Section 132 of the Army Act, 1950 – Voting by members

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Section 132: Voting by members

  • (1) Subject to the provisions of sub-sections (2) and (3), every decision of a court-martial shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused.
  • (2) No sentence of death shall be passed by a general court-martial without the concurrence of at least two-thirds of the members of the court.
  • (3) No sentence of death shall be passed by a summary general court-martial without the concurrence of all the members.
  • (4) In matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote.

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