LawgistThe Army Act
132Voting by members
(1) Subject to the provisions of sub-sections (2) and (3), every decision of a court-martial shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused.
(2) No sentence of death shall be passed by a general court-martial without the concurrence of at least two-thirds of the members of the court.
(3) No sentence of death shall be passed by a summary general court-martial without the concurrence of all the members.
(4) In matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote.
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PROCEDURE OF COURTS-MARTIAL
- 128 Presiding officer
- 129 Judge advocate
- 130 Challenges
- 131 Oaths of member, judge advocate and witness
- 132 Voting by members
- 133 General rule as to evidence
- 134 Judicial notice
- 135 Summoning witnesses
- 136 Documents exempted from production
- 137 Commissions for examination of witnesses
- 138 Examination of a witness on commission
- 139 Conviction of offence not charged
- 140 Presumption as to signatures
- 141 Enrolment paper
- 142 Presumption as to certain documents
- 143 Reference by accused to Government officer
- 144 Evidence of previous convictions and general character
- 145 Lunacy of accused
- 146 Subsequent fitness of lunatic accused for trial
- 147 Transmission to Central Government of orders under section 146
- 148 Release of lunatic accused
- 149 Delivery of lunatic accused to relatives
- 150 Order for custody and disposal of property pending trial
- 151 Order for disposal of property regarding which offence is committed
- 152 Powers of court-martial in relation to proceedings under this Act
