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The Army Act, 1952

( ACT NO. XXXIX OF 1952 )

Chapter X

CONFIRMATION AND REVISION OF FINDING AND SENTENCES

Finding and sentence not valid unless confirmed
119. No finding or sentence of a general, district or field general court martial shall be valid except in so far as it may be confirmed as provided by this Act.
Power to confirm finding and sentence of general court martial
120. The finding and sentence of a general court martial may be confirmed by the Chief of Army Staff or by an officer empowered in this behalf by warrant of the Chief of Army Staff.
Power to confirm finding and sentence of district court martial
121. The finding and sentence of a district court martial may be confirmed by an officer having power to convene a general court martial or by any officer empowered in this behalf by warrant of any such officer.
Limitation of powers of confirming authority
122. A warrant issued under section 120 or section 121 may contain such restrictions, reservations or conditions as the officer issuing it may think fit.
Power to confirm finding and sentence of field general court martial
123. The finding and sentence of a field general court martial may be confirmed by the convening officer or if the convening officer so directs by an authority superior to him.
Power of confirming authority to mitigate, remit or commute sentences
124. Subject to such restrictions, reservations or conditions, as may be contained in any warrant issued under section 120 or section 121, a confirming officer may, when confirming the sentence of a court martial, mitigate or remit the punishment thereby awarded, or commute that punishment for any less punishment or punishments to which the offender might have been sentenced by court martial or if that punishment is death or transportation for life, for any less punishment or punishments mentioned in this Act:
 
 
 
 
Provided that a sentence shall not be commuted for a sentence of transportation or fine unless the original sentence was awarded in respect of a civil offence:
 
 
 
 
Provided further that a sentence of transportation shall not be commuted for a sentence of rigorous imprisonment for a term exceeding the term of transportation awarded by the court.
Confirmation of finding and sentence on board a ship
125. When any person subject to this Act is tried and sentenced by a court martial while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.
Revision of finding and sentence
126. (1) Any finding or sentence of a court martial which requires confirmation may be once revised by order of the confirming officer, and, on such revision, the court, if so directed by him, may take additional evidence.
 
 
 
 
(2) The court, on revision, shall consist of the same officers as were present when the original decision was passed unless any of those officers are unavoidably absent.
 
 
 
 
(3) In case of such unavoidable absence, the cause thereof shall be duly recorded in the proceedings, and the court shall proceed with the revision, provided that, if a general court martial, it still consists of five officers or, if a field general or district court martial, of three officers.
Finding and sentence of a summary court martial
127. The finding and sentence of a summary court martial shall not require to be confirmed, but may be carried out forthwith:
 
 
Provided that if the officer holding the trial is of less than five years' service, he shall not, except on active service, carry into effect any sentence until it received the approval of an officer having power to convene a district court martial.
Transmission of proceedings of a summary court martial
128. The proceedings of every summary court martial shall without delay be forwarded to an officer having power to convene a district court martial, and such officer, or any higher authority, may, for reasons based on the merits of the case but not on any merely technical grounds, set aside the proceedings or reduce the sentence to any other sentence which the court might have passed.
Substitution of a valid finding or sentence for an invalid finding or sentence
129. (1) Where a finding of guilty by a court martial, which has been confirmed, or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 143 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding, if the new finding could have validly been made by the court martial on the charge and if it appears that the court martial must have been satisfied of the facts establishing the offence specified or involved in the new finding, and may pass a sentence for the said offence.
 
 
 
 
(2) Where a sentence passed by a court martial which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1) is found for any reason to be invalid, the authority referred to in the sub-section may pass a valid sentence.
 
 
 
 
(3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of the punishment awarded by, the sentence for which a new sentence is substituted under this section.
 
 
 
 
(4) For the purposes of this Act, any finding or sentence substituted in accordance with this section for the finding or sentence of a court martial, and any sentence imposed for an offence specified or involved in any such substituted finding, shall have effect as if it were a finding or sentence of a court martial.
Provision in the case of accused being lunatic
130. (1) Whenever, in the course of a trial by court martial, it appears to the court that the person charged is of unsound mind and consequently incapable of making his defence, or that such person committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or that it was wrong or contrary to law, the court shall record a finding accordingly, and the president of the court, or the officer holding the trial as the case may be, shall forthwith report the case to the confirming officer or, in the case of a court martial whose finding does not require confirmation to the prescribed officer.
 
 
 
 
(2) The confirming officer to whom a case is reported under sub-section (1) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another court martial for the offence with which he was originally charged.
 
 
 
 
(3) The prescribed officer to whom a case is reported under sub-section (1) and a confirming officer confirming a finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner, and shall report the case for the orders of the Government.
 
 
 
 
(4) On receipt of a report under sub-section (3), the Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.
 
 
 
 
(5) Where an accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention, the prescribed officer may-
 
 
 
 
(a) if such person is in custody under sub-section (3), on the report of a medical officer that he is capable of making his defence, or
 
 
 
 
(b) if such person is detained in a jail under sub-section (4), on a certificate of the Inspector General of Prisons and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence,
 
 
 
 
take steps to have such person tried by the same or another court martial for the offence with which he was originally charged or, provided that the offence is a civil offence, by a criminal court.
 
 
(6) Where any person is in custody under sub-section (3) or under detention under sub-section (4),-
 
 
 
 
(a) if such person is in custody under sub-section (3), on the report of a medical officer, or
 
 
 
 
(b) if such person is detained under sub-section (4), on a certificate from any of the authorities mentioned in clause (b) of sub-section (5), that, in the judgment of such officer or authority, such person may be released without danger of his doing injury to himself or to any other person,
 
 
 
 
the Government may order such person to be released, or to be detained in custody or to be transferred to a public lunatic asylum if he has not already been sent to such an asylum.
 
 
 
 
(7) Where any relative or friend of any person who is in custody under sub-section (3) or under detention under sub-section (4) desires that he shall be delivered to his care and custody, the Government may, upon the application of such relative or friend and on his giving security to the satisfaction of the Government that the person delivered shall-
 
 
 
 
(a) be properly taken care of and prevented from doing injury to himself or to any other person, and
 
 
 
 
(b) be produced for the inspection of such authority, and at such time and places, as the Government may direct,
 
 
 
 
order such person to be delivered to such relative or friend.
 
 
 
 
(8) A copy of every order made by the prescribed officer under sub-section (5) shall forthwith be sent to the Government.
Remedy against finding and sentence of court martial
131. (1) Any person subject to this Act who considers himself aggrieved by the finding or sentence of a general, field general or district court martial may submit a petition, before confirmation of such finding or sentence, to the officer empowered to confirm it and, after confirmation, to the Government, or the Chief of Army Staff or to any prescribed officer, provided that such prescribed officer is higher in rank than the one who confirmed such finding or sentence.
 
 
(2) Any person subject to this Act who considers himself aggrieved by the finding or sentence of a summary court martial may submit a petition to the Government, or the Chief of Army Staff, or any officer empowered to act under section 128.
Annulment of proceedings
132. The Government or the Chief of Army Staff or any prescribed officer may annul the proceedings of any court martial on the ground that they are illegal or unjust.
Bar of appeals
133. No remedy shall lie against any decision of a court martial save as provided in this Act, and for the removal of doubt it is hereby declared that no appeal or application shall lie in respect of any proceeding or decision of a court martial to any court exercising any jurisdiction whatever.
 
 

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Ministry of Law, Justice and Parliamentary Affairs