Section 148: Confirmation of proceedings of courts-martial and unconditional release from custody
(1) Where a court-martial finds the accused guilty of a charge, the record of the proceedings of the court-martial shall be transmitted within sixty days from the date of the finding to the confirming authority for confirmation of the finding and sentence of the court-martial on that charge.
(2) Where the record of proceedings of a court-martial, other than proceedings resulting in sentence of death or life imprisonment, are not transmitted within sixty days as aforesaid, and the accused remains in custody, he shall be released unconditionally pending