Defence Act, 1954

Chapter IV.

Investigation and Summary Disposition of Charges, Remands for Court-martial and Dispensation with Trial by Court-martial.

Acquittal or conviction to be a bar to summary proceedings.

175.—(1) Where—

(a) a person has been charged with an offence against military law, and

(b) (i) he has been acquitted or convicted of the offence by a civil court, or

(ii) he has been acquitted of the offence by a court-martial, or

(iii) he has been found guilty of the offence by a court-martial and the finding has been confirmed,

he shall not be liable to be dealt with summarily for the offence under this Chapter.

(2) Where—

(a) a person subject to military law is charged with an offence against military law, and

(b) the offence was dealt with under this Chapter either by being dismissed or being dealt with summarily,

he shall not be liable to be dealt with summarily again under this Chapter in respect of that offence.