It's a brief into the Army Act and Cantonments Act emphasizing the requirements as to police forces

1. THE ARMY ACT, 1950
Application
 junior commissioned officers and warrant officers of the regular
Army;
persons enrolled under this Act;
 persons belonging to the Indian Reserve Forces;
persons belonging to the Indian Supplementary Reserve Forces
when called out for service or when carrying out the annual test;
 officers of the Territorial Army (Territorial Army Act, 1948 )

2. Definitions
Section 3 (v)-“commanding officer” means the officer
whose duty it is under the regulations of the regular
Army, or in the absence of any such regulations, by the
custom of the service, to discharge with respect to that
portion of the regular Army or that department, as the
case may be, the functions of a commanding officer.

3. Chapter III
COMMISSION, APPOINTMENT AND ENROLMENT
 The President may grant to any person . (S. 10)
I. a commission as an officer or;
II. as a junior commissioned officer or ;
III. appoint any person, as a warrant officer of the regular Army.
 An Alien (non-citizen) of India shall not be enrolled in the regular Army, except with the
consent of the Central Government signified in writing. (S. 11) However Nepalese are not
barred for the same.
 Once the conditions of service are understood by the person being enrolled he signs the
enrollement paper and is deemed to be enrolled. For further details please read Sections
13 to 17.

4. Chapter IV
CONDITIONS OF SERVICE
Every person subject to this Act shall hold office during the pleasure of the
President.(S.18)
The Central Government may dismiss, or remove from the service, any person
subject to this Act. Further the Chief of the Army Staff and other senior officers
may also exercise the same powers. (Ss. 19 and 20)
The Central Government may, by notification, make rules restricting to such
extent and in such manner as may be necessary the right of any person subject
to this Act—
a) to attend or address any meeting or to take part in any demonstration
organized by any body of persons for any political or other purposes;
b) to communicate with the press or to publish or cause to be published any
book, letter or other document.
(S.21-modification of certain fundamental rights)

5. CHAPTER V
SERVICE PRIVILEGES
Immunity from attachment and Immunity from arrest for debt in lieu
of process issued by, or by the authority of, any civil or revenue court
or revenue officer. (Ss. 28 and 29)
Immunity of persons attending courts-martial from arrest. It includes
even a legal practitioner. The exemption is applicable while the
person in lieu of summon issued for attending a court-martial is
proceeding to, attending or returning from, a court-martial, be liable
to arrest under civil or revenue process.(S. 30) (similar provisions
S.135 and 135A of CPC, 1908.)

6. Chapter VI
Offences in relation to the enemy and
punishable with death (S.34)
a) Abandonment of any garrison, fortress, post, place or guard;
b) Discouraging any services personnel from acting against the enemy;
c) Show of cowardice by casting away his arms, ammunition, tools or equipment in the presence of enemy ;
d) Intelligence sharing hurting national interests;
e) Directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies;
f) Sends a flag of truce displaying cowardice;
g) Intentionally occasions a false alarm in action reads reports calculated to create alarm or despondency;
h) In time of action leaves his commanding officer or his post, guard, picquet, patrol or party without being
regularly relieved or without leave;
i) Having been captured as a prisoner of war, voluntarily serves with or aids the enemy;
j) knowingly harbors or protects an enemy not being a prisoner;
k) A sentry in time of war or alarm, sleeps upon his post or is intoxicated;
l) Knowingly does any act calculated to imperil the success of the military, naval or air forces of India or any
forces co-operating therewith or any part of such forces;

7. Chapter VI
Mutiny (S.35) punishable with death
a. begins, incites, causes, or conspires with any other persons
to cause any mutiny in the military, naval or air forces of
India or any forces co-operating therewith;
b. joins in any such mutiny;
c. being present at any such mutiny, does not use his utmost
endeavors to suppress the same;
d. knowing or having reason to believe in the existence of any
such mutiny, or of any intention to mutiny or of any such
conspiracy, does not, without delay, give information thereof
to his commanding or other superior officer;
e. endeavors to seduce any person in the military, naval. or air
forces of India from his duty or allegiance to the Union.

8. Other Punishments
• S.38. Desertion and aiding desertion
• S.39. Absence without leave
• S. 40. Striking or threatening superior officers
• S. 41. Disobedience to superior officer
• S. 42. Insubordination and obstruction.
• S. 43. Fraudulent enrolment
• S. 44. False answers on enrolment.
• S. 45. Unbecoming conduct
• S. 46. Certain forms of disgraceful conduct
• S. 47. Ill-treating a subordinate
• S. 48. Intoxication
• S. 49. Permitting escape of person in custody

9. • S. 50. Irregularity in connection with arrest or confinement
• S. 51. Escape from custody
• S. 52. Offences in respect of property
• S. 53. Extortion and corruption
• S. 54. Making away with equipment
• S. 55. Injury to property
• S. 56. False accusations
• S. 57. Falsifying official documents and false declaration
• S. 58. Signing in blank and failure to report

