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Section 36 of AFT Act 2007 - Proceedings Before Tribunal to be Judicial Proceedings

Section 36 of the Armed Forces Tribunal Act, 2007 declares that all proceedings before the Armed Forces Tribunal are deemed to be judicial proceedings for the penal-law purposes specified in the section.

Updated: September 7, 2026

In brief: Proceedings before the Armed Forces Tribunal are not treated as merely administrative proceedings. Section 36 gives them the status of judicial proceedings for the offences expressly referred to in the section.

Section 36 - Proceedings before Tribunal to be judicial proceedings

Statutory text: All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code, 1860.

What does "judicial proceeding" mean in Section 36?

The deeming provision gives Tribunal proceedings the legal character of judicial proceedings for the offences specifically identified by Section 36. This is important because conduct such as giving false evidence, corrupt or malicious conduct by a public servant in a judicial proceeding, and intentional insult or interruption during a judicial proceeding attracts specific penal consequences.

Current position after the Bharatiya Nyaya Sanhita, 2023

The published text of Section 36 of the Armed Forces Tribunal Act, 2007 continues to refer expressly to Sections 193, 219 and 228 of the Indian Penal Code, 1860. The Indian Penal Code was repealed by Section 358 of the Bharatiya Nyaya Sanhita, 2023 with effect from July 1, 2024, subject to the repeal-and-savings provisions contained in Section 358.

For current penal-law reference, the corresponding provisions in the Bharatiya Nyaya Sanhita, 2023 are set out below. The original wording of Section 36 should nevertheless be quoted as enacted unless and until the statutory text itself is formally substituted or amended.

IPC provision referred to in Section 36	Subject	Corresponding BNS provision
IPC Section 193	Punishment for false evidence in a judicial proceeding	BNS Section 229 - Punishment for false evidence
IPC Section 219	Public servant in judicial proceeding corruptly making report, order, verdict or decision contrary to law	BNS Section 257 - Public servant in judicial proceeding corruptly making report, etc., contrary to law
IPC Section 228	Intentional insult or interruption to public servant sitting in judicial proceeding	BNS Section 267 - Intentional insult or interruption to public servant sitting in judicial proceeding

IPC Section 193 and BNS Section 229 - False evidence

IPC Section 193 dealt with punishment for intentionally giving false evidence in a judicial proceeding or fabricating false evidence for use in a judicial proceeding. Under the current Bharatiya Nyaya Sanhita, the corresponding provision is Section 229. It continues to provide punishment for intentionally giving or fabricating false evidence in a judicial proceeding.

IPC Section 219 and BNS Section 257 - Public servant acting contrary to law

IPC Section 219 addressed a public servant who corruptly or maliciously makes or pronounces, at any stage of a judicial proceeding, a report, order, verdict or decision known to be contrary to law. The corresponding current provision is Section 257 of the Bharatiya Nyaya Sanhita, 2023.

IPC Section 228 and BNS Section 267 - Insult or interruption

IPC Section 228 dealt with intentional insult or interruption to a public servant while that public servant is sitting in any stage of a judicial proceeding. The corresponding provision is now Section 267 of the Bharatiya Nyaya Sanhita, 2023.

Legal update: Section 358 of the Bharatiya Nyaya Sanhita contains express savings for the previous operation of the IPC, accrued rights and liabilities, penalties or punishments, investigations, proceedings and remedies relating to offences committed under the repealed Code. It also provides that actions taken under the IPC are deemed to have been taken under corresponding BNS provisions.

Why Section 36 matters in AFT proceedings

Section 36 reinforces the adjudicatory character of proceedings before the Armed Forces Tribunal. Statements, evidence and conduct during Tribunal proceedings may therefore carry consequences associated with judicial proceedings, subject to the applicable substantive and procedural criminal law.

The provision should also be read with Section 23, dealing with procedure and powers of the Tribunal, and Section 37, dealing with the status of Members and staff as public servants.

Official legal resources

Related AFT Act provisions

See Section 35 - Provision for filing of certain appeals, Section 37 - Members and staff to be public servants, and Section 38 - Protection of action taken in good faith. The wider statutory structure is available on the Armed Forces Tribunal Act, 2007 page.

This page is an informational presentation of Section 36. For conduct occurring before or after July 1, 2024, the applicable penal provision should be determined with reference to the Bharatiya Nyaya Sanhita, 2023, its repeal-and-savings clause, and any binding judicial interpretation.