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The Army Act, 1952

( ACT NO. XXXIX OF 1952 )

Chapter XII

PARDONS, REMISSIONS AND SUSPENSION

Pardons and remissions
143. (1) When any person subject to this Act has been convicted by a court martial of any offence, the Government or the Chief of Army Staff or any officer not below the rank of 1[Brigadier General] empowered in this behalf by the Chief of Army Staff may-
 
 
 
 
(i) either without conditions or upon any conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or
 
 
 
 
(ii) mitigate the punishment awarded or commute such punishment for any less punishment or punishments mentioned in this Act:
 
 
 
 
Provided 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, and a sentence of rigorous imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of rigorous imprisonment awarded by the court.
 
 
(2) If any condition on which a person has been pardoned or a punishment has been remitted is, in the opinion of the authority which granted the pardon or remitted the punishment, not fulfilled, such authority may cancel the pardon or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon had not been granted or such punishment had not been remitted:
 
 
 
 
Provided that, in the case of a person sentenced to transportation, rigorous imprisonment, or detention, such person shall undergo only the unexpired portion of his sentence.
 
 
 
 
(3) When under the provisions of sub-section (5) of section 62 a non-commissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purposes this section, be treated as a punishment awarded by sentence of a court martial.
Suspension of sentence of transportation, rigorous imprisonment or detention
144. (1) Where a person subject to this Act has been sentenced by a court martial to transportation, rigorous imprisonment or detention, the Government, or the Chief of Army Staff, or any officer empowered to convene a general or field general court martial may suspend the sentence whether or not the offender has already been committed to prison or custody.
 
 
 
 
(2) The authority or officer specified in sub-section (1) may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or custody.
 
 
 
 
(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, mitigated or commuted.
Orders pending suspension
145. (1) Where the sentence referred to in section 144 is imposed by a court martial other than a summary court martial the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to custody until the orders of the authority or officer specified in section 144 have been obtained.
 
 
 
 
(2) Where a sentence of rigorous imprisonment or detention is awarded by a summary court martial, the officer holding the trial or the officer authorised to approve the sentence under the proviso to section 127 may make the direction referred to in sub-section (1).
Release on suspension
146. Where in accordance with any order passed under section 144 a sentence is suspended, the offender shall, whether he has been committed to prison or custody or not, be released forthwith.
Computation of period of sentence under suspension
147. Any period during which a sentence is under suspension shall be reckoned as part of the term of such sentence.
Power to set aside suspension or to order remission
148. The authority or officer specified in section 144 may, at any time whilst a sentence is suspended, order-
 
 
 
 
(a) that the offender be committed to undergo the unexpired portion of the sentence; or
 
 
 
 
(b) that the sentence be remitted.
Periodical review of suspended sentence
149. (1) Where a sentence has been suspended, the case may at any time and shall, at intervals of not more than four months be reconsidered by the authority or officer specified in section 144 or by an officer not below the rank of field officer duly authorised in this behalf by the authority or officer specified in section 144.
 
 
 
 
(2) Where on such reconsideration by the officer authorised in this behalf under sub-section (1), it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the case to the authority or officer specified in section 144.
Procedure on further sentence of offender whose sentence is suspended
150. Where an offender, while a sentence on him is suspended, is sentenced for any other offence, then-
 
 
 
 
(a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently;
 
 
 
 
(b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or military custody on the unexpired portion of the previous sentence, but both sentences shall run concurrently; and
 
 
 
 
(c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 148 or 149 continue to be suspended.
Scope of power of suspension
151. The powers conferred by section 144 or section 148 shall be in addition to and not in derogation of the powers of mitigation, remission or commutation of sentences.
Effect of suspension on dismissal
152. (1) Where in addition to any other sentence, the punishment of dismissal has been awarded by a court martial, and such other sentence is suspended under section 144, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 144.
 
 
 
 
(2) If such other sentence is remitted under section 148 the punishment of dismissal shall also be remitted.
 
 

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    The words “Brigadier General” were substituted for the word “brigadier” by section 22 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)
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