(1) Subject to the provisions of sub-sections (2) and (3), every question for determination by a court-martial shall be decided by the vote of the majority:
Provided that where there is an equality of votes, the decision most favourable to the accused shall prevail.
(2) The sentence of death shall not be passed on any offender unless four at least of the members present at the court-martial where the number does not exceed five, and in all other cases a majority of not less than two-thirds of the members present, concur in the sentence.
(3) Where in respect of an offence, the only punishment which may be awarded is death, a finding that a charge for such offence is proved shall not be given unless four at least of the members present at the court-martial where the number does not exceed five, and in all other cases a majority of not less than two-thirds of the members present, concur in the finding.
Provided that where there is an equality of votes, the decision most favourable to the accused shall prevail.
(2) The sentence of death shall not be passed on any offender unless four at least of the members present at the court-martial where the number does not exceed five, and in all other cases a majority of not less than two-thirds of the members present, concur in the sentence.
(3) Where in respect of an offence, the only punishment which may be awarded is death, a finding that a charge for such offence is proved shall not be given unless four at least of the members present at the court-martial where the number does not exceed five, and in all other cases a majority of not less than two-thirds of the members present, concur in the finding.
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More sections of this act
Section 1 · Short title and commencement.Section 2 · Persons subject to naval law.Section 3 · Definitions.Section 4 · Fundamental rights to apply to persons subject to naval law with modifications.Section 5 · Power of Central Government to raise and maintain naval forces.Section 6 · Provision respecting discipline of persons under engagement to serve Central Government.Section 7 · Relations between the members of the Navy, Army and Air Force acting together.Section 8 · Provision respecting discipline of master of merchant vessel under convoy.India Code, Government of India. Text fetched 26 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.