Section 120
Calculation Of The Period Of Imprisonment
(1) The term of imprisonment imposed on a person by a Court Martial pursuant to this Act shall be counted from the date he/she is taken into custody irrespective of whether such penalty has been reheard or not, and from the date when the Chairperson signs the penalty in a case of the original proceeding of the case and an officer of Court Martial signs the penalty in a case of the Summary Court Martial.
(2) If a person convicted by a Court Martial for an offence during a military operation is imposed an imprisonment rather a dismissal from the service, and such person could not be sent to the prison for any reason, the prescribed officer may give an instruction assigning him/her to carry out the responsibilities for his/her post.
(3) The period of service performed pursuant to Sub-section (2) shall be counted in the period of imprisonment.
(2) If a person convicted by a Court Martial for an offence during a military operation is imposed an imprisonment rather a dismissal from the service, and such person could not be sent to the prison for any reason, the prescribed officer may give an instruction assigning him/her to carry out the responsibilities for his/her post.
(3) The period of service performed pursuant to Sub-section (2) shall be counted in the period of imprisonment.
Army Act, 2063 (2006
Chapter - 4
Section 12: Appointment And Fulfillment Of VacancySection 13: Ineligibility (disqualifications)Section 14: Appointing AuthoritySection 15: CommissionSection 16: OathSection 17: Tenure Of OfficeSection 18: Removing From The Service And Demotion From The RankSection 19: Restriction On Establishing And Operating Organization OrassociationSection 20: Training And InductionSection 21: Promotion, Leave And Other Terms And Conditions Of Services
Chapter - 5
Section 22: Protecting The Acts Performed During The Discharge Of DutiesSection 23: Immunity From ArrestSection 24: Not To Freeze Or ForfeitSection 25: Immunity And Privilege Of The Reserve ForceSection 26: Priority In The CasesSection 27: Complaint Regarding Any Sufferings Or InjusticeSection 28: No Effect On Facilities Entitled In Accordance With Existing Laws
Chapter - 6
Section 29: Establishment And Operation Of Welfare FundSection 30: Patron Of The Welfare FundSection 31: Functions, Duties And Powers Of The CommitteeSection 32: Account Of Fund And AuditSection 33: Submission Of Annual ReportSection 34: Delegation Of PowersSection 35: Situations For Depriving From Facilities And ConcessionsSection 36: Other Arrangements
Chapter - 7
Section 37: To Be Deemed To Have Committed An OffenceSection 38: Enemy Related OffencesSection 39: MutinySection 40: Enemy-related Other OffencesSection 41: Offences Against Military OperationSection 42: Desertion-related OffencesSection 43: Offence Of Allowing Someone In Custody To EscapeSection 44: Offence Relating To Assault Or IntimidationSection 45: Defiance Related OffenceSection 46: Offences Related To Loss Or Damage To PropertySection 47: Offences Relating To Forgery Or Falsifying ParticularsSection 48: Offence Related To Obstruction Or Use Of Criminal ForceSection 49: Offence Against PropertySection 50: Offences Regarding Cheating Or CoercionSection 51: Offences Of Desertion With Arms And Other Things Or Their MisuseSection 52: Offence Against Discipline And Code Of ConductSection 53: Offences Related To Certification Of Incomplete DocumentSection 54: Offence Related To False Statements Or DetailsSection 55: Offence Of Taking Appointment By Means Of LyingSection 56: Offence Of Escaping From CustodySection 57: Offences Of False AllegationSection 58: Offences Of Absence Without LeaveSection 59: Offences Related To Court MartialSection 60: Offence Of Freezing Salary IllegallySection 61: Offence Related To Irregular (illegal) Arrest Or DetentionSection 62: Special Provisions Relating To Offences Of Corruption, Theft, Tortureand DisappearanceSection 63: Miscellaneous OffencesSection 64: AttemptSection 65: InducementSection 66: Offences Under Other Laws
