Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 3] [Section 15] [Entire Act]

Union of India - Subsection

Section 15(6) in The Armed Forces Tribunal Act, 2007

(6)Notwithstanding anything contained in the foregoing provisions of this section, the Tribunal shall have the power to¬-
(a)substitute for the findings of the Court-Martial, a finding of guilty for any other offence for which the offender could have been lawfully found guilty by the Court-Martial and pass a sentence afresh for the offence specified or involved in such findings under the provisions 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
(b)if sentence is found to be excessive, illegal or unjust, the Tribunal may¬-
(i)remit the whole or any part of the sentence, with or without conditions;
(ii)mitigate the punishment awarded;
(iii)commute such punishment to any lesser punishment or punishments mentioned in the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), as the case may be;
(c)enhance the sentence awarded by a Court-Martial:
Provided that no such sentence shall be enhanced unless the appellant has been given an opportunity of being heard;
(d)release the appellant, if sentenced to imprisonment, on parole with or without conditions;
(e)suspend a sentence of imprisonment;
(f)pass any other order as it may think appropriate.