Defence Act, 1954

Revision of summary awards.

180.—The following provisions shall have effect in relation to any award of punishment (including an order for payment of compensation) made under this Chapter by an authorised officer, a commanding officer or a subordinate officer, that is to say:—

(a) if such punishment appears to the prescribed military authority to be wholly illegal, he shall direct the award to be cancelled and the entry thereof in the records of the accused to be expunged;

(b) if such punishment appears to the prescribed military authority to be in excess of the punishment authorised by law for the offence, he shall vary the punishment so that it shall not be in excess of the punishment authorised by law, and the entry thereof in the records of the accused shall be varied accordingly;

(c) if such punishment appears to the prescribed military authority to be too severe having regard to all the circumstances of the case, he may, within two years from the date of the award, remit the whole or any part of the punishment and such remission shall be entered in the records of the accused.