Lawgist16Re-trial
(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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- 1 Short title and commencement
- 2 Applicability of the Act
- 3 Definitions
- 4 Establishment of Armed Forces Tribunal
- 5 Composition of Tribunal and Benches thereof
- 6 Qualifications for appointment of Chairperson and other Members
- 7 Appointment of Chairperson and other Members
- 8 Term of office
- 9 Resignation and removal
- 9A Qualifications, terms and conditions of service of Chairperson and Membe
- 10 Salaries, allowances and other terms and conditions of service of Chairperson and other Members
- 11 Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such Chairperson or Member
- 12 Financial and administrative powers of Chairperson
- 13 Staff of the Tribunal
- 14 Jurisdiction, powers and authority in service matters
- 15 Jurisdiction, powers and authority in matters of appeal against court martial
- 16 Re-trial
- 17 Powers of the Tribunal on appeal under section 15
- 18 Cost
- 19 Power to punish for contempt
- 20 Distribution of business among the Benches
- 21 Application not to be admitted unless other remedies exhausted
- 22 Limitation
- 23 Procedure and powers of the Tribunal
- 24 Term of sentence and its effect on appeal
- 25 Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel
- 26 Condition as to making of interim order
- 27 Power of Chairperson to transfer cases from one Bench to another
- 28 Decision to be by majority
- 29 Execution of order of Tribunal
- 30 Appeal to Supreme Court
- 31 Leave to appeal
- 32 Condonation
- 33 Exclusion of jurisdiction of civil courts
- 34 Transfer of pending cases
- 35 Provision for filing of certain appeals
- 36 Proceedings before Tribunal to be judicial proceedings
- 37 Members and staff of Tribunal to be public servants
- 38 Protection of action taken in good faith
- 39 Act to have overriding effect
- 40 Power to remove difficulties
- 41 Power of Central Government to make rules
- 42 Power to make rules retrospectively
- 43 Laying of rules
