Power to remit or alter sentences
138. (1) On the review of a sentence awarded by a court-martial, the Government or the Chief of Naval Staff may, subject to the provisions of this section,-
(a) annul the sentence;
(b) remit the sentence in whole or in part;
(c) commute the sentence for any other sentence provided by this Ordinance ; or
(d) if the sentence is for any reason invalid, substitute such other sentence as could be awarded under this Ordinance in respect of the relevant finding or findings.
(2) The punishment awarded by a sentence effective after commutation or substitution under sub-section (1) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by the sentence which is commuted or for which the new sentence is substituted.
(3) Any sentence effective after remission, commutation or substitution under sub-section (1), shall for all purposes be deemed to be the sentence of the court before which the trial took place.