Indian Soldier (Litigation) Act, 1925
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This Blog is written by Amrusha Sengupta from Adamas University (School of Law and Justice) Barasat. Edited by Sonali Priyadarsani.
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INTRODUCTION
The Indian Soldiers (Litigation) Act, 1925 is an integral part of the military laws in India. It provides special protection to the Indian Soldiers who are party to a civil dispute especially when they are serving under special conditions. It gives them a special opportunity and their interest is protected when they are serving at war.
OVERVIEW OF THE ACT
As per Section 3 of this Act, an Indian soldier shall be considered to be serving under special conditions when
a) He is serving at war within or beyond India.
b) Under an order to proceed with field service.
c) Serving with any unit which for the time being is mobilized.
d) Or is Serving under any such condition and that the Court is of the opinion that he will not be able to attend the Court Proceeding.
Section 6 of this Act states that if a soldier is a party to a civil suit and has not appeared before the Court, then the court can suspend the proceeding, however, the court shall not suspend the and will provide a notice
a) If a suit or appeal or application has been filed by the soldier or conjointly by others with an object to enforce a right of pre emption.
b) If the interest of the soldier is identical to any other party to the suit.
Section 7 of this Act if the Court gives a notice under Section 6 then it has to be satisfied that the soldier is serving under special condition and the proceedings can be postponed for a prescribed period of time.
Section 9 of this Act states that if a soldier is on leave for not exceeding 2 months and soon after the leave ends he shall render his service under special condition or is on sick leave not exceeding 3 months and will render his service under special condition immediately the leave is over. Then under this situation, the court proceedings can be postponed for a prescribed period of time.
As per Section 10 of this Act the Court can set aside the orders or decrees passed against the Indian soldier who is serving under Special Condition. However an appeal or application has to be made within 90 days of such decision and Section 5 of the Limitation Act can also be applied.
As per Section 14 of this Act the Central Government has the power to apply the provision of this Act to any other person, but it has to notify at the official gazette.
CRITICAL ANALYSIS
This Act provides a special protection to the army men who are serving under special condition in civil and revenue disputes. This Act is for the protection of the interest of the soldiers who are serving our country and is responsible for the protection of the citizens.
CONCLUSION
This Act is a step towards developing the Military laws in India. It proves that under special conditions special laws will always be there and will act as an exception in order to protect the interest of the army men who are serving our country under emergency situation.
REFERENCE
[1] The Indian Soldier (Litigation) Act, 1925 (India).