Vidhi Codex

section 15

Jurisdiction, powers and authority in matters of appeal against court martial.

The Armed Forces Tribunal Act, 2007
Defence200744 sections6 chapters
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Chapter III JURISDICTION, POWERS AND AUTHORITY OF THE TRIBUNAL

Statutory text
  1. (1) Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable under this Act in relation to appeal against any order, decision, finding or sentence passed by a court martial or any matter connected therewith or incidental thereto.
  2. (2) Any person aggrieved by an order, decision, finding or sentence passed by a court martial may prefer an appeal in such form, manner and within such time as may be prescribed.
  3. (3) The Tribunal shall have power to grant bail to any person accused of an offence and in military custody, with or without any conditions which it considers necessary: Provided that no accused person shall be so released if there appears reasonable ground for believing that he has been guilty of an offence punishable with death or imprisonment for life.
  4. (4) The Tribunal shall allow an appeal against conviction by a court martial where--
    • (a) the finding of the court martial is legally not sustainable due to any reason whatsoever; or
    • (b) the finding involves wrong decision on a question of law; or
    • (c) there was a material irregularity in the course of the trial resulting in miscarriage of justice, but, in any other case, may dismiss the appeal where the Tribunal considers that no miscarriage of justice is likely to be caused or has actually resulted to the appellant: Provided that no order dismissing the appeal by the Tribunal shall be passed unless such order is made after recording reasons therefor in writing.
  5. (5) The Tribunal may allow an appeal against conviction, and pass appropriate order thereon.
  6. (6) Notwithstanding anything contained in the foregoing provisions of this section, the Tribunal shall have the power to--
    • (a) substitute for the findings of the court martial, a finding of guilty for any other offence for which the offender could have been lawfully found guilty by the court martial and pass a sentence afresh for the offence specified or involved in such findings under the provisions of the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950), as the case may be; or
    • (b) if sentence is found to be excessive, illegal or unjust, the Tribunal may--
      • (i) remit the whole or any part of the sentence, with or without conditions;
      • (ii) mitigate the punishment awarded;
      • (iii) commute such punishment to any lesser punishment or punishments mentioned in the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), as the case may be;
    • (c) enhance the sentence awarded by a court martial: Provided that no such sentence shall be enhanced unless the appellant has been given an opportunity of being heard;
    • (d) release the appellant, if sentenced to imprisonment, on parole with or without conditions;
    • (e) suspend a sentence of imprisonment;
    • (f) pass any other order as it may think appropriate.
  7. (7) Notwithstanding any other provisions in this Act, for the purposes of this section, the Tribunal shall be deemed to be a criminal court for the purposes of sections 175, 178, 179, 180, 193, 195, 196 or 228 of the Indian Penal Code (45 of 1860) and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

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