Section 163 of The Navy Act, 1957
- (1)Where any person is tried under the provisions of this Act, the Central Government or the Chief of the Naval Staff, may, in the case of a conviction,--
- (a)set aside the finding and sentence and acquit or discharge the accused or order him to be retried, or
- (b)alter the finding, maintaining the sentence (provided that such sentence may be legally passed on the altered finding), or
- (c)with or without altering the finding, reduce the sentence or commute the punishment awarded for any punishment inferior in scale, or
- (d)either with or without conditions, pardon the person or remit the whole or any part of the punishment awarded, or
- (e)either with or without conditions, release the person on parole: Provided that a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded, and a sentence of dismissal with disgrace not accompanied by a sentence of imprisonment shall not be commuted for a sentence of detention: Provided further that nothing in this section shall authorise the Central Government or the Chief of the Naval Staff to enhance the sentence.
- (2)Any sentence modified under the provisions of sub-section (1) shall be carried into execution as if it had been originally passed.
- (3)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 or release or remission and thereupon the sentence awarded shall be carried into effect as if such pardon, release or remission had not been granted: Provided that in the case of a person sentenced to imprisonment or detention such person shall undergo only the unexpired portion of the sentence.
Summary
- The single most important thing this provision does is grant the Central Government and the Chief of the Naval Staff the power to modify court-martial convictions, sentences, and grant pardons.
- They can set aside findings, acquit the accused, order retrials, or reduce and commute punishments to a lesser scale.
- They are strictly prohibited from enhancing or increasing a sentence.
- A sentence of imprisonment cannot be swapped for a longer term of detention.
- If an offender breaks the conditions of a pardon, parole, or remission, the original sentence can be reinstated and carried out.
Practical examples
FAQ
1. Can a sentence be increased under Section 163 of The Navy Act, 1957?
No, Section 163 of the 1957 naval statute clearly states that nothing authorizes the enhancement of a sentence.
2. What happens if a person violates parole conditions granted under Section 163 of the naval discipline law?
Under Section 163 of the Act, the authority can cancel the release, and the original sentence will be carried into effect for the unexpired portion.
3. Can imprisonment be commuted to detention under Section 163 of the naval legislation?
Yes, but Section 163 of the 1957 naval law dictates it cannot be commuted for a term of detention that exceeds the original term of imprisonment awarded.
4. Does Section 163 of The Navy Act, 1957 allow for ordering a retrial?
Yes, Section 163 of the naval statute permits the Central Government or the Chief of the Naval Staff to set aside the finding and order the accused to be retried.
Test yourself
Q1.Under Section 163 of The Navy Act, 1957, what limitation is placed on commuting a sentence of imprisonment to detention?
Q2.According to Section 163 of the 1957 naval statute, what action is the Central Government strictly forbidden from taking?
Q3.Under Section 163 of The Navy Act, 1957, what happens if a pardoned person fails to fulfill the conditions of their pardon?
Q4.Combining rules from Section 162 and Section 163 of The Navy Act, 1957, if a sailor petitions the Chief of the Naval Staff for leniency, what is a valid response?