section 16
Re-trial.
The Armed Forces Tribunal Act, 2007Defence200744 sections6 chapters
Chapter III JURISDICTION, POWERS AND AUTHORITY OF THE TRIBUNAL
Statutory text
- (1) Except as provided by this Act, where the conviction of a person by court martial for an offence has been quashed, he shall not be liable to be tried again for that offence by a court martial or by any other Court.
- (2) The Tribunal shall have the power of quashing a conviction, to make an order authorising the appellant to be retried by court martial, but shall only exercise this power when the appeal against conviction is allowed by reasons only of evidence received or available to be received by the Tribunal under this Act and it appears to the Tribunal that the interests of justice require that an order under this section should be made: Provided that an appellant shall not be retried under this section for an offence other than--
- (a) the offence for which he was convicted by the original court martial and in respect of which his appeal is allowed;
- (b) any offence for which he could have been convicted at the original court martial on a charge of the first-mentioned offence;
- (c) any offence charged in the alternative in respect of which the court martial recorded no finding in consequence of convicting him of the first-mentioned offence.
- (3) A person who is to be retried under this section for an offence shall, if the Tribunal or the Supreme Court so directs, whether or not such person is being tried or retried on one or more of the original charges, no fresh investigation or other action shall be taken under the relevant provision 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 rules and regulations made there under, in relation to the said charge or charges on which he is to be retried.
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