Court-martial appeals before the Armed Forces Tribunal

Reviewed by Adv. Jyotishwar Bhosale · Updated 10 November 2026

What the Act covers

The Act defines a court-martial to mean a court-martial held under the Army Act, 1950, the Navy Act, 1957 (including the disciplinary courts constituted under that Act) or the Air Force Act, 1950.⁴

Section 15(1) gives the Tribunal jurisdiction over appeals against any order, decision, finding or sentence passed by a court-martial, and any matter connected with or incidental to it.¹

Section 15(2) says any person aggrieved by such an order, decision, finding or sentence may prefer an appeal in such form, manner and within such time as may be prescribed.¹

In the Procedure Rules, the word applicant covers a person making an appeal under section 15(2), and every application under sections 14 or 15 has to meet the form requirements of Rule 8.⁵⁶

Grounds on which an appeal against conviction is allowed

Section 15(4) lists three grounds. The Tribunal shall allow an appeal against conviction if the finding of the court-martial is legally not sustainable for any reason, if the finding involves a wrong decision on a question of law, or if there was a material irregularity in the trial resulting in a miscarriage of justice.¹

What the Tribunal can do

The Tribunal can substitute for the court-martial's finding a finding of guilty of another offence for which the accused could lawfully have been found guilty by the court-martial, and can pass a sentence afresh.¹

The Tribunal can also enhance a sentence, but only if the appellant has been given an opportunity of being heard.¹

On quashing a conviction, the Tribunal may authorise the appellant to be retried by a court-martial. Section 16(2) limits this to cases where the appeal is allowed solely on evidence received or available to the Tribunal and the interests of justice require a retrial.⁷

In appeals, the Tribunal can order production of documents or exhibits connected with the court-martial proceedings, order the attendance of witnesses, and receive evidence.⁸

Bail for a person in military custody

Section 15(3) gives the Tribunal power to grant bail to a person accused of an offence and in military custody, with or without conditions it considers necessary. A proviso bars release where there is reasonable ground to believe the person is guilty of an offence punishable with death or life imprisonment.¹

Time limit and form of the appeal

The Act leaves the form, manner and time of a court-martial appeal to be prescribed.¹

The Act leaves the form, manner and time of a court-martial appeal to be prescribed by rules. Check the current rules and forms, or ask an advocate, before relying on any time limit.¹

Appeal to the Supreme Court

An appeal lies to the Supreme Court against a final decision or order of the Tribunal, other than an order under section 19, under section 30(1) read with section 31: leave of the Tribunal is needed (or the Supreme Court must consider that the point ought to be considered by it), and the appeal must be preferred within 90 days of the decision or order. The page on execution and appeal covers this in more detail.²³

If you would like the firm to look at your papers, you can share the details using the form on this page.

Frequently asked questions

Who can appeal to the Armed Forces Tribunal against a court-martial?

Section 15(2) of the Armed Forces Tribunal Act, 2007 says any person aggrieved by an order, decision, finding or sentence passed by a court-martial may prefer an appeal, in such form, manner and time as may be prescribed.¹

On what grounds will the Tribunal allow an appeal against conviction?

Section 15(4) lists three: the finding is legally not sustainable for any reason, the finding involves a wrong decision on a question of law, or there was a material irregularity in the trial resulting in a miscarriage of justice.¹

Can the Tribunal increase a sentence if I appeal?

Yes, the Tribunal has power to enhance a sentence awarded by a court-martial, but only after the appellant has been given an opportunity of being heard.¹

Can the Armed Forces Tribunal grant bail?

Section 15(3) gives the Tribunal power to grant bail to a person accused of an offence and in military custody, with or without conditions. A proviso bars release where there is reasonable ground to believe the person is guilty of an offence punishable with death or life imprisonment.¹

Can the Tribunal order a fresh court-martial?

When quashing a conviction the Tribunal may authorise a retrial by court-martial, but section 16(2) allows this only where the appeal is allowed solely on evidence received or available to the Tribunal and the interests of justice require a retrial.⁷

Can I appeal further to the Supreme Court?

Yes, with leave. Under sections 30 and 31, an appeal lies to the Supreme Court against the final decision or order of the Tribunal (other than an order under section 19) with leave of the Tribunal or of the Supreme Court, and must be preferred within 90 days of the decision or order.²³

Sources

AFT Act 2007, section 15(1) to 15(4) and 15(6) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 15(1) to 15(4) and 15(6); section 15(1) to 15(4) and 15(6) (text as reproduced on Indian Kanoon). Read the source
AFT Act 2007, section 30(1), including both provisos, and 30(2) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 30(1), including both provisos, and 30(2); section 30(1), including both provisos, and 30(2) (text as reproduced on Indian Kanoon). Read the source
AFT Act 2007, section 31(1) and 31(2) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 31(1) and 31(2); section 31(1) and 31(2) (text as reproduced on Indian Kanoon). Read the source
AFT Act 2007, section 3(f) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 3(f); section 3(f) (text as reproduced on Indian Kanoon). Read the source
AFT (Procedure) Rules 2008, Rule 2(1)(iii), 2(1)(iv) and 2(1)(x) — Armed Forces Tribunal (Procedure) Rules, 2008 (S.R.O. 26(E), 17 September 2008), Rule 2(1)(iii), 2(1)(iv) and 2(1)(x); Rule 2(1)(iii), 2(1)(iv) and 2(1)(x) (text as reproduced on Indian Kanoon). Read the source
AFT (Procedure) Rules 2008, Rule 8(1), 8(7) and 8(9) — Armed Forces Tribunal (Procedure) Rules, 2008 (S.R.O. 26(E), 17 September 2008), Rule 8(1), 8(7) and 8(9); Rule 8(1), 8(7) and 8(9) (text as reproduced on Indian Kanoon). Read the source
AFT Act 2007, section 16(2) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 16(2); section 16(2) (text as reproduced on Indian Kanoon). Read the source
AFT Act 2007, section 17(a) to (c) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 17(a) to (c); section 17(a) to (c) (text as reproduced on Indian Kanoon). Read the source

This page is general information about the law. It is not legal advice and does not create an advocate–client relationship. Laws and rules change; check the current text or consult an advocate about your facts.