Home > AFT Act 2007 > Section 24

Section 24 of Armed Forces Tribunal Act, 2007: Term of Sentence and Its Effect on Appeal

Section 24 of the Armed Forces Tribunal Act, 2007 explains how the commencement and computation of a sentence are affected when the Armed Forces Tribunal passes a sentence in appeal, when the Supreme Court substitutes another sentence, and when operation of a sentence is stayed pending appeal.

What does Section 24 of the AFT Act provide?

Section 24 is part of Chapter IV of the Armed Forces Tribunal Act, 2007. It operates in the context of appeals against court-martial findings and sentences and is linked particularly with Section 15, which deals with the Tribunal's jurisdiction, powers and authority in appeals against court martial.

Text of Section 24 - Term of sentence and its effect on appeal

Section 24(1): Commencement of sentence passed by the Tribunal

Sub-section (1) applies where the Tribunal passes a sentence under Section 15(6)(a). Unless the Tribunal directs otherwise, the sentence is reckoned to commence on the date on which it would have commenced under the service law governing the court martial concerned.

The relevant service law may be the Army Act, 1950, the Navy Act, 1957 or the Air Force Act, 1950, depending on the force and the court-martial proceedings from which the appeal arose.

Section 24(2): Sentence substituted by the Supreme Court

Sub-section (2) deals with a sentence passed by the Supreme Court in substitution for another sentence on appeal from the Tribunal. Subject to sub-section (3), the substituted sentence is ordinarily reckoned from the date on which the original sentence would have commenced, unless the Supreme Court directs otherwise.

This rule prevents a substituted sentence from automatically acquiring a new commencement date merely because the sentence is altered on further appeal.

Section 24(3): Effect of stay or suspension pending appeal

Sub-section (3) applies where a person undergoing sentence is released because operation of the sentence has been stayed, whether by suspension or otherwise, pending an appeal. The period during which the person remains released because of that stay is excluded while computing the term of the sentence.

Meaning of "term of sentence" under Section 24

In the context of Section 24, the "term of sentence" refers to the period for which the sentence imposed by the Tribunal or the Supreme Court is to run. The provision determines when that period begins and what period, if any, must be left out of the calculation because operation of the sentence was stayed pending appeal.

Relationship between Sections 15 and 24

Section 15 confers appellate jurisdiction on the Armed Forces Tribunal in matters arising from court martial. Section 24 does not itself create the appellate power to alter a sentence. Instead, it regulates the commencement and computation of a sentence once a sentence has been passed by the Tribunal under the appellate framework or substituted by the Supreme Court.

Related provisions under the AFT Act

• Section 15 deals with jurisdiction, powers and authority in appeals against court martial.
• Section 23 deals with procedure and powers of the Tribunal.
• Section 24 governs commencement and computation of sentence in the circumstances specified in the section.
• Section 25 concerns legal representation before the Tribunal.
• Section 30 deals with appeal to the Supreme Court.

Official legal references

Related reading

Also read Section 23 - Procedure and powers of the Tribunal, Section 25 - Right to legal assistance and appointment of counsel and Section 30 - Appeal to Supreme Court.