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Navy Act, 1957 Chapter XVI

Title: Modifications of Findings and Sentences, Pardond and Commutation, Remission and Suspension of Sentences

State: Central

Year: 1957

.....150 has power to issue an order of committal (hereinafter in this section referred to as "the committing authority") may, in lieu of issuing such an order, order that the sentence be suspended until an order of committal is issued, and in such case (a) notwithstanding anything in this Act, the term of the sentence shall not be reckoned as commencing until an order of committal is issued; (b) the case may at any time, and shall at intervals of hot more than three months, be reconsidered by the Central Government or committing authority or the prescribed officer, and if on any such reconsideration it appears to the Central Government or committing authority or such prescribed officer that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, the Central Government or committing authority or such prescribed officer shall remit the whole or any part of it; (c) subject to regulations made under this Act, the Central Government or the committing authority or such prescribed officer may at any time whilst the sentence is suspended issue an order of committal and thereupon the sentence shall cease to be suspended; (d) where a.....

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Coast Guard Act, 1978 Chapter XII

Title: Modifications of Findings and Sentences, Pardons, Commutation and Remission of Sentences

State: Central

Year: 1978

.....petition to the Central Government or to the Director-General, and the Central Government or the Director-General, as the case may be, may pass such orders thereon as it or he may think fit. Section 120 - Powers of Central Government and Director-General in respect of findings and sentences (1) Where any person is tried under the provisions of this Act, the Central : Government or the Director-General may, in the case of a conviction,-- (a) set aside the finding and sentence and acquit or discharge the accused or order him to be re-tried; or (b) alter the finding without modifying the sentence if such sentence may be legally passed on the altered finding; or (c) with or without altering the finding, reduce the sentence or commute the punishment awarded for any punishment inferior in scale; or (d) either with or without conditions, pardon the person or remit the whole or any part of the punishment awarded; or (e) with or without condition release the person on parole: Provided that a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded : Provided further that nothing in this sub-section.....

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Navy Act, 1957 Section 163

Title: Powers of Central Government and the Chief of the Naval Staff in Respect of Findings and Sentences

State: Central

Year: 1957

.....vide Navy (Amendment) Act, 2005. Previous text was Powers of Central Government and the Chief of the Naval Staff in respect of findings and sentence Section (1) Where any person is tried under the provisions of this Act, the Central Government or the Chief of the Naval Staff, may, in the case of a conviction, (a) set aside the finding and sentence and acquit or discharge the accused or order him to be retried, or (b) alter the finding, maintaining the sentence (provided that such sentence may be legally passed on the altered finding), or (c) with or without altering the finding, reduce the sentence or commute the punishment awarded for any punishment inferior in scale, or (d) either with or without conditions, pardon the person or remit the whole or any part of the punishment awarded, or (e) either with or without conditions, release the person on parole : Provided that a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded, and a sentence of dismissal with disgrace not accompanied by a sentence of imprisonment shall not be commuted for a sentence of detention. Provided further that nothing in.....

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Coast Guard Act, 1978 Section 120

Title: Powers of Central Government and Director-general in Respect of Findings and Sentences

State: Central

Year: 1978

.....awarded; or (e) with or without condition release the person on parole: Provided that a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded : Provided further that nothing in this sub-section shall authorise the Central Government or the Director-General to enhance the sentence. (2) Any sentence modified under the provisions of sub-section (1) shall be carried into execution as if it had been originally passed. (3) If any condition on which a person has been pardoned or has been released on parole or a punishment has been remitted is in the opinion of the authority which granted the pardon, release or remission not fulfilled, such authority may cancel the pardon or release or remission and thereupon the sentence awarded shall be carried into effect as if such pardon, release or remission had not been granted: Provided that in the case of a person sentenced to imprisonment or detention, such person shall undergo only the unexpired portion of the sentence

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Army Act, 1950 Section 163

Title: Alteration of Finding or Sentence in Certain Cases

State: Central

Year: 1950

.....or involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a court-martial which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or subsection (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this Act and the rules made thereunder, have effect as if it were a finding or sentence, as the case may be, of a court-martial.

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Air Force Act, 1950 Section 160

Title: Alteration of Finding or Sentence in Certain Cases

State: Central

Year: 1950

.....for the offence specified or involved in such finding : Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the offence. (2) Where a sentence passed by a court-martial which has been confirmed not being a sentence passed in pursuance of a new finding substituted under sub- section (1), is found for any reason to be invalid, the.authority referred to in sub- section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or subsection (2) shall not be higher in the scale of punishments than, or in excess of the punishment awarded by the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall for the purposes of this Act and the rules made thereunder have effect as if it were a finding or sentence, as the case may be, of a court-martial.

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Border Security Force Act, 1968 Section 116

Title: Alteration of Finding or Sentence in Certain Cases

State: Central

Year: 1968

.....in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the Security Force Court on the charge and unless it appears that the Security Force Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Security Force Court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Security Force Court.

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Indo-tibetan Border Police Force Act, 1992 Section 130

Title: Alteration of Finding or Sentence in Certain Cases

State: Central

Year: 1992

.....offence specified or involved in such finding : Provided that no such substitution shall be made unless such finding could have been validly made by the Force Court on the charge and unless it appears that the Force Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Force Court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall, for the purpose of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Force Court.

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Assam Rifles Act, 2006 Section 138

Title: Alteration of Finding or Sentence in Certain Cases

State: Central

Year: 2006

.....involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the Assam Rifles Court on the charge and unless it appears that the Assam Rifles Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by an Assam Rifles Court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1) is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or subsection (2) shall not be higher in the scale of punishment than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall, for the purpose of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of an Assam Rifles Court.

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National Security Guard Act 1986 Section 112

Title: Alteration of Finding or Sentence in Certain Cases

State: Central

Year: 1986

.....in such finding : Provided that no such substitution shall be made unless such finding could have been validly made by the Security Guard Court on the charge and unless it appears that the Security Guard Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Security Guard Court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed under this section shall, for the purposes of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Security Guard Court.

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