10. • S. 59. Offences relating to courts-martial
• S. 60. False evidence
• S. 61. Unlawful detention of pay
• S. 62. Offences in relation to aircraft and flying
• S. 63. Violation of good order and discipline
• S. 64. Miscellaneous offences
• S.65 to 68 Attempt and abetment

11. Civil Offences
Section 3(ii) “civil offence” means an offence which is triable by a Criminal Court
S.69. Civil offences.—Subject to the provisions of section 70, any person subject to
this Act who at any place in or beyond India commits any civil offence shall be
deemed to be guilty of an offence against this Act and, if charged therewith under
this section, shall be liable to be tried by a court-martial and, on conviction, be
punishable as follows, that is to say,—
(a) if the offence is one which would be punishable under any law in force in India
with death or with transportation, he shall be liable to suffer any punishment,
other than whipping, assigned for the offence, by the aforesaid law and such less
punishment as is in this Act mentioned; and
(b) in any other case, he shall be liable to suffer any punishment, other than
whipping, assigned for the offence by the law in force in India, or imprisonment for
a term which may extend to seven years, or such less punishment as is in this Act
mentioned.

12. 70. Civil offence not triable by court-martial.—A person subject to this
Act who commits an offence of murder against a person not subject to
military, naval or air force law, or of culpable homicide not amounting
to murder against such a person or of rape in relation to such a person,
shall not be deemed to be guilty of an offence against this Act and shall
not be tried by a court-martial, unless he commits any of the said
offences—
(a) while on active service, or (b) at any place outside India, or (c) at a
frontier post specified by the Central Government by notification in this
behalf.

13. Miscellaneous Provisions
• 121. Prohibition of second trial.—When any person subject to this Act
has been acquitted or convicted of an offence by a court-martial or by
a criminal court, or has been dealt with under any of the sections 80,
83, 84 and 85, he shall not be liable to be tried again for the same
offence by a court- martial or dealt with under the said sections.
(Double Jeopardy)

14. Jurisdiction under The Army Act,
1950.
• 125. Choice between criminal court and court-martial.—When a
criminal court and a court-martial have each jurisdiction in respect
of an offence, it shall be in the discretion of the officer commanding
the army, army corps, division or independent brigade in which the
accused person is serving or such other officer as may be prescribed
to decide before which court the proceedings shall be instituted, and,
if that officer decides that they should be instituted before a court-
martial, to direct that the accused person shall be detained in military
custody.

15. • 126. Power of criminal court to require delivery of offender.—(1)
When a criminal court having jurisdiction is of opinion that
proceedings shall be instituted before itself in respect of any alleged
offence, it may, by written notice, require the officer referred to in
section 125 at his option, either to deliver over the offender to the
nearest magistrate to be proceeded against according to law, or to
postpone proceedings pending a reference to the Central
Government. (2) In every such case the said officer shall either deliver
over the offender in compliance with the requisition, or shall
forthwith refer the question as to the court before which the
proceedings are to be instituted for the determination of the Central
Government, whose order upon such reference shall be final. 127

16. Jurisdiction under the Criminal
Procedure Code, 1973.
• Section 475 in Cr.PC- Delivery to commanding officers of persons
liable to be tried by Court- martial.(1) The Central Government may
make rules consistent with this Code and the Army Act, 1950 (46
of 1950 ), the Navy Act, 1957 (62 of 1957 ), and the Air Force Act,
1950 (45 of 1950 ), and any other law, relating to the Armed Forces
of the Union, for the time being in force, as to cases in which
persons subject to military, naval or air force law, or such other
law, shall be tried by a Court to which this Code applies or by a
Court- martial; and when any person is brought before a
Magistrate and charged with an offence for which he is liable
to be tried either by a Court to which this Code applies or by a
Court- martial, such Magistrate shall have regard to such
rules, and shall in proper cases deliver him, together with a
statement of the offence of which

17. he is accused, to the commanding officer of the unit to which
he belongs, or to the commanding officer of the nearest
military, naval or air force station, as the case may be, for the
purpose of being tried by a Court- martial. Explanation.- In this
section-
(a) " unit" includes a regiment, corps, ship, detachment, group,
battalion or company,
(b) " Court- martial" includes any tribunal with the powers similar to those of
a Court- martial constituted under the relevant law applicable to the Armed
Forces of the Union.

18. (2) Every Magistrate shall, on receiving a written application for that
purpose by the commanding officer of any unit or body of soldiers,
sailors or airmen stationed or employed at any such place, use his
utmost endeavours to apprehend and secure any person accused of
such offence.
(3) A High Court may, if it thinks fit, direct that a prisoner detained in
any jail situate within the State be brought before a Court- martial for
trial or to be examined touching any matter pending before the Court-
martial

19. CASE LAWS

20. Case Law I
In Som Dutt Datta vs. Union of India and Others reported in
AIR (1969) SC 414. The Constitution Bench while construing
Rule 3 of the Criminal Courts and Court Martial (Adjustment
of Jurisdiction) Rules 1978 read with Sec. 549 of the Cr.P.C.
(now Section 475 of the Cr.P.C.) held that the option as to
whether the accused be tried before the Criminal Court or by
a Court Martial could be exercised only after the Police had
completed the investigation and submitted the charge- sheet
and that the provisions of the Rule could not be invoked in a
case where the police had merely started an investigation
against a personnel subject to Military, Naval or Air Force law.

