Sunday, June 12, 2022

Is a court-martial a "special court"?

India's Protection of Children from Sexual Offences Act, 2012, provides for trials in special courts. Notwithstanding that provision, the High Court of Jammu, Kashmir and Ladakh has held in Prasad v. Union of India that a summary general court-martial may try a charge under the 2012 Act as a civil offence under the Army Act s. 69. The court also noted that the petitioner had to seek review within the military justice system.

No comments:

Post a Comment

Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).