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Section 114
Repetition of conviction or sentence
(1) The officer approving the sentence passed by the military court may order a rehearing.
(2) If there is an order according to sub-section (1), the military court will be able to process and dispose of the case after hearing more and more evidence in that case.
(3) If the case is to be heard again, it must be heard by the officers who made the initial decision, except if they cannot be present for any compelling reason.
(4) According to sub-section (3) if the initial decision-making officers are unable to attend, the case proceedings shall be started by adding the number of other members among the initial decision-making officers who are unable to attend, along with the reason why.
Military Act, 2063
Preamble - 0
Chapter - 4
Section 12: Appointment and filling of postsSection 13: DisqualificationSection 14: Appointing Officer Section 15: Granting the post of Commissioner Section 16: Taking Oath Section 17: Duration of ServiceSection 18: Removal from service and reduction in rankSection 19: Not to open, operate and participate in associations, organizationsSection 20: Education and trainingSection 21: Promotion, leave and other conditions and facilities of service
Chapter - 5
Section 22: Defense of work done in the course of duty Section 23: Immunity from arrestSection 24: Not to be withheld or confiscated Section 25: Immunities and privileges of reserve forces Section 26: Priority in Case MattersSection 27: Complaints about grievance or injusticeSection 28: Not affecting the facilities received according to prevailing laws
Chapter - 6
Section 29: Establishment and Operation of Welfare FundsSection 30: Custodian of the Fund Section 31: Work, Duties and Rights of the CommitteeSection 32: Accounting and auditing of fundsSection 33: Submission of annual report Section 34: Delegation of Powers Section 35: Conditions to be deprived of facilities and concessionsSection 36: Other arrangements
Chapter - 7
Section 37: Deemed to have committed an offense Section 38: Offense related to the enemy Section 39: Mutiny (Mutiny)Section 40: Other Offenses Related to the EnemySection 41: Offense against civil actionSection 42: Fugitive OffensesSection 43: Offense of driving away the person in charge Section 44: Offenses related to assault or threatsSection 45: Offenses related to disobedienceSection 46: Offenses related to loss of propertySection 47: Offenses related to gambling and gamblingSection 48: Offenses related to obstruction and use of criminal forceSection 49: Offenses related to propertySection 50: Offenses related to fraud and tax evasionSection 51: Offenses related to misappropriation or absconding with weapons and other valuablesSection 52: Offenses related to discipline and conductSection 53: Offense related to incomplete document verificationSection 54: Offense relating to false statement or statement Section 55: Offense of fraudulent appointmentSection 56: Offense of escaping from custody Section 57: Offense related to gamblingSection 58: Offenses related to adulterySection 59: Offense relating to court martialSection 60: Offense related to illegal salary withholdingSection 61: Offense of Irregular Arrest or DetentionSection 62: Special Provisions on Crimes of Corruption, TheftSection 63: Miscellaneous OffensesSection 64: Business of offense Section 65: Aiding and abetting the commission of an offense Section 66: NA
Chapter - 8
Section 67: Formation of Military CourtsSection 68: Jurisdiction of military court Section 69: Decision to try a case in a military court or other courtSection 70: Not to be prosecuted more than once for the same offense Section 71: Limitation of prosecutionSection 72: SuitableSection 73: Power to convene court-martial
Chapter - 10
Section 79: Location and Bench of Military CourtSection 80: President of Military CourtSection 81: Presence of Prad VivakSection 82: ObjectionableSection 83: Oath Section 84: Decision-making processSection 85: Keeping in judicial informationSection 86: Issuance of IndentureSection 87: Closed QuestionSection 88: Presumption related to signature Section 89: Document to be evidenced Section 90: Asking for details from a government officialSection 91: Evidence of previous convictions and characterSection 92: Provisions of Evidence Act, 2031 will be applicableSection 93: Section 94: Trial of the insane accusedSection 95: Can release insane accused Section 96: Deranged accused can be handed over to the rightful or custodian Section 97: Auction sale and disposal of goods connected with crimeSection 98: Recognition of Military Court Proceedings Section 99: Suspension and Dissolution of Military CourtsSection 100: Sending missiles
Chapter - 11
Section 101: Punishment by court martialSection 102: which may further reduce the punishmentSection 103: Accused accused of one offense may be punished for another offenseSection 104: Battlefield PunishmentSection 105: Departmental PunishmentSection 106: Extent of Departmental PunishmentSection 107: Collective fines
Chapter - 12
Section 108: Upholding the judgment or sentence of the General Military Court Section 109: Upholding the judgment or sentence of the summary general military court Section 110: Upholding the judgment or sentence of the District Military Court Section 111: Procedures to be followed when upholding the case Section 112: Able to prescribe conditions Section 113: Can reduce the sentence Section 114: Repetition of conviction or sentenceSection 115: Conviction or punishment by summary military courtSection 116: Section 117: Judgment or conviction not valid Section 118: Reconsideration of the order of departmental punishment Section 119: Appeals against orders or judgments of military courts
Chapter - 13
Section 120: Calculation of imprisonment periodSection 121: ImprisonmentSection 122: Period to be considered prisoner of war Section 123: Salary Allowance DeductionSection 124: Computation of time of imprisonment or detention Section 125: Salary Allowance during the pendency of the caseSection 126: Extent of reduction Section 127: Deduction from funds other than provident fund, pensionSection 128: Charges will be made at the same rate as the government balanceSection 129: Pay and Allowance of Prisoners of War Pending Investigation of ConductSection 130: Waiver of DeductionsSection 131: Provision of dependents of prisoners of war from exempted deductionsSection 132: Execution of sentence outside Nepal
Chapter - 14
Section 133: Control and responsibility for arms, ammunition and other military equipmentSection 134: Salary and benefits of Commander-in-ChiefSection 135: Declaration of military action Section 135A: Can be usedSection 136: Military Prison Section 137: Application of this Act to any forceSection 138: Authorities exercising powers in special casesSection 139: Classification and inclusionSection 140: may form a commission of inquirySection 141: Can delegate authoritySection 142: Able to give instructionsSection 143: Power to make rulesSection 144: Repeal and RescueSection 145: Alteration