www.Aaptaxlaw.com
 
 

Section 16 of AFT Act 2007 - Re-trial

What is Re-trial? Section 16 of Armed Forces Tribunal Act 2007

Section 16 : Re-trial

(1) Except as provided by this Act, where the conviction of a person by court martial for an offence has been quashed, he shall not be liable to be tried again for that offence by a court martial or by any other Court.

(2) The Tribunal shall have the power of quashing a conviction, to make an order authorising the appellant to be retried by court martial, but shall only exercise this power when the appeal against conviction is allowed by reasons only of evidence received or available to be received by the Tribunal under this Act and it appears to the Tribunal that the interests of justice require that an order under this section should be made:

 

Provided that an appellant shall not be retried under this section for an offence other than—

(a) the offence for which he was convicted by the original court martial and in respect of which his appeal is allowed;

(b) any offence for which he could have been convicted at the original court martial on a charge of the first-mentioned offence;

(c) any offence charged in the alternative in respect of which the court martial recorded no finding in consequence of convicting him of the first-mentioned offence.

(3) A person who is to be retried under this section for an offence shall, if the Tribunal or the Supreme Court so directs, whether or not such person is being tried or retried on one or more of the original charges, no fresh investigation or other action shall be taken under the relevant provision of the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45of 1950) as the case may be, or rules and regulations made there under, in relation to the said charge or charges on which he is to be retried.

 

 

 

AFT ACT 2007

Section 2 of AFT Act 2007 - Applicability of the Act

Section 3 of AFT Act 2007 - Definitions

CHAPTER II

ESTABLISHMENT OF TRIBUNAL AND BENCHES THEREOF

Section 4 of AFT Act 2007 - Establishment of Armed Forces Tribunal

Section 5 of AFT Act 2007 - Composition of Tribunal and Benches thereof

Section 6 of AFT Act 2007 - Qualifications for appointment of Chairperson and other Members

Section 7 of AFT Act 2007 - Appointment of Chairperson and other Members

Section 8 of AFT Act 2007 - Term of office

Section 9 of AFT Act 2007 - Resignation and removal

Section 10 of AFT Act 2007 - Salaries, allowances and other terms and conditions of service of Chairperson and other Members

Section 11 of AFT Act 2007 - Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such Chairperson or Member

Section 12 of AFT Act 2007 - Financial and administrative powers of Chairperson

Section 13 of AFT Act 2007 - Staff of the Tribunal

CHAPTER III

JURISDICTION, POWERS AND AUTHORITY OF THE TRIBUNAL

Section 14 of AFT Act 2007 - Jurisdiction, powers and authority in service matters

Section 15 of AFT Act 2007 - Jurisdiction powers and authority in matters of appeal against court martial

Section 16 of AFT Act 2007 - Re-trial

Section 17 of AFT Act 2007 - Powers of the Tribunal on appeal under section 15

Section 18 of AFT Act 2007 - Cost

Section 19 of AFT Act 2007 - Power to punish for contempt

Section 20 of AFT Act 2007 - Distribution of business among the Benches

 

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap