CONFIRMATION AND REVISIONCentral

Section 163 of The Army Act, 1950

(1)Where a finding of guilty by a courtmartial, which has been confirmed, or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 179 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the said offence.
(2)Where a sentence passed by a court-martial which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence.
(3)The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section.
(4)Any finding substituted, or any sentence passed, under this section shall, for the purposes of this Act and the rules made thereunder, have effect as if it were a finding or sentence, as the case may be, of a court-martial.

Summary

If a court-martial's finding of guilty, whether confirmed or not requiring confirmation, is found to be invalid or unsupported by evidence, the proper commuting authority can substitute a new finding.
A new finding can only be substituted if the court-martial could have validly made that finding on the charge, and if it is clear the court was satisfied of the facts proving that offence.
If a confirmed or non-confirmable sentence is found to be invalid for any reason, other than due to a substituted finding, the authority can pass a new, valid sentence.
Any substituted finding or new sentence passed under this provision cannot award a punishment higher in the scale of punishments than the original sentence.
Every substituted finding or new sentence passed under this section has the same legal effect as if it were passed by the original court-martial.

Practical examples

1In August 2026, Naib Subedar Verma is convicted of a severe offence and sentenced to five years of imprisonment. Later, the reviewing authority realizes the evidence actually only supports a lesser offence of neglect under Section 63. Under Section 163, the authority substitutes the finding to the lesser offence and reduces the imprisonment to one year, which is lower in the scale of punishments.

2A district court-martial sentences Havildar G. Singh to a punishment that is technically invalid for his rank. The authority, under Section 163, steps in to correct this error by passing a valid alternative sentence of a simple reprimand, which is lower in the scale of punishments than the invalid one.

FAQ

1. What can an authority do under Section 163 of the Army Act, 1950 if a guilty finding cannot be supported by evidence?

Under Section 163 of the Army Act, 1950, if a confirmed or non-confirmable guilty finding is invalid or unsupported by evidence, the commuting authority can substitute a new finding and pass a new sentence.

2. Can a substituted sentence under Section 163 of the military law be harsher than the original sentence?

No, under Section 163 of the Army Act, 1950, the punishment awarded under a substituted finding or a corrected sentence cannot be higher in the scale of punishments than the original sentence.

3. Under what conditions can an authority substitute a finding under Section 163 of the Army Act, 1950?

Under Section 163 of the Army Act, 1950, a finding can only be substituted if the court-martial could have validly made that finding on the charge and must have been satisfied of the facts establishing the new offence.

4. Does a substituted sentence under Section 163 of the Army Act, 1950 carry the same weight as the original court-martial sentence?

Yes, under Section 163 of the Army Act, 1950, any finding substituted or sentence passed has the exact same legal effect as if it were the original finding or sentence of the court-martial.

Test yourself

Q1.Under Section 163 of the Army Act, 1950, if an authority decides to substitute a finding or pass a new sentence, what is the maximum limit on the new punishment?

Q2.Under Section 163 of the Army Act, 1950, what condition must be met before an authority can substitute a finding of guilty?

Q3.Under Section 162 and Section 163 of the Army Act, 1950, if a summary court-martial's sentence is found to be invalid, how does Section 163 apply to this non-confirmed proceeding?

Q4.Under Section 163 of the Army Act, 1950, what is the status of a finding that has been substituted by an authority?

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