Army Act, 1950 · Chapter VI: Offences
Section 39: Absence without leave
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) absents himself without leave; or
(b) without sufficient cause overstays leave granted to him; or
(c) being on leave of absence and having received information from proper authority that any corps, or portion of a corps, or any department, to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay; or
(d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty; or
(e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or
(f) when in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or
(g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there;
shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 39
-
Union of India & Ors. v. Lt. Col. Rahul Arora
Legality of the appointment of Judge Advocate who was admittedly junior to the respondent.
- Ex Sepoy Madan Prasad v. Union of India and
- Sep. Satgur Singh v. Union of India & Ors.
- Union of India & Ors. v. Ex. No.6492086A Sep/Ash Kulbeer Singh
- Union of India & Others v. Col Ran Singh Dudee
- Union of India & Ors. v. Vishav Priya Singh
- Ramesh Kumar v. Union of India & Ors.
- Union of India & Ors. v. Ex-Gnr Ajeet Singh
- Union of India & Ors. v. Dinesh Prasad
- Union of India and Anr v. Charanjit S. Gill and Ors