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Section 164: Remedy against order, finding or sentence of court-martial.

The Army Act, 1950Central Act · Act 46 of 1950

(1) Any person subject to this Act who considers himself aggrieved by any order passed by any court-martial may present a petition to the officer or authority empowered to confirm any finding or sentence of such court-martial, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates.

(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any court-martial which has been confirmed, may present a petition to the Central Government, [the Chief of the Army Staff] or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, [the Chief of the Army Staff] or other officer, as the case may be, may pass such order thereon as it or he thinks fit.

Where this provision sits

ActThe Army Act, 1950
Section164
Marginal noteRemedy against order, finding or sentence of court-martial.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it2

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 19 of 1955. . Subs. by Act 19 of 1955, s. 2 and the Schedule, for "the Commander-in-Chief ".

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