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The Army Act, 1952

( ACT NO. XXXIX OF 1952 )

Chapter IX

COURTS MARTIAL

Constitution, Jurisdiction and Powers of Courts Martial

Voting of members
105. (1) Every decision of a court martial shall be passed by an absolute majority of votes; and where there is an equality of votes, as to either finding or sentence, the decision shall be in favour of the accused:
 
 
 
 
Provided that no sentence of death shall be passed without the concurrence, in the case of a general court martial of at least two-thirds of the members and, in the case of a field general court martial of all the members, of the court.
 
 
 
 
(2) In matters other than a challenge or the finding or sentence, the president shall have a second or casting vote.

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