Home > AFT Act 2007 > Section 23

Section 23 of Armed Forces Tribunal Act, 2007: Procedure and Powers of the Tribunal

Section 23 of the Armed Forces Tribunal Act, 2007 explains how the Armed Forces Tribunal conducts proceedings. It makes clear that the Tribunal is not bound by the procedure laid down in the Code of Civil Procedure, 1908, but must be guided by the principles of natural justice and may regulate its own procedure subject to the Act and the rules made under it.

What does Section 23 of the AFT Act provide?

Section 23 is the principal procedural provision in Chapter IV of the Armed Forces Tribunal Act, 2007. It addresses the Tribunal's freedom from strict Code of Civil Procedure procedure, the role of natural justice, the manner in which applications should be decided, the circumstances in which oral evidence may be allowed and the control of adjournments.

Text of Section 23 - Procedure and powers of the Tribunal

Section 23(1): Tribunal not bound by the Code of Civil Procedure

Section 23(1) expressly provides that the Tribunal is not bound by the procedure laid down in the Code of Civil Procedure, 1908. This does not mean that the Tribunal can act without procedural safeguards. The same sub-section requires the Tribunal to be guided by the principles of natural justice and to act subject to the other provisions of the AFT Act and the applicable rules.

The provision also authorizes the Tribunal to regulate its own procedure, including fixing the place and time of inquiry and deciding whether proceedings should be held in public or in camera.

Meaning of principles of natural justice under Section 23

The expression "principles of natural justice" is not separately defined in Section 23. In procedural terms, it generally requires a fair opportunity to present the case, consideration of relevant material and an impartial decision-making process. The exact procedural requirements depend on the nature of the proceeding and the governing statutory framework.

Section 23(2): Expeditious decision of applications

Sub-section (2) directs the Tribunal to decide every application as expeditiously as possible. The normal basis for decision is the documents, affidavits and written representations placed before the Tribunal, together with oral arguments advanced by the parties.

This structure reflects the Tribunal's intended role as a specialized forum capable of deciding service and court-martial related disputes without unnecessary procedural delay.

When can oral evidence be allowed?

The proviso to Section 23(2) allows oral evidence where the Tribunal considers it necessary. However, the Tribunal must record its reasons in writing for permitting oral evidence. Oral evidence is therefore not automatic in every proceeding under Section 23.

Section 23(3): Adjournments and costs

Sub-section (3) restricts adjournments. The Tribunal cannot grant an adjournment without recording reasons that justify it. In addition, where a party seeks an adjournment more than twice, the provision states that costs shall be awarded.

This statutory restriction supports the broader requirement under Section 23(2) that applications should be decided as expeditiously as possible.

How Section 23 fits with other AFT provisions

• Section 21 deals with exhaustion of available remedies before admission of an application.
• Section 22 governs limitation for applications before the Tribunal.
• Section 23 governs procedure and the manner in which the Tribunal manages and decides proceedings.
• Section 24 deals with the term of sentence and its effect on appeal.
• Section 25 concerns legal representation before the Tribunal.

Practical effect of Section 23

For parties appearing before the Armed Forces Tribunal, Section 23 means that proceedings are intended to be less rigid than an ordinary civil suit while remaining fair and legally structured. Written material assumes particular importance, oral evidence is exceptional rather than automatic, and repeated adjournment requests may attract costs.

Parties should therefore ordinarily prepare complete pleadings, supporting documents, affidavits and written submissions at the appropriate stage and be ready to address the matter without avoidable requests for adjournment.

Official legal references

Related provisions

Also read Section 22 - Limitation, Section 24 - Term of sentence and its effect on appeal and Section 25 - Right to legal assistance and appointment of counsel.