21. Case Law I
S.K.Jha Commodre vs State Of Kerala & Anr. (2011 Ker.)
The facts of the present case indicate that three Naval Officers were
arrested on 10th January, 2008 for offences punishable under Sections
143, 147, 148, 452, 307, 326, 427 read with Section 149 of the I.P.C.
and some other penal laws. They were produced before the Magistrate
on the 11th January, 2008 who remanded them to judicial custody. An
application was filed on the 14th January, 2008 by the Commanding
Officer of the Naval Unit to which they belonged for handing over the
accused for trial under the Navy Act, 1957.

22. This application was rejected by the Magistrate holding
that the stage of consideration of the application would
arise only on the completion of the police investigation
which was still at a preliminary stage and that the request
of the Commanding Officer was premature. The order of
the Magistrate was challenged before the High Court of
Kerala in revision. This too has been dismissed on similar
grounds. We see from the facts that the observations of the
Constitution Bench apply fully to the facts herein. The
stage at which the option can be exercised by the
Commanding Officer (as to whether the accused should be
tried before a Court Martial or a Criminal Court) cannot be
examined at this stage as the investigation has not been
completed and a charge-sheet has yet to be submitted.

23. THE CANTONMENTS
ACT, 2006.

24. Powers and duties of police officers
314. Arrest without warrant.—Any member of the police force
employed in a cantonment may, without a warrant, arrest any
person committing in his view a breach of any of the provisions of
this Act which are specified in Schedule IV
Provided that— (a) in the case of a breach of any such
provisions as is specified in Part B of Schedule IV, no person
shall be so arrested who consents to give his name and
address, unless there is reasonable ground for doubting the
accuracy of the name or address so given, the burden of proof of
which shall lie on the arresting officer, and no person so arrested
shall be detained after his name and address have been ascertained;

25. • (b) no person shall be so arrested for an offence under section 300
except— (i) at the request of the person importuned, or of a military
officer in whose presence the offence was committed; or
• (ii) by or at the request of a member of the Military, Naval or Air
Force Police, who is employed in the cantonment and authorized in
this behalf by the Officer Commanding the Station, and in whose
presence the offence was committed or by or at the request of any
police officer not below the rank of assistant sub-inspector who is
deployed in the cantonment and authorized in this behalf by the
Officer Commanding the station.

26. 315. Duties of police officers.—It shall be the duty of all police officers
to give immediate information to the Board of the commission of, or
attempt to commit any offence against the provisions of this Act or of
any rule or bye-law made thereunder, and to assist all cantonment
officers and employees in the exercise of their lawful authority.

27. SCHEDULE IV
CASES IN WHICH POLICE MAY ARREST WITHOUT
WARRANT
PART A
 S.174- Making or selling of food, etc., or washing of
clothes, by infected person.
 S.289(1)(a)(i)- Drunkenness, etc.

28. PART B
183(1) Remaining in, or re-entering, cantonment after notice
of expulsion for failure to attend hospital or dispensary.
 259 Destroying, etc., name of street or number affixed to
building.
282 Feeding animal on faith, etc.
289(1)(a)(ii) Using threatening or abusive words, etc.
289(1)(a)(iii) Indecent exposure of person, etc.
289(1)(a)(iv) Begging.
289(1)(a)(v) Exposing deformity, etc.
289(1)(a)(vii) Gaming.
289(1)(a)(xii) Destroying notice, etc.
289(1)(a)(xiii) Displaces, damages, alters, pavements, gutter,
storm water drain.

29. 289(1)(f) Keeping common gaming-house, etc.
289(1)(g) Beating drum, etc.
289(1)(h) Singing, etc., so as to disturb public peace or order.
 290(6) Setting loose, or setting on, ferocious dog.
296 Discharging fire-arms, etc., so as to cause danger.
 300 Loitering or importuning for sexual immorality.
 304(a) Remaining in, or returning to, a cantonment after notice of
expulsion.

30. SUPPLEMENTAL PROVISIONS
• 352. Extension of certain provisions of the Act and rules to place
beyond cantonments.—The Central Government may, by notification
in the Official Gazette, and subject to any conditions as to
compensation or otherwise which thinks fit to impose, extend to any
area beyond a cantonment and in the vicinity thereof, with or without
restriction or modification, any of the provisions of Chapters VIII to XV
or of any rule or bye-law made under this Act for the cantonment
which relates to the subject-matter of any of those Chapters, and
every enactment, rule or bye-law so extended shall thereupon apply
to that area as if the area were included in the cantonment.