Bare Acts

CHAPTER XV JUDICIAL REVIEW OF COURTS-MARTIAL PROCEEDINGS


160. Judicial review by the Judge Advocate General of the Navy.—(1) All proceedings of trials by
court-martial or by disciplinary courts shall be reviewed by the Judge Advocate General of the Navy
either on his own motion or on application made to him within the prescribed time by any person
aggrieved by any sentence or finding, and the Judge Advocate General of the Navy shall transmit the
report of such review together with such recommendations as may appear just and proper to the Chief of
the Naval Staff for his consideration and for such action as the Chief of the Naval Staff may think fit.
(2) Where any person aggrieved has made an application under sub-section (1), the Judge Advocate
General of the Navy may, if the circumstances of the case so require, give him an opportunity of being
heard either in person or through a legal practitioner or an officer of the Indian Navy.
161. Consideration by the Chief of the Naval Staff.—(1) On receipt of the report and
recommendations if any, under section 160, the Chief of the Naval Staff shall in all cases of capital
sentence and in all cases where the court-martial is ordered by the President, and may in other cases
transmit the proceedings and the report to the Central Government together with such recommendations
as he may deem fit to make.
(2) Nothing in section 160 or this section shall authorise the Judge Advocate General of the Navy or
the Chief of the Naval Staff to make any recommendation for setting aside, or the Central Government to
set aside, an order of acquittal passed under this Act. 

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