Practice Relating to Rule 4. Definition of Armed Forces
India’s Army Act (1950) defines the term “the Forces” as meaning “the regular Army, Navy and Air Force or any part of any one or more them”.
India’s Criminal Law (Amendment) Act (2013) states:
(c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; …
Shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
Explanation. – For the purposes of this subsection, –
(a) “armed forces” means the naval, military and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government.
The Report on the Practice of India refers to a decision of the Supreme Court which did not consider, for administrative purposes, civilian clerks of a special police unit (the Indo-Tibetan Border Force, which is itself part of the armed forces of India) as members of the armed forces. According to the report, however, members of this force might be treated as combatants for the purpose of the application of IHL.