How to prosecute an Army man?
Md Shadab Ansari
(Querist) 21 August 2009
This query is : Resolved
An army man is sending obscene mails n scraps to a girl who is also from army.How the girl prosecute that man?Can he be prosecuted under Information Technology Act and IPC.Are there special procedure for them?Is civilian laws applicable to them?Please give me detail how to prosecute him?Thanks
kiran kumbhar
(Expert) 21 August 2009
If that man and that girl is engaged in the service if Army then other civilian laws are not applicable to them. That girl has to approach the senior authority and has to file complaint against him. That man will be tried by the Court Marshal of Army.
Advocate SK Rohilla New Delhi
(Expert) 21 August 2009
Dear Friend,
Make a written complaint to Commanding Officer of Unit where the said gentleman is posted.
make a prayer to provide status report timely and promptly.
If no action is taken in this matter post a written complaint to General Officer Commanding or General Officer Commanding in Chief, Chief of Army Staff.
the above shall be sufficient to teach him a good lesson.
Md Shadab Ansari
(Querist) 21 August 2009
If the complainant is not satisfied by the order of Marshal court then where the appeal lie direct to the SC or HC?And if the sperior authority doesnt hear her then where she move SC or HC?Can she move SC directly through SLP?Pl provide me details.
Shashikant V. Patil
(Expert) 22 August 2009
You need not to go to HC or SC. Our Learned friend, Adv Rohilla had given right direction to write a complaint to his Commanding Officer to inquire the matter, you need to give all proofs alongwith a complaint. Surely he has to take disciplinary action against this army man. Army personnel are not covered under the civil offence except rape and murder, they are trial by under the Defence rules and regulation and Army act.
VIKAS RAJ CHHAJER
(Expert) 25 August 2009
Please i don't want to advice as there is strike in our district so please pray for us that our high court may not broke and we may live unitedly.
For your matter i will respond but after few days.
Vikas Raj Chhajer
Sudhir Kumar, Advocate
(Expert) 07 May 2015
I tend to disagree.
Army man is never immune from IPC.
The offense committed by him per-se is not an offense under Army Act so no court marital can he held for this. (if any experts holds different view he may quote specific section of Army Act)
Give a complaint to thana.
They know how/when to approach Army if at all they need to.
Approaching his seniors is best help to him. They will reply after 1 1/2 year that the case is not in their jurisdiction.
