Section 16(2) in The Armed Forces Tribunal Act, 2007
(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.
