Armed Forces Tribunal Act, 2007

Section 18 of AFT Act 2007: Power of the Tribunal to Award Costs

Section 18 of the Armed Forces Tribunal Act, 2007 gives the Armed Forces Tribunal discretion to make an appropriate order as to costs while disposing of an application under Section 14 or an appeal under Section 15.

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

In brief: Section 18 does not create a fixed or automatic award of costs. It authorizes the Tribunal, when finally disposing of a Section 14 application or Section 15 appeal, to make such order regarding costs as it considers just.

What is Section 18 of the Armed Forces Tribunal Act, 2007?

Section 18 is titled "Cost." It appears in Chapter III of the Armed Forces Tribunal Act, 2007, which deals with the jurisdiction, powers and authority of the Tribunal. The provision concerns the Tribunal's power to decide whether an order as to costs should be made when it disposes of proceedings falling under Section 14 or Section 15.

Text of Section 18 - Cost

Section 18. Cost. While disposing of the application under section 14 or an appeal under section 15, the Tribunal shall have power to make such order as to costs as it may deem just.

Meaning of "costs" under Section 18

In legal proceedings, an order as to costs generally concerns the financial burden associated with conducting the proceeding. Section 18 itself does not prescribe a fixed amount, a mandatory formula or an automatic entitlement to costs. Instead, it places the matter within the Tribunal's discretion by using the words "as it may deem just."

The key point is that the power is discretionary. The statutory wording enables the Tribunal to decide what order regarding costs is just in the circumstances of the proceeding before it.

When can the AFT make an order as to costs?

Section 18 identifies two kinds of proceedings in which this power can be exercised:

An application under Section 14: Section 14 deals with the Tribunal's jurisdiction, powers and authority in service matters concerning persons subject to the applicable armed forces laws.
An appeal under Section 15: Section 15 deals with the Tribunal's jurisdiction, powers and authority in appeals arising from orders, decisions, findings or sentences of court-martial.

The language of Section 18 links the costs power to the disposal of these proceedings. The costs direction can therefore form part of the Tribunal's final order disposing of the relevant application or appeal.

Section 18 and Section 14 service matters

Section 14 of the AFT Act confers jurisdiction in service matters. When such an application is disposed of, Section 18 expressly authorizes the Tribunal to make an order regarding costs if it considers such an order just.

Section 18 and Section 15 court-martial appeals

Section 15 of the AFT Act deals with appeals against court-martial orders, decisions, findings and sentences. Section 18 applies equally when the Tribunal disposes of such an appeal and allows it to determine the appropriate order, if any, as to costs.

Is an award of costs mandatory under Section 18?

No fixed award is mandated by the wording of Section 18. The section says that the Tribunal "shall have power" to make an order as to costs "as it may deem just." The provision therefore confers authority and discretion rather than imposing a statutory requirement that costs must be awarded in every case.

Why Section 18 is important

Section 18 expressly confirms that the Tribunal's final disposal of a service matter or court-martial appeal can address costs as part of the overall relief. Its broad wording allows the Tribunal to make a costs order that it considers just, while leaving the decision to the Tribunal in the circumstances of the particular proceeding.

Legal context: Section 18 should be read with Sections 14 and 15 and the applicable Armed Forces Tribunal procedural and practice rules. The section itself does not specify a fixed scale of costs or list mandatory factors for determining costs.

Official legal references

The current central Act can be verified on the official India Code - Armed Forces Tribunal Act, 2007. The official Armed Forces Tribunal - AFT Act and Rules page publishes the Armed Forces Tribunal Act, 2007 along with the Armed Forces Tribunal (Procedure) Rules, 2008, the Armed Forces Tribunal (Practice) Rules, 2009 and related material.

Related provisions of the AFT Act

For the surrounding statutory scheme, see Section 14 - Jurisdiction in service matters, Section 15 - Court-martial appeals, Section 16 - Re-trial, Section 17 - Powers on appeal, Section 19 - Power to punish for contempt and Section 20 - Distribution of business among Benches.