3. Punishment of grave breaches of conventions.—(1) If any person within or without India
commits or attempts to commit, or abets or procures the commission by any other person of, a grave
breach of any of the Conventions he shall be punished,—
(a) Where the offence involves the wilful killing of a person protected by any of the Conventions,
with death or with imprisonment for life; and
(b) in any other case, with imprisonment for a term which may extend to fourteen years.
(2) Sub-section (1) applies to persons regardless of their nationality or citizenship.
(3) For the purposes of this section,—
(a) a grave breach of the First Convention is a breach of that Convention involving an act referred
to in article 50 of that Convention committed against persons or property protected by
that Convention;
1. 14th August, 1961, vide notification No. S.R.O. 222(E), dated 2nd August, 1961, see Gazette of India, Extraordinary, Part II,
sec. 4(ii).
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(b) a grave breach of the Second Convention is a breach of that Convention involving an act
referred to in article 51 of that Convention committed against persons or property protected by
that Convention;
(c) a grave breach of the Third Convention is a breach of that Convention involving an act
referred to in article 130 of that Convention committed against persons or property protected by that
Convention; and
(d) a grave breach of the Fourth Convention is a breach of that Convention involving an act
referred to in article 147 of that Convention committed against persons or property protected by that
Convention.
4. Liability of persons for offences committed outside India.—When an offence under this Chapter
is committed by any person outside India, he may be dealt with in respect of such offence as if it had been
committed at any place within India at which he may be found.
5. Jurisdiction of court.—No court inferior to that of a chief presidency magistrate or a Court of
Session shall try any offence punishable under this Chapter.
6. Proof of application of Convention.—If in any proceeding under this Chapter in respect of a
grave breach of any of the Conventions a question arises under Article 2 of that Convention
(which relates to the circumstances in which the Convention applies), a certificate under the hand of a
Secretary to the Government of India certifying to any matter relevant to that question shall be conclusive
evidence of the matter so certified.
7. Jurisdiction of courts martial.—The Army Act, 1950 (46 of 1950), the Air Force
Act, 1950 (45 of 1950), or the Navy Act, 1957 (62 of 1957), relating to trial by court-martial of persons
who commit civil offences shall have effect for the purposes of the jurisdiction of courts-martial as if this
Chapter had not been passed.