A soldier is accused of a crime. He will not appear before a regular judge. He will stand before a court martial. This is the military's own court system, and it runs on its own law. If you are a civilian, the same question can become very personal. Can the army try you? That depends on who you are and what you are accused of.
What is a court martial?
A court martial is a court run by the military to try people who serve in the armed forces. Its law is the Pakistan Army Act 1952. Parliament passed it in 1952 and it still governs how soldiers are tried today. The court is made of serving officers, not civilian judges. Its job is to keep discipline in the army.
How many kinds of courts martial are there?
Four. Section 80 of the Army Act lists them:
- General court martial. The most serious kind. At least five officers sit on it, each with three or more years of commission.
- District court martial. At least three officers, each with two or more years of continuous service.
- Field general court martial. Used on active service, when a general court martial is not practical. It also needs at least three officers.
- Summary court martial. The quickest. A commanding officer sits alone, with two officers attending.
Who can be tried by a court martial?
Section 2 of the Army Act answers this. Soldiers and officers of the Pakistan Army come first. So do people enrolled under the Act. The Act also reaches civilians in two situations: people who work for, or travel with, the army on active service; and people accused of offences against defence works or military establishments, or of trying to pull soldiers away from their duty, under the Official Secrets Act 1923.
What punishments can a court martial give?
Section 60 lists the scale. It starts at death and imprisonment for life. Imprisonment can go up to 25 years. The court can also dismiss a soldier from service, detain him for up to six months, reduce his rank, or order fines and forfeiture of pay.
Can you appeal a court martial decision?
Not in a civilian court. Section 133 of the Army Act says no appeal lies against a court martial decision to any court, except what the Act itself allows. What the Act allows is a petition. A convicted person can petition the Federal Government or the Chief of Army Staff. For serious sentences, the Act creates its own Court of Appeals made of military officers.
One more layer exists. The finding of a general court martial must be confirmed by the Chief of Army Staff or an officer he empowers. Nothing takes effect until then. And the Supreme Court has still heard challenges to military trials under its constitutional jurisdiction, which is exactly what happened in the biggest court martial case in recent history.
Can civilians be tried by military courts in Pakistan?
This is the big question, and the answer has changed more than once.
The power comes from a clause added to the Army Act in 1967, during Ayub Khan's rule. Section 2(1)(d) lets the army try civilians accused of offences against defence or military establishments, and Section 59(4) makes them liable to trial under the Act. For decades the provision sat mostly unused.
It came alive in 2015. After the Peshawar school massacre, Parliament passed the 21st Amendment and set up military courts to try terrorism suspects. The courts ran for two years, got a two year extension through the 23rd Amendment in 2017, and their authority ended in January 2019.
Then came 9 May 2023. After the arrest of Imran Khan, protests turned violent and military buildings were attacked. More than 100 people accused in those events were moved from anti terrorism courts to military courts. Their families went to the Supreme Court in Pakistan.
On 23 October 2023 the Supreme Court ruled in Jawwad S. Khawaja v Federation, PLD 2024 SC 337. It declared the trial of civilians by courts martial unconstitutional and struck down Section 2(1)(d). The ruling was historic. Then, in December 2023, a larger bench suspended it and the trials went on.
On 8 May 2025 the Constitutional Bench of the Supreme Court overturned the 2023 verdict by a 5 to 2 majority. It restored Section 2(1)(d) and Section 59(4) and upheld the military court convictions of the May 9 accused. It also told the government and Parliament to make a law within 45 days giving civilians convicted by military courts an independent right of appeal in the High Court, as reported at the time. That law has not been passed. A year later, those convicted are still waiting for that right to appeal, as this follow up report shows.
What does this mean for you?
If you serve in the army, the Army Act is your law and a court martial is your court. The four kinds of courts martial, the punishments, and the petition route are the system you live under.
If you are a civilian, a court martial is possible but narrow. The law that lets it happen is restored, and it covers offences against defence and military establishments. The 2025 Supreme Court verdict said fair trial rights must be protected, and it asked Parliament for a real appeal route. That route is still missing.
The boundary between military justice and civilian courts in Pakistan is set by the Army Act and by the courts, and it has moved twice in two years. Anyone facing a military trial should take the constitutional challenge seriously. If you are involved in any criminal case, knowing your rights under the ordinary law matters first, and an FIR is where every criminal case begins.
You can read more about how the courts work on the Lexiber blog, or check your High Court case status if a case is already running. For anything else, ask Lexiber directly.
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