(1) If at any trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the person tried states in his defence any sufficient or reasonable excuse for his unauthorised absence and refers in support thereof to any officer in the service, of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received.
(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court.
(3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial.
(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court.
(3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial.
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More sections of this act
Section 1 · Short title and commencement.Section 2 · Persons subject to this Act.Section 3 · Termination of application of the Act.Section 4 · Definitions.Section 5 · Application of Act to certain forces under the Central Government.Section 6 · Special provision as to rank in certain cases.Section 7 · Commanding Officer of person subject to Air Force law under clause (d) of section 2.Section 8 · Officers exercising powers in certain cases.India Code, Government of India. Text fetched 13 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.