Ascertaining the opinion of the court
Section 124 of the Navy Act, 1957 deals with ascertaining the opinion of the court. 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. The Act came into force on 01 Jan 1958.
(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.
Section 124, The Navy Act, 1957 (Act 62 of 1957).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Questions about Section 124
What does Section 124 of the Navy Act deal with?
Section 124 of the Navy Act is headed "Ascertaining the opinion of the court". 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.
How do I find court cases under Section 124 of the Navy 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: Navy Act 1957 124, section 124 Navy Act 1957, section 124 of the Navy Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 124 of the Navy Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 124 of the Navy Act come into force?
Section 124 of the Navy Act, cited as Navy Act 1957 124, came into force on 01 Jan 1958, having been enacted on 27 Dec 1957. It is in force as at the date shown on this page.
Other sections of this Act
- 97. Constitution of courts-martial1231 words
- 31. Liability for maintenance of wife and children1010 words
- 82. Provisions as to award of punishment902 words
- 3. Definitions777 words
- 133. Presumption as to certain documents679 words
- 168. Appointment of the Judge Advocate General of the Navy and his subordinate officers526 words
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.