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Section16
The Armed Forces Tribunal Act, 2007

Re-trial

In force From 15 Jun 2008 Act 55 of 2007 As on 20 Oct 2026

Act 55 of 2007 Ministry Defence Enacted 25 Dec 2007 In force 15 Jun 2008

Section 16 of the Armed Forces Tribunal Act, 2007 deals with re-trial. Except as provided by this Act, where the conviction of a person by court martial for an offence has been quashed, he shall not be liable to be tried again for that offence by a court martial or by any other Court. The Act came into force on 15 Jun 2008.

(1) Except as provided by this Act, where the conviction of a person by court martial for an offence has been quashed, he shall not be liable to be tried again for that offence by a court martial or by any other Court.

(2) The Tribunal shall have the power of quashing a conviction, to make an order authorising the appellant to be retried by court martial, but shall only exercise this power when the appeal against conviction is allowed by reasons only of evidence received or available to be received by the Tribunal under this Act and it appears to the Tribunal that the interests of justice require that an order under this section should be made:

Provided that an appellant shall not be retried under this section for an offence other than--

(a) the offence for which he was convicted by the original court martial and in respect of which his appeal is allowed;

(b) any offence for which he could have been convicted at the original court martial on a charge of the first-mentioned offence;

(c) any offence charged in the alternative in respect of which the court martial recorded no finding in consequence of convicting him of the first-mentioned offence.

(3) A person who is to be retried under this section for an offence shall, if the Tribunal or the Supreme Court so directs, whether or not such person is being tried or retried on one or more of the original charges, no fresh investigation or other action shall be taken under the relevant provision of the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950) as the case may be, or rules and regulations made there under, in relation to the said charge or charges on which he is to be retried.

Section 16, The Armed Forces Tribunal Act, 2007 (Act 55 of 2007).

Questions about Section 16

What does Section 16 of the Armed Forces Tribunal Act deal with?

Section 16 of the Armed Forces Tribunal Act is headed "Re-trial". Except as provided by this Act, where the conviction of a person by court martial for an offence has been quashed, he shall not be liable to be tried again for that offence by a court martial or by any other Court.

How do I find court cases under Section 16 of the Armed Forces Tribunal Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Armed Forces Tribunal Act 16, section 16 Armed Forces Tribunal Act, section 16 of the Armed Forces Tribunal Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

When did Section 16 of the Armed Forces Tribunal Act come into force?

Section 16 of the Armed Forces Tribunal Act, cited as Armed Forces Tribunal Act 16, came into force on 15 Jun 2008, having been enacted on 25 Dec 2007. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.