Chapter - 8
Section 67: Formation Of Court MartialSection 68: Jurisdiction Of Court MartialSection 69: Decision To Proceed A Case In Court Martial Or Other CourtSection 70: Save From Double JeopardySection 71: Limitation To File A CaseSection 72: Liable To ProsecutionSection 73: Authority To Convene Court Martial
Chapter - 10
Section 79: Duty Station And Bench Of Court MartialSection 80: Chairperson Of Court MartialSection 81: Presence Of Judge Advocate General (prad Viwak)Section 82: Objection May Be RaisedSection 83: OathSection 84: Procedures For Decision MakingSection 85: Taking Judicial NoticeSection 86: SummoningSection 87: Sealed Questionnaire (banda Sawal)Section 88: Presumption Of SignatureSection 89: Documents Admissible As An EvidenceSection 90: Requesting Information From Governmental AuthoritiesSection 91: Previous Penalty And Character As An EvidenceSection 92: Provisions Of Evidence Act, 2031 (1974) To Be ApplicableSection 93: Defence Of Mentally Abnormal AccusedSection 94: Trial Of A Mentally Abnormal AccusedSection 95: A Mentally Abnormal Accused May Be ReleasedSection 96: A Mentally Abnormal Accused May Be Handed Over To Thesuccessor Or GuardianSection 97: Auction And Management Of Materials Relevant To An OffenceSection 98: Recognitions Of The Actions Of Court MartialSection 99: Postponement And Dissolution Of Court MartialSection 100: Forwarding Files
Chapter - 11
Section 101: Penalties Which May Be Imposed By Court MartialSection 102: Addition Or Reduction Of PenaltySection 103: A Person Accused Of An Offence May Be Convicted Of OtheroffencesSection 104: Battlefield PenaltySection 105: Departmental ActionSection 106: Limit On Departmental ActionSection 107: Collective Fine
Chapter - 12
Section 108: Approval Of The Decision Of Penalty Of General Court MartialSection 109: Approval Of The Decision Or Penalty Of Summary General CourtmartialSection 110: Approval Of The Decision Of The District Court MartialSection 111: Procedures Applicable In The Approval Of A CaseSection 112: Conditions May Be Laid DownSection 113: Reduction Of PenaltySection 114: Rehearing (revision) Of Decision Or PenaltySection 115: Decision Or Penalty Of Summary Court MartialSection 116: Alteration Of Decision Or PenaltiesSection 117: Non-recognition Of Decision Or ApprovalSection 118: Reviewing Order Of Departmental ActionSection 119: Appeal Against The Decision Or Order Of Court Martial
Chapter - 13
Section 120: Calculation Of The Period Of ImprisonmentSection 121: Executing The Penalty Of ImprisonmentSection 122: Period To Be Considered As Prisoner Of WarSection 123: Reduction In Salaries And AllowancesSection 124: Calculation Of Period Of Absence Without Leave Or CustodySection 125: Salary And Allowances During TrialSection 126: Limits Of ReductionSection 127: Reduction From Amounts Other Than Provident Fund And PensionSection 128: Reimbursement As If The Governmental DuesSection 129: Salary And Allowances Of A Person Of War During The Inquiry OnconductSection 130: Reductions May Be ExemptedSection 131: Arrangement For The Dependants Of Prisoners Of War From Themoney So ExemptedSection 132: Execution Of Penalties During The Stay Outside Of Nepal
Chapter - 14
Section 133: Control And Responsibility On Arms, Ammunition And Military EquipmentSection 134: Salary And Benefits To The Chief Of Army StaffSection 135: Declaration Of Engaged In Military OperationSection 136: Military PrisonSection 137: Applicability Of This Act To Any Other ForceSection 138: Officer Who Exercises Powers In A Special CircumstanceSection 139: Classification And InclusionSection 140: Commission Of Inquiry May Be FormedSection 141: Delegation Of AuthoritySection 142: Instruction May Be IssuedSection 143: Powers To Frame RulesSection 144: Repeal And SavingSection 145: Modifications