law: Armed Forces Tribunal Act 2007 
  15. Jurisdiction
  
  powers and authority in matters of appeal against court martial
  1.  
  
    Save
  
  as otherwise expressly provided in this Act, the Tribunal shall exercise, on
  
  and from the appointed day, all the jurisdiction, powers and authority
  
  exercisable under this Act in relation to appeal against any order, decision,
  
  finding or sentence passed by a court martial or any matter connected therewith
  
  or incidental thereto.
  2.  
  
    Any
  
  person aggrieved by an order, decision, finding or sentence passed by a court
  
  martial may prefer an appeal in such form, manner and within such time as may
  
  be prescribed.
  3.  
  
    The
  
  Tribunal shall have power to grant bail to any person accused of an offence and
  
  in military custody, with or without any conditions which it considers
  
  necessary:
  Provided that no
  
  accused person shall be so released if there appears reasonable ground for
  
  believing that he has been guilty of an offence punishable with death or
  
  imprisonment for life.
  1.  
  
   
  2.  
  
   
  3.  
  
   
  4.  
  
    The
  
  Tribunal shall allow an appeal against conviction by a court martial where
  a.   the finding of the
  
  court martial is legally not sustainable due to any reason whatsoever; or
  b.   the finding involves
  
  wrong decision on a question of law; or
  c.   there was a material
  
  irregularity in the course of the trial resulting in miscarriage of justice,
  
  but, in any other case, may dismiss the appeal where the Tribunal considers
  
  that no miscarriage of justice is likely to be caused or has actually resulted
  
  to the appellant:
  Provided that no
  
  order dismissing the appeal by the Tribunal shall be passed unless such order
  
  is made after recording reasons there for in writing.
  1.  
  
   
  2.  
  
   
  3.  
  
   
  4.  
  
   
  5.  
  
    The
  
  Tribunal may allow an appeal against conviction, and pass appropriate order
  
  thereon.
  6.  
  
    Notwithstanding
  
  anything contained in the foregoing provisions of this section, the Tribunal
  
  shall have the power to-
  a.   substitute for the
  
  findings of the court martial, a finding of guilty for any other offence for
  
  which the offender could have been lawfully found guilty by the court martial
  
  and pass a sentence afresh for the offence specified or involved in such
  
  findings under the provisions of the Army Act, 1950 (46 of 1950) or the Navy
  
  Act, 1957 (62 of 1957) or the Air Force Act, 1950, (45 of 1950) as the case may
  
  be; or
  b.   if sentence is found
  
  to be excessive, illegal or unjust, the Tribunal may-
   
  
   i.  
  
    remit
  
  the whole or any part of the sentence, with or without conditions; 
   
  
   ii.  
  
    mitigate
  
  the punishment awarded;
   
  
   iii.  
  
    commute
  
  such punishment to any lesser punishment or punishments mentioned in the Army
  
  Act, 1950, (46 of 1950) the Navy Act, 1957 (62 of 1957) and the Air Force Act,
  
  1950, (45 of 1950) as the case may be;
  a.  
  
   
  b.  
  
   
  c.   enhance the sentence
  
  awarded by a court martial:
  Provided that no such
  
  sentence shall be enhanced unless the appellant has been given an opportunity
  
  of being heard;
  a.  
  
   
  b.  
  
   
  c.  
  
   
  d.   release the
  
  appellant, if sentenced to imprisonment, on parole with or without conditions;
  e.   suspend a sentence of
  
  imprisonment;
  f.   Pass any other order
  
  as it may think appropriate.
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  2.  
  
   
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  6.  
  
   
  7.  
  
    Notwithstanding
  
  any other provisions in this Act, for the purposes of this section, the
  
  Tribunal shall be deemed to be a criminal court for the purposes of sections
  
  175, 178, 179, 180, 193, 195, 196 or 228 (45 of 1860) of the Indian Penal Code
  
  and Chapter XXVI of the Code of Criminal Procedure, 1973. (2 of 1974)