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The Army Act, 1952

Section 105Voting of members

In forceChapter IX COURTS MARTIAL

Chapter IX COURTS MARTIAL

Constitution, Jurisdiction and Powers of Courts Martial

s. 105

105. Voting of members (1) Every decision of a court martial shall be passed by an absolute majority of votes; and where there is an equality of votes, as to either finding or sentence, the decision shall be in favour of the accused: Provided that no sentence of death shall be passed without the concurrence, in the case of a general court martial of at least two-thirds of the members and, in the case of a field general court martial of all the members, of the court. (2) In matters other than a challenge or the finding or sentence, the president shall have a second or casting vote.

End of s. 105.

Read the contents: The Army Act, 1952