Armed Forces Tribunal Act, 2007

Section 17 of AFT Act 2007: Powers of the Tribunal in Appeals under Section 15

Section 17 of the Armed Forces Tribunal Act, 2007 sets out the specific procedural and evidentiary powers available to the Armed Forces Tribunal while it hears and decides an appeal under Section 15 of the AFT Act. These powers enable the Tribunal to obtain records, secure witnesses and evidence, seek further enquiry or expert assistance, and decide questions necessary to do justice in a court-martial appeal.

Legal text checked against the current India Code publication of the Armed Forces Tribunal Act, 2007. Page updated: 7 September 2026.

In brief: Section 15 gives the Tribunal appellate jurisdiction over orders, decisions, findings and sentences of courts-martial. Section 17 supports that appellate jurisdiction by giving the Tribunal the tools needed to examine the record and evidence fully before deciding the appeal.

What is Section 17 of the Armed Forces Tribunal Act, 2007?

Section 17 is titled "Powers of the Tribunal on appeal under section 15." It applies when the Armed Forces Tribunal is hearing and deciding an appeal that falls within Section 15. The provision is important because an appellate decision may require more than a review of the papers already available from the court-martial. Section 17 expressly authorizes the Tribunal to call for documents, witnesses, evidence, reports, enquiries and expert assistance where necessary.

Text of Section 17 - Powers of the Tribunal on appeal under Section 15

Section 17. Powers of the Tribunal on appeal under section 15. The Tribunal, while hearing and deciding an appeal under section 15, shall have the power-

to order production of documents or exhibits connected with the proceedings before the court martial;
to order the attendance of the witnesses;
to receive evidence;
to obtain reports from Court martial;
order reference of any question for enquiry;
appoint a person with special expert knowledge to act as an assessor; and
to determine any question which is necessary to be determined in order to do justice in the case.

Meaning and scope of the powers under Section 17

Production of documents or exhibits: The Tribunal can require documents or exhibits connected with the court-martial proceedings to be produced. This helps ensure that the appellate record is complete.
Attendance of witnesses: The Tribunal can direct witnesses to attend when their presence is required for deciding the appeal.
Receipt of evidence: The Tribunal is not confined in every case to the evidence already recorded by the court-martial. Section 17 expressly permits it to receive evidence while hearing the appeal.
Reports from the court-martial: The Tribunal may obtain reports from the court-martial where such reports are relevant to the appellate determination.
Reference of questions for enquiry: A question requiring further factual investigation may be referred for enquiry.
Expert assessor: Where specialized knowledge is useful, the Tribunal may appoint a person having special expert knowledge to act as an assessor.
Questions necessary to do justice: The final clause gives the Tribunal power to determine any question that must be decided in order to do justice in the case.

How Section 17 works with Section 15

Section 15 of the Armed Forces Tribunal Act, 2007 deals with the Tribunal's jurisdiction, powers and authority in appeals against court-martial orders, decisions, findings or sentences. Among other matters, Section 15 provides for appeals by aggrieved persons and specifies the Tribunal's powers when dealing with convictions and sentences.

Section 17 is therefore procedural and supplementary to the appellate jurisdiction under Section 15. It enables the Tribunal to obtain material that may be needed to test the legality and correctness of the court-martial outcome and to resolve issues necessary for a just decision.

Why Section 17 is important in a court-martial appeal

A court-martial appeal may raise disputed questions about the trial record, documentary material, witness testimony, technical evidence or other matters that cannot always be resolved from the existing papers alone. Section 17 equips the Tribunal with express powers to address those situations. The provision helps the Tribunal conduct a meaningful appellate examination rather than being limited mechanically to the material initially placed before it.

Legal context: Section 17 should be read together with Section 15 and the other applicable provisions of the Armed Forces Tribunal Act, 2007 and the rules governing AFT proceedings. The exact relief or procedure in any case depends on the facts, the nature of the court-martial order and the applicable statutory provisions.

Official legal references

The current text of the Act can be verified on the official India Code page for the Armed Forces Tribunal Act, 2007. Information on the Tribunal, its benches and published material is available through the Armed Forces Tribunal, Principal Bench.

Related provisions of the AFT Act

For the surrounding statutory scheme, see Section 14 - Jurisdiction, powers and authority in service matters, Section 15 - Court-martial appeals, Section 16 - Re-trial, Section 18 - Cost and Section 19 - Power to punish for contempt.