AIR 1987 SUPREME COURT 1646 ::1987 (1) IJR (SC) 684 ::1987 CriAppR(SC) 236 ::1987 (3) SCC 340 ::1987 (2) UJ (SC) 219 ::1987 AllCriC ::(1987) AllCriC 436 ::1987 SCC(Cri) 499 ::1987 CalCriLR 159 ::(1987) 2 SCJ 589 ::1987 (2) Crimes 433 ::1987 (1) Supreme 583 ::1987 (3) JT 290

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): A. P. Sen, V. Balakrishna Eradi , JJ

Criminal P.C. (2 of 1974) , S.428, S.5, S.475— Set-off in sentence - Benefit of - Not available to persons convicted and sentenced by Court-Martial - Army Act, Navy Act and Air Force Act constitute special law. 1979 Cri LJ 617 (Ker) and 1986 Cri LJ 563 (Cal) Overruled. Army Act (46 of 1950) , S.167— Navy Act (62 of 1957) , S.151— The provision for set-off contained in S. 428 of the Criminal P.C. can never be attracted in the case of persons convicted and sentenced by Courts-Martial to undergo imprisonment. An examination of the relevant provisions of the Criminal P.C. and the Army Act (as well as the corresponding provisions in the Navy Act and the Air Force Act makes it abundantly clear that S. 428 of the Criminal P.C. can have no applicability whatever in respect of persons convicted and sentenced by Courts-Martial.(Para 6 13) The relevant Chapters of the Army Act, the Navy Act and the Air Force Act embody a completely self-contained comprehensive Code specifying the various offences under those Acts and prescribing the procedure for detention and custody of offenders, investigation and trial of the offenders by Courts-Martial, the punishments to be awarded for the various offences, confirmation and revision of the sentences imposed by Courts-Martial, the execution of such sentences and th....