Bare Acts

CHAPTER VIII CONFIRMATION AND REVISION


107. Finding and sentence not valid, unless confirmed.—No finding or sentence of a General
Security Force Court or a Petty Security Force Court shall be valid except so far as it may be confirmed as
provided by this Act.
108. Power to confirm finding and sentence of General Security Force Court.—The findings and
sentences of General Security Force Courts may be confirmed by the Central Government or by any
officer empowered in this behalf by warrant of the Central Government.
109. Power to confirm finding and sentence of Petty Security Force Court.—The findings and
sentences of Petty Security Force Courts may be confirmed by an officer having power to convene a
General Security Force Court or by any officer empowered in this behalf by warrant of such officer.
110. Limitation of powers of confirming authority.—A warrant issued under section 108 or section
109 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.
111. Power of confirming authority to mitigate, remit or commute sentences.—Subject to such
restrictions, reservations or conditions, as may be contained in any warrant issued under section 108 or
section 109, a confirming authority may, when confirming the sentence of a Security Force Court,
mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or
punishments lower in the scale laid down in section 48.
112. Confirming of findings and sentences on board a ship.—When any person subject to this Act
is tried and sentenced by a Security Force Court while on board a ship, the finding and sentence so far as
not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such
person had been tried at the port of disembarkation.
113. Revision of finding or sentence.—(1) Any finding or sentence of a Security Force Court which
requires confirmation may be once revised by order of the confirming authority and on such revision, the
court, if so directed by the confirming authority, may take additional evidence.
(2) The court, on revision, shall consist of the same officers as were present when the original
decision was passed, unless any of those officers are unavoidably absent.
(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings,
and the court shall proceed with the revision, provided that, if a General Security Force Court, it still
consists of five officers, or, if a Petty Security Force Court, of three officers.
114. Finding and sentence of a Summary Security Force Court.—(1) Save as otherwise provided
in sub-section (2), the finding and sentence of a Summary Security Force Court shall not require to be
confirmed, but may be carried out forthwith.
(2) If the officer holding the trial is of the rank of Superintendent of Police or of a rank declared under
clause (a) of sub-section (5) of section 74 as equivalent thereto or of a lower rank and has held such rank
for less than five years, he shall not, except on active duty, carry into effect any sentence, until it has
received the approval of an officer not below the rank of Deputy Inspector-General.
115. Transmission of proceedings of Summary Security Force Courts.—The proceedings of every
Summary Security Force Court shall, without delay, be forwarded to the officer not below the rank of
Deputy Inspector-General within whose command the trial was held, or to the prescribed officer, and such
officer, or the Director-General or any officer empowered by him in this behalf may, for reasons based on
the merits of the case, but not on merely technical grounds, set aside the proceedings, or reduce the
sentence to any other sentence which the court might have passed.
116. Alteration of finding or sentence in certain cases.—(1) Where a finding of guilty by a Security
Force Court, which has been confirmed or which does not require confirmation, is found for any reason to
be invalid or cannot be supported by the evidence, the authority which would have had power under
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section 128 to commute the punishment awarded by the sentence, if the finding had been valid may
substitute a new finding and pass a sentence 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 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.
117. Remedy against order, finding or sentence of Security Force Court.—(1) Any person subject
to this Act who considers himself aggrieved by any order passed by any Security Force Court may present
a petition to the officer or authority empowered to confirm any finding or sentence of such Security Force
Court, 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
Security Force Court which has been confirmed, may present a petition to the Central Government, the
Director-General, or any prescribed officer superior in command to the one who confirmed such finding
or sentence, and the Central Government, the Director-General, or the prescribed officer, as the case may
be, may pass such order thereon as it or he thinks fit.
118. Annulment of proceedings.—The Central Government, the Director-General, or any prescribed
officer may annul the proceedings of any Security Force Court on the ground that they are illegal or
unjust.

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