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What is Court Marshal? Print E-mail
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Written by Team Tarakash   
Monday, 26 November 2007
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A soldier is going through his trial.


Now, the question is what is real need to make separate court for the Army?


A soldier is standing before couple of Majors and Marshals. They are arguing with him. The proceeding last for few hours and then Higher rank officers come to some conclusion. This is a scene of Court Marshal, let's see What is it?

Court Marshal is an important part of Army's Justice forum. This is mainly a British methodology. In 1689 Britain's king Charles the first started this rule by making a law which was known by Mutiny Act. He wanted to make his army more responsible and discipline. Britisher implemented this rule in India too. After Independence India did some modification to this law and applied Army Act 1950 and 1954.

In Court Marshal methodology, Army has given rights to implement there own court institute. Officers who court marshal by the Army law cannot counter the verdict passed during the court marshal proceeding in civilian courts like High Court and Supreme Court.

Now, the question is what is real need to make separate court for the Army? Well, Army should have there separate court for numbers of reasons. First, discipline level of Army is totally different from general civil society. Take an example of a employee who serves in a IT company. One day he gets a higher offer from another company and he lefts his company to join new one. Now, the company he worked with cannot file case against him in court. But, in Army, if a soldier lefts army without completing a required procedure it considers as a big criminal offense. Similarly, if a soldier lefts his troop during a war or if he shouts to his higher officers, it also considers as a offense. So these cases cannot be filed in civil courts but they file in Army courts.

Second reason for establishing Special army court is, army needs to complete the case at the earliest to maintain displine among its crew. We all know that if a case filed in civil court it takes years to reach final verdict, which Army cannot afford.

Therefore, the methodology of court marshal is essential for the army.

 

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VIJAY KUMAR gr said:

Court marshal is not only in ARMY but also in all defence services.
I think ARMY here must be replaced with the word MILITARY
 
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April 02, 2008
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L.Barrett said:

It would be more acceptable as a descriptive piece of information if the author had a better grasp of the English language and the laws of grammar which apply to it.
Appaling effort.
 
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June 27, 2008
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Last Updated ( Tuesday, 05 February 2008 )
 
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