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Home Bare Acts Phrase: findingArmy 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.
View Complete Act List Judgments citing this sectionAir 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.
View Complete Act List Judgments citing this sectionBorder 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.
View Complete Act List Judgments citing this sectionIndo-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.
View Complete Act List Judgments citing this sectionAssam 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.
View Complete Act List Judgments citing this sectionNational 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.
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 130
Title : Alteration of Finding or Sentence in Certain Cases
State : Central
Year : 2007
.....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 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 (sic) 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, have effect as if it were a finding or sentence, as the case may be, of a Force Court.
View Complete Act List Judgments citing this sectionNavy 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.....
View Complete Act List Judgments citing this sectionCoast 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.....
View Complete Act List Judgments citing this sectionNavy Act, 1957 Section 118
Title : Drawing Up of the Finding
State : Central
Year : 1957
(1) The trial judge advocate shall then draw up the finding as announced by the court. (2) The finding so drawn up shall be signed by all the members of the court by way of attestation notwithstanding any difference of opinion there may have been among the members and shall be countersigned by the trial judge advocate. (3) Where the finding on any charge is one of not guilty the court shall acquit the accused of that charge. (4) If the accused is acquitted of all the charges, the court shall, after signing the findings as provided in sub-section (2), be dissolved. (5) Neither the court nor the trial judge advocate shall announce in open court whether the finding was unanimous or not; but the president shall make a record of the division of voting on each finding without disclosing the vote or opinion of any particular member of the court-martial and such record shall be communicated to the trial judge advocate for transmission to the Judge Advocate-General of the Navy.
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