General Court martial and Assam Rifles?

( I am not a legal proffessional )

IMHO, the law of the land is supreme. 

Any person in the armed forces comes under two laws - Military law and the Civil law. He can be tried by Military law as well as the civil/criminal law if the offense so warrants. 

You can look up the Manual of Military Law ( a.k.a MIML ). All Army Officers and Army units will have a copy of this book. There are two volumes which cover the SCM/GCM procedures and acts.

You can also consult the JAG brach. They will be very helpful and will not charge any money for consultation. There are retired JAG officers ( Military Advocates) who may be able to assist on fee basis.

If a soldier commits murder/rape, a GCM is automatic , ie Unit Commanding Officer will instantly order a GCM. Until GCM proceedings are not complete, he will be kept under arrest. There is a Jail inside every unit. 

If I may ask, are you representing the accused or prosecuting ? 

Assam Rifles have been mainly employed to contain insurgency in Noth East region of India (Assam,Manipur,Meghalaya,Nagaland and Arunachal Pradesh) and these regions are governed by Special act being insurgency prone disturbed areas. Assam Rifles is a para-military organ hence a member is court martialled for grave offence like Rape/murder etc.There is no ifs and buts on this question.Unknowigly, people complicate a simple issue.

There are two types of court martial: 1) Summary court martial. 2) General Court martial.The  only  person who is qualified lawyer in these types of Court Martial is the Advocate General who acts as a guide to the SCM/GCM and all other members of SCM/GCM know nothing about the law but they decide the fate of the accused and are empower to impose DEATH PENALTY.No legal help is provided to the accused and a departmental officer acts as defence lawyer since there is no provision to provide lawyer on Govt. expences and soldiers, Airmen,Sailors and para-military personnel belong to poor catagory ,it generally leads to conviction and heavy punishment but who have the resources to hire their own civilian lawyers get acquitted on very grave charges because they have the know how of law.

On conviction, one can either submit petition for revision of punishment to CAS,CNS,CAFS or Chief of Assam Rifles etc.Appeal to High Court of the state where the SCM/GCM is held ( and Supreme Court) is permissible.