⒈ What Is Punitive

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In all cases, these elements involve orders that were issued lawfully. All orders or regulations are lawful unless they violate the Constitution, the laws of the United States, or lawful superior orders. An order may be unlawful if the officer who gave the order did not have the authority to give it. Ignorance of the order is not always an excuse, but sometimes a lack of knowledge of an order or regulation can protect a service member from prosecution.

However, prosecutors can prove knowledge of the order with circumstantial evidence. Article 92 is one of the punitive articles of the UCMJ, which means that someone accused of violating the article can be tried by court martial. Not all general orders or regulations can be enforced: some of them only issue guidelines or advice, and therefore do not fall under Article The Official Text of the Offence:. Knowledge may be proved by circumstantial evidence. Disrespectful behavior is that which detracts from the respect due the authority and person of a superior commissioned officer.

It may consist of acts or language, however, expressed, and it is immaterial whether they refer to the superior as an officer or as a private individual. Disrespect by words may be conveyed by abusive epithets or other contemptuous or denunciatory language. The truth is no defense. Vigilance wing suggests punitive action against suspended IPS officer. The wing has sent its recommendations and advocated disciplinary action against Tak. He was suspended by the state government on Monday. Earlier, after receiving complaints that the officer was allegedly facilitating liquor smuggling, the government had ordered a joint inquiry by the vigilance wing and special operation group of Rajasthan police in June.

An eight-member team of vigilance including two DIG-rank officers investigated the matter.