179. Pardon and remission.—When any person subject to this Act has been convicted by a
court-martial of any offence, the Central Government or 1
[the Chief of the Army Staff] or, in the case of a
sentence, which he could have confirmed or which did not require confirmation, the officer commanding
the army, army corps, division or independent brigade in which such person at the time of conviction was
serving, 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
(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; or
(d) either with or without conditions which the person sentenced accepts, release the person on
parole.
180. 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 or imprisonment is carried into effect under the
provisions of sub-section (1) shall undergo only the unexpired portion of his sentence.
181. Reduction of warrant officer or non-commissioned officer.—When under the provisions of
section 77 a warrant officer or a non-commissioned officer is deemed to be reduced to the ranks, such
reduction shall, for the purpose of section 179, be treated as a punishment awarded by a sentence of a
court-martial.
182. Suspension of sentence of transportation or imprisonment.—(1) Where a person subject to
this Act is sentenced by a court-martial to transportation or imprisonment, the Central Government, 1
[the
Chief of the Army 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 military 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 military 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.
1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”.
45
183. Orders pending suspension.—(1) Where the sentence referred to in section 182 is imposed by
a court-martial other than a summary court-martial, the confirming officer may, when confirming the
sentence, direct that the offender be not committed to prison or to military custody until the orders of the
authority or officer specified in section 182 have been obtained.
(2) Where a sentence of imprisonment is imposed by a summary court-martial, the officer holding the
trial or the officer authorised to approve of the sentence under sub-section (2) of section 161 may make
the direction referred to in sub-section (1).
184. Release on suspension.—Where a sentence is suspended under section 182, the offender shall
forthwith be released from custody.
185. 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.
186. Order after suspension.—The authority or officer specified in section 182 may, at any time
while a sentence is suspended, order—
(a) that the offender be committed to undergo the unexpired portion of the sentence, or
(b) that the sentence be remitted.
187. 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 182, or by any general or other officer not below the rank of field officer duly
authorised by the authority or officer specified in section 182.
(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 182.
188. Fresh sentence after suspension.—Where an offender, while a sentence on him is suspended
under this Act, is sentenced for any other offence, then—
(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 military 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 186 or section 187, continue to be suspended.
189. Scope of power of suspension.—The powers conferred by sections 182 and 186 shall be in
addition to and not in derogation of the power of mitigation, remission and commutation.
190. 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 182, then, such dismissal shall not take effect until so ordered by the authority or officer
specified in section 182.
(2) If such other sentence is remitted under section 186, the punishment of dismissal shall also be
remitted.