act to any forceSection 138: Authorities exercising powers in special casesSection 139: Classification and inclusionSection 140: may form a commission of inquirySection 141: Can delegate authoritySection 142: Able to give instructionsSection 143: Power to make rulesSection 144: Repeal and RescueSection 145: Alteration