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Section 124: Ascertaining the opinion of the court
- (1) Subject to the provisions of sub-sections (2) and (3), every question for determination by a court-martial shall be decided by the vote of the majority: Provided that where there is an equality of votes, the decision most favourable to the accused shall prevail.
- (2) The sentence of death shall not be passed on any offender unless four at least of the members present at the court-martial where the number does not exceed five, and in all other cases a majority of not less than two-thirds of the members present, concur in the sentence.
- (3) Where in respect of an offence, the only punishment which may be awarded is death, a finding that a charge for such offence is proved shall not be given unless four at least of the members present at the court-martial where the number does not exceed five, and in all other cases a majority of not less than two-thirds of the members present, concur in the finding.
Source: official text of The Navy Act, 1957 as published on India Code (PDF). All sections of the Navy Act, 1957.