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The Navy Ordinance, 1961

( Ordinance NO. XXXV OF 1961 )

Chapter XII

CONFIRMATION, REVISION AND REVIEW

Power to quash or alter findings
137. (1) On review of a finding of a court-martial, the Government or the Chief of Naval Staff may-
 
 
 
 
(a) in any case, quash the finding;
 
 
 
 
(b) where some other finding of guilty could lawfully have been made by the court before which the trial took place, and it appears to the Government or the Chief of Naval Staff that that court must have been satisfied of facts necessary to justify that other finding, substitute that other finding.
 
 
(2) Where a finding is quashed under sub-section (1), then-
 
 
 
 
(a) if the sentence passed in respect of that finding relates to that finding only, the sentence shall be quashed;
 
 
 
 
(b) if the sentence relates to that and any other finding or findings, the Government or the Chief of Naval Staff may substitute such sentence as is authorised by this Ordinance in respect of the other finding or findings.
 
 
 
 
(3) Where a finding is substituted under sub-section (1) the sentence may be substituted by any other sentence provided by this Ordinance in respect of the substituted finding.
 
 
 
 
(4) The punishment awarded by a sentence substituted under sub-section (2) or sub-section (3) shall not be higher in the scale of punishments than, or in excess of the punishment awarded by the sentence for which the new sentence is substituted.
 
 
 
 
(5) Any finding or sentence substituted under the preceding sub-sections shall for all purposes be deemed to be the finding or sentence of the court before which the trial took place.

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