Section 164 of the Army Act, 1950 – Remedy against order, finding or sentence of court-martial

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

  • (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, 1[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, 1[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.

Source: official text of The Army Act, 1950 as published on India Code (PDF). All sections of the Army Act, 1950.