Section 107 in The Indo-Tibetan Border Police Force Rules, 1994
107. Confirmation and promulgation .-(1) When a confirming authority receives the record of the proceedings of a Court, it shall record its decision thereon and on any sentence and any order which the Court may have made under section 117 on the record of the proceedings in the appropriate Form set out in Appendix VIII and such record of his decision shall form part of the record of the proceedings.
(2)When a Court has accepted a plea of guilty made under rule 80 the confirming authority may confirm its finding notwithstanding that the Court has accepted the plea without the concurrence of the convening officer, if, in the opinion of the confirming authority, it is in the interest of justice to do so.(3)(a)When a Court has rejected a plea to the jurisdiction the plea or to over rule the objection it shall withhold non-objection to a charge, it shall not be necessary for the confirming authority to approve specifically the decision of the Court, but its approval shall be implied from its confirming the finding on the charge to which the plea or objection relates.(b)Where it disapproves the decision of the Court to reject the plea or to over rule the objection it shall withhold confirmation of the finding on the charge to which the plea or objection relates.(4)A confirming authority may state its reasons for withholding confirmation in any case, but if it withholds confirmation where a Court has rejected a plea to the jurisdiction or plea in bar of trial or has over-ruled an objection to the charges because it disapproves the decision of the Court, the confirming authority shall record its decision under sub-rule (1) stating the reason to withhold its confirmation.(5)Where the sentence of a Court is improperly expressed, the confirming authority may in confirming the sentence vary the form thereof so that it shall be properly expressed.(6)Whenever it appears that there is sufficient evidence on a plea of guilty under sub-rule (1) or sub-rule (2) of rule 80 to justify the finding of the Court, such finding and any lawful sentence consequent thereon may be confirmed, and if confirmed, shall be valid, notwithstanding any deviation from these rules, if the accused has not been prejudiced by such deviation.(7)While confirming the finding, the confirming authority may either unconditionally or subject to conditions which the accused accepts, reduce or remit a portion of the sentence or commute the punishment to one lower in the scale of punishment in section 51.(8)(a)When confirming authority has confirmed a finding and a sentence of a Court or has withheld confirmation thereof, it shall send the record of the proceedings to the Commanding Officer of the accused for promulgation to the accused of the finding and sentence or the fact that confirmation has been withheld as the case may be.(b)The fact of promulgation shall be recorded on the record of the proceedings in the Form set out in Appendix IX.(c)Where confirmation has been withheld because the confirming authority disapproves the Court 's decision to reject a plea to the jurisdiction of a plea in bar of trial or to over-rule an objection to the charge, the accused shall be so informed.
