The Role Of Army Lawyer In Delhi

Written by:

Adv Tanvi Malik

Updated: 06-03-2024

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An Army lawyer is an essential link in the complicated chain of command within the Indian Armed Forces, administering justice and enforcing the law. These lawyers, sometimes referred to as Judge Advocate General (JAG) officers, are important members of the armed services system. Army lawyers are crucial in preserving law and order, discipline, and the rule of law in the security forces in Delhi, the center of India's political as well as military policy.

Army Act: What is It?

India's military is governed by a number of laws, the most significant of which being the Army Act.
This Act, which was passed in 1950, is applicable to both soldiers enrolled under it and those who serve in the Indian Reserve Force.

Defects in Army Laws

No Provision for Bail: There is no bail provision for a military official who has been arrested. Depending on their authority, a military official's superior may grant bail. The Supreme Court has established a number of normative guidelines that govern the granting of bail. But granting bail appears to be based on someone's authority, which is irrational.
Double Jeopardy: Article 20(2) of the Indian Constitution strengthens the right to be free from prosecution. Although this defense is accessible under the military justice system, it cannot be used in a civil court to prevent a retrial for the same offense.
Absence of an Appeal Rights: The process for a condemned person to appeal to a higher court is non-existent. According to Section 164(2) of the Military Act, an individual who feels offended by a military court's decision or sentence may file a request with the government, the military chief, or any other recommended higher official who oversaw the official who confirmed the decision or sentence. As a result, the government, the military chief, or the other official may grant such requests because the circumstances may also warrant it.

Role of Army Lawyer in Delhi: Sharks of Law

Legal Advice: The provision of legal advice is one of their most obvious functions. Most of the individuals in the armed forces, from recently recruited and hired soldiers to high-ranking officers, can at some of the point profit from legal counsel. Army Lawyers, they are often nd frequently advise commanders on how to carry out and move forward their responsibilities in a legal manner, by ensuring that no legal rights or norms are violated or breached in the process.
Ability for Representation: This is their ability to represent. It can be intimidating and tasking to be facing in front a court-martial or any other disciplinary action. This is where the role of the Army Lawyers gets involved, defending the rights of the accused, ensuring that the law is applied at the right place, and providing a strong defense. They mostly defend military personnel in a wide range of settings, including appeals, administrative hearings, as well as a court-martial. Their deep understanding and apprehension of military law enables them to plan as well as pursue the best results or outcomes for their clients.
Obligation to Educate: In addition to all these conventional duties and responsibilities, army lawyers must educate. They mostly provide frequent legal training sessions to ensure that all military personnel are aware and well-known of the most recent legal developments as well as are aware of their rights and obligations.
Handling Command Influence: The possibility and probability of illegal command influence presents a special difficulty for the military legal system. A committed and the best army lawyer detects as well as contests any situation in which choices or results could be improperly or inadequately influenced by many superior officers, guaranteeing justice and fairness.
Ensuring Appropriate Treatment: Upholding discipline and order is the major goal of the military, but it shouldn't come at the price of abuse or any kind of disrespect towards human rights. Regardless of the allegations against them, army lawyers are essential and most important in ensuring that service personnel receive and get fair as well as respectful treatment.

Sharks of Law is a one-stop legal destination of repository of army lawyers’ expertise in army laws possessing the highest legal qualifications in family law matters. You can find a lawyer who satisfies your legal needs with this army law firm. The legal professionals at Sharks of Law have the necessary experience to offer you legal consultation in the areas of army law matters where you need it.

Email:-helpdesk@sharksoflaw.com

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