S.K. Jain vs Union of India 2025 INSC 1215 - AFT - Army Act - Court Martial
Armed Forces Tribunal Act, 2007 - Section 15(6) -Tribunal is empowered to substitute the finding of Court Martial which includes the disciplinary proceedings under the Act and also to interfere with the sentence if the same is found to be excessive, illegal or unjust and to mitigate the punishment awarded -Where the evidence sustains a different, though related offence, the appellate forum is not denuded of power to render a lawful finding merely because the chargesheet mentions another provision. (Para 21- 22)
Armed Forces Tribunal Act, 2007 - Section 30 - Supreme Court in appellate jurisdiction under Section 30 would be slow in interfering with the substituted punishment, unless the order passed by the Tribunal is found to be arbitrary, unreasonable or capricious. (Para 23)
Army Act, 1950 - Section 63,69- Section 63 applies to an act or omission which is not specified in the 1950 Act- Section 69 creates a legal fiction in so far as it pertains to commission of any civil offence by a person subject to provisions of the Act and provides that he shall be deemed to be guilty of an offence under the Act. (Para 18-19)
Case Info
- Case name: S.K. Jain vs Union of India & Anr.
- Neutral citation: 2025 INSC 1215.
- Coram: Justice J.B. Pardiwala and Justice Alok Aradhe.
- Judgment date: October 10, 2025 (New Delhi).
Caselaws and citations
- Union of India & Ors. v. Major General Shri Kant Sharma & Anr. (2015) 6 SCC 773.
- Union of India & Ors. v. R. Karthik (2020) 2 SCC 782.
Statutes and laws referred
- Army Act, 1950: Sections 3(ii), 59, 63, 69, 70, 162.
- Army Rules: Rule 62(4).
- Armed Forces Tribunal Act, 2007: Sections 15(4), 15(6)(a)-(b), 30, 31.
- Arms Act, 1959: Sections 3, 25(1-B).
- Prevention of Corruption Act, 2006 (J&K) (Act No. XIII of 2006 Samvat): Section 5(2).
- Code of Criminal Procedure, 1973: Section 222.
