Section 83: Requirement of sanction in certain cases

(1) Subject to the provisions of sub-section (2), the punishments mentioned in section 82 shall not be inflicted in respect of an offence under any of the sections 34, 35 and 36 when committed on active service or under any of the sections 37, 38, 40, 42 (f) and (g), 43, 47, 52, 60, 62, 63, 64, 66(a), (b) and (c) and 71 except with the previous sanction in writing of an officer having power to convene a district court-martial.

(2) The said punishments may be awarded without such sanction in the case of any offence other than an offence under section 34 or section 71, committed by persons who have not been enrolled as combatants.

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 83

S.P. Pandey v. Union of India & Ors.
2024 INSC 80421 October 2024Disposed of

Appellant-Airman, was charged for “Violation of good order and Air Force Discipline” and “Use of insubordinate language to a superior officer”. An order of admonition was passed on 18.05.2010 against the appellant by…