177. Pardon and remission.—When any person subject to this Act has been convicted by a courtmartial of any offence, the Central Government, 1
[the Chief of the Air Staff], an air or other officer
commanding a group of, or the prescribed officer, may—
(a) either with or without conditions which the person sentenced accepts, pardon the person or
remit the whole or any part of the punishment awarded; or
1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955).
50
(b) mitigate the punishment awarded; or
(c) commute such punishment for any less punishment or punishments mentioned in this Act:
Provided that a sentence of transportation shall not be commuted for a sentence of imprisonment
for a term exceeding the term of transportation awarded by the court; and a sentence of imprisonment
shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment so
awarded;
(d) either with or without conditions which the person sentenced accepts, release the person on
parole.
178. Cancellation of conditional pardon, release on parole or remission.—(1) If any condition on
which a person has been pardoned or released on parole or a punishment has been remitted is, in the
opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may
cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect
as if such pardon, release or remission had not been granted.
(2) A person whose sentence of transportation, imprisonment or detention is carried into effect under
the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence.
179. Reduction of warrant officer or non-commissioned officer.—When under the provisions of
section 79 a warrant officer or a non-commissioned officer is deemed to be reduced to the ranks, such
reduction shall, for the purpose of section 177 be treated as a punishment awarded by a sentence of a
court-martial.
180. Suspension of sentence of transportation, imprisonment or detention.—(1) Where a person
subject to this Act is sentenced by a court-martial to transportation, imprisonment or detention, the
Central Government, 1
[the Chief of the Air Staff], or any officer empowered to convene a general or a
summary general court-martial may suspend the sentence whether or not the offender has already been
committed to prison or to air force custody.
(2) The authority or officer specified in sub-section (1) may in the case of an offender so sentenced
direct that, until the orders of such authority or officer have been obtained, the offender shall not be
committed to prison or to air force custody.
(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such
sentence which has been confirmed reduced or commuted.
181. Orders pending suspension.—A confirming officer may, when confirming any sentence
referred to in section 180, direct that the offender be not committed to prison or to air force custody until
the orders of the authority or officer specified in section 180 have been obtained.
182. Release on suspension.—Where a sentence is suspended under section 180, the offender shall
forthwith be released from custody.
183. Computation of period of suspension.—Any period during which the sentence is under
suspension shall be reckoned as part of the term of such sentence.
184. Order after suspension.—The authority or officer specified in section 180 may, at any time
while a sentence is suspended, order—
1. Subs. by Act 19 of 1955, s. 2 and the Schedule “the Commander-in-Chief” (w.e.f. 7-5-1955)
51
(a) that the offender be committed to undergo the unexpired portion of the sentence, or
(b) that the sentence be remitted.
185. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case
may at any time, and shall, at intervals of not more than four months, be reconsidered by the authority or
officer specified in section 180, or by any air or other officer not below the rank of squadron leader duly
authorised by the authority or officer specified in section 180.
(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of
the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the
matter to the authority or officer specified in section 180.
186. Fresh sentence after suspension.—Where an offender, while a sentence on him is suspended
under this Act, is sentenced for any other offence, them—
(a) if the further sentence is also suspended under this Act, the two sentences shall run
concurrently;
(b) if the further sentence is for a period of three months or more and is not suspended under this
Act, the offender shall also be committed to prison or air force custody for the unexpired portion of
the previous sentence, but both sentences shall run concurrently; and
(c) if the further sentence is for a period of less than three months and is not suspended under this
Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject
to any order which may be passed under section 184 or section 185, continue to be suspended.
187. Scope of power of suspension.—The powers conferred by sections 180 and 184 shall be in
addition to and not in derogation of, the power of mitigation, remission and commutation.
188. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence
the punishment of dismissal has been awarded by a court-martial, and such other sentence is suspended
under section 180, then, such dismissal shall not take effect until so ordered by the authority or officer
specified in section 180.
(2) If such other sentence is remitted under section 184, the punishment of dismissal shall also be
remitted.