Chapter-8 Formation and Jurisdiction of Court Martial

Chapter-8 Formation and Jurisdiction of Court Martial
67. Formation of Court Martial :

(1) For the purpose of the trial and disposal of a case related to the offence as referred to in Chapter-7, the
court martial shall be formed as following:
(a) The General Court Martial consisting Five officers as One General (Rathibrinda), Two Colonel Mahasenani)
or Lieutenant Colonel (Pramukh Senani) and Two Majors (Senani).
(b) The Summary General Court Martial comprised of Three officers including at least Two officers of the
rank of Major (Senani).
(c) The District Court Martial comprised of Three officers as officers completed Three years of the term of
Commissioner.
(d) The Summary Court Martial comprised of One officer who commands the Department, Formation or Unit of
the Nepal Army.
(2) There shall be at least One officer who is a law graduate to the extent available, in the Court Martial as referred to Clause (a) and (b).
(3) For the purpose of assisting the proceeding of the Summary Court Martial, there shall be Two Officers or Two Junior Commissioned Officers (Padik) or One from each rank.
(4) The Court Martial shall not proceed with or hear the case if the Court Martial, lacks the number of persons therein as referred to in Sub- section (1).

68. Jurisdiction of Court Martial: The jurisdiction of the Court Martial shall, except on the cases as referred to in Sections 62 and 66, be as following:
(a) The power of trial, hearing and adjudicating and imposing penalty upon disposal of a case of an offence committed by a person under the jurisdiction of this Act shall be with the General Court Martial
and Summary General Court Martial.
(b) The power of trial, hearing, adjudication and imposing penalty upon disposal of a case of an offence, in which maximum Two years’ imprisonment may be imposed, committed by a person under the
jurisdiction of this Act except a person of the rank of officer or Junior Commissioned Officer shall be with the District Court Martial.
(c) Subject to the provisions mentioned in the following Sub-clauses, the power of trial, hearing, adjudication and imposing penalty upon disposal of a case of an offence, committed by the person under the
jurisdiction of this Act except a person of the rank of officer or Junior Commissioned Officer shall be with the Summary Court Martial.
(i) A case for which One year imprisonment may be imposed, if the Court Martial is convened by the officer of the rank of Lieutenant Colonel (Pramukh Senani) or senior to him/her,
(ii) A case in which Six months imprisonment may be imposed, if
the Court Martial is convened by an officer of the rank below
Lieutenant Colonel (Pramukh Senani).
69. Decision to proceed a case in Court Martial or other court: (1) If
there is a dispute regarding the filing of a case under the jurisdiction of this
Act whether with the Court Martial or other Courts, it shall be filed with
other courts.
(2) If a case is to be filed to another court, the accused shall be
suspended from service and handed over to court where the case has been
registered.
70. Save from double jeopardy: Any person under the jurisdiction of this
Act, after being subjected to trial, hearing and adjudication of an offence as
referred in from Section 38 to Section 65 of this Act by the Court Martial or
other court, or after being subjected to departmental action, shall not be
subjected an action again for the same offence.
71. Limitation to file a case: (1) Except those offences as referred to in
Sections 39, 42, 46, 49, 55, 56, and 62, no case shall be filed before the
Court Martial for an offence after than Three years from the date of cause
of action.
(2) When calculating the time period for the purpose of Sub-section
(1), the period of being held as a prisoner of war or of having been within
the territory of the enemy or of having absconded without arrest after
committing an offence shall not be included.
72. Liable to prosecution : (1) A person who commits an offence while
he/she was under the jurisdiction of this Act, he/she may be held in a
military custody and subjected to trial even such person is does not fail
under the jurisdiction of this Act.
(2) Notwithstanding anything contained in Sub-section (1), except as
provided in the offence as referred to in Sections 39, 42, or 55, no case may
be initiated after the expiry of Six months when his/her applicability of this
Act ceases.
(3) After the imposition of imprisonment by a Court Martial on a
person to whom this Act is applicable, even if such person is removed or
dismissed from the service of the Nepal Army or the applicability of this
Act ceases in respect to him/her in any way, this Act shall remain
applicable to such person until the completion of the penalty imposed on
him/her and such penalty may be implemented.
73. Authority to convene Court Martial: (1) The following officers shall
have authority to convene a Court Martial:
(a) Unless otherwise directed (ordered) by the
Government of Nepal, the Chief of Army Staff or an
officer authorized by him shall convene the General
Court Martial,
(b) Unless otherwise directed (ordered) by the
Government of Nepal, the following officers shall
convene the Summary General Court Marital:
(i) The officer who is authorized by the Chief of
Army Staff,
(ii) The officer who is engaged in a military
operation or a person authorized by him,
(iii) The officer who commands any unit engaged in
a military operation who decides that is not
practical to try a case by the General Court
Martial taking into consideration Army
disciplines and necessity.
(c) The officer who is authorized to convene the General
Court Marital in accordance with Clause (a) or an
officer authorized by him shall convene the District
Court Marital,
(d) The commanding officer of a Department, Formation
or Unit of Nepal Army shall convene the Summary
Court Marital.
(2) The Court Martial Convening Officer shall convene the Court
Martial within Thirty days of the date of the cause of convening.
(3) While authorizing as referred to in Clause (a) and (b) of Sub-
section (1), the authority may lay down conditions as required.