Title : Power of Criminal Court to Require Delivery of Offender
State : Central
Year : 1950
(1) When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 125 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the Central Government. (2) In every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the Central Government, whose order upon such reference shall be final. View Complete Act List Judgments citing this sectionTitle : Oaths of Member, Judge-advocate and Witness
State : Central
Year : 1950
(1) An oath or affirmation in the prescribed manner shall be administered to ever member of every court-martial and to the judge-advocate before the commencement of the trial. (2) Every person giving evidence before a court-martial shall be examined after being duly sworn or affirmed in the prescribed form. (3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the court-martial is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation. View Complete Act List Judgments citing this sectionTitle : Voting by Members
State : Central
Year : 1950
(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. View Complete Act List Judgments citing this sectionTitle : Reference by Accused to Government Officer
State : Central
Year : 1950
(1) If at any trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the person tried states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received. (2) The written reply of any officer so referred to shall, if signed by him be received in evidence and have the time effect as if made on oath before the court. (3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this..... View Complete Act List Judgments citing this sectionTitle : Finding and Sentence of a Summary Court-martial
State : Central
Year : 1950
(1) Save as otherwise provided in sub-section (2), the finding and sentence of a summary' court-martial shall not require to be confirmed, but may be carried out forthwith. (2) If the officer holding the trial is of less than five years service, he shall not, except on active service, carry into effect any sentence until it has received the approval of an officer commanding not less than a brigade. View Complete Act List Judgments citing this sectionTitle : Restriction of Rule-making Power in Regard to Corporal Punishment
State : Central
Year : 1950
Rules made under section 177 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under the law for the time being in force relating to civil prisons. View Complete Act List Judgments citing this sectionTitle : Cancellation of Conditional Pardon, Release on Parole or Remission
State : Central
Year : 1950
(1) If any condition on which a person has been pardoned or 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, release or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon, release or remission had not been granted. (2) A person whose sentence of transportation* or imprisonment is carried into effect under the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence. View Complete Act List Judgments citing this sectionTitle : Release on Suspension
State : Central
Year : 1950
Where a sentence is suspended under section 182, the offender shall forthwith be released from custody. View Complete Act List Judgments citing this sectionTitle : Order After Suspension
State : Central
Year : 1950
The authority or officer specified in section 182 may, at any time while a sentence is suspended, order-- (a) that the offender be committed to undergo the unexpired portion of the sentence, or (b) that the sentence be remitted. View Complete Act List Judgments citing this sectionTitle : Scope of Power of Suspension
State : Central
Year : 1950
The powers conferred by sections 182 and 186 shall be in addition to and not in derogation of the power of mitigation, remission and commutation. View Complete Act List Judgments citing this section