Section 3 of the Armed Forces Tribunal Act, 2007 - Definitions

Section 3 of the Armed Forces Tribunal Act, 2007 defines the principal expressions used throughout the Act. These definitions are important for understanding who constitutes a Member of the Tribunal, what amounts to a court martial or military custody, and what disputes fall within the expression "service matters."

Statutory context

The Armed Forces Tribunal Act, 2007 is Act No. 55 of 2007. It was enacted on 25 December 2007 and came into force on 15 June 2008. Section 3 forms part of Chapter I, titled "Preliminary."

Section 3 - Definitions

Section 3 begins with the words: "In this Act, unless the context otherwise requires". The definitions therefore govern the meaning of the specified expressions throughout the Act unless the context requires a different interpretation.

(a) Administrative Member: "Administrative Member" means a member of the Tribunal who is not a Judicial Member within the meaning of clause (g).
(b) Application: "Application" means an application made under sub-section (2) of section 14.
(c) Appointed day: "Appointed day" means the date with effect from which the Tribunal is established by notification under section 4.
(d) Bench: "Bench" means a Bench of the Tribunal.
(e) Chairperson: "Chairperson" means the Chairperson of the Tribunal.

(f) Court martial: "Court martial" means a court martial held under the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957), including the disciplinary courts constituted under that Act, or the Air Force Act, 1950 (45 of 1950).
(g) Judicial Member: "Judicial Member" means a member of the Tribunal appointed as such under the Act, and includes the Chairperson who possesses any of the qualifications specified in sub-section (2) of section 6.
(h) Member: "Member" means a member, whether Judicial or Administrative, of the Tribunal and includes the Chairperson.
(i) Military custody: "Military custody" means the arrest or confinement of a person according to the usages of the service and includes naval or air force custody.
(j) Notification: "Notification" means a notification published in the Official Gazette.
(k) Prescribed: "Prescribed" means prescribed by rules made under the Act.
(l) President: "President" means the President of India.
(m) Rules: "Rules" means the rules made under the Act.
(n) Service: "Service" means the service within or outside India.

Meaning of "service matters" under Section 3(o)

Clause (o) is one of the most important definitions in the Act because the Tribunal's jurisdiction under Section 14 is expressly concerned with service matters.

(o) "Service matters", in relation to persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), mean all matters relating to the conditions of their service and include:

remuneration, including allowances, pension and other retirement benefits;
tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service and penal deductions;
summary disposal and trials where the punishment of dismissal is awarded; and
any other matter whatsoever, subject to the statutory exclusions stated below.

Matters excluded from the definition of "service matters"

Section 3(o) expressly excludes the following categories from "service matters":

orders issued under section 18 of the Army Act, 1950, sub-section (1) of section 15 of the Navy Act, 1957, and section 18 of the Air Force Act, 1950;
transfers and postings, including change of place or unit on posting, whether individually or as part of a unit, formation or ship, in relation to persons subject to the Army Act, Navy Act or Air Force Act;
leave of any kind; and
summary court martial, except where the punishment is dismissal or imprisonment for more than three months.

Why the exclusion matters: A dispute does not become a "service matter" merely because it arises during military service. The inclusionary and exclusionary parts of Section 3(o) must be read together when considering the Tribunal's jurisdiction.

(p) Summary disposals and trials: "Summary disposals and trials" means summary disposals and trials held under the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950).
(q) Tribunal: "Tribunal" means the Armed Forces Tribunal established under section 4.

How Section 3 connects with other provisions of the AFT Act

The definitions in Section 3 operate throughout the Act. In particular, the meaning of "application" points to Section 14(2), "appointed day" and "Tribunal" connect with Section 4, the definition of "Judicial Member" refers to Section 6(2), and the definition of "service matters" is central to determining the scope of the Tribunal's service jurisdiction under Section 14.

Official statutory reference

The current central legislation and related notifications can be checked on the Government of India's India Code portal: Armed Forces Tribunal Act, 2007 - India Code.

Legal note: This article is a general reference to the statutory definitions. The applicability of a particular definition and the jurisdiction of the Armed Forces Tribunal depend on the facts, the relevant provisions of the AFT Act and the applicable service law.

Reviewed against the current India Code listing: September 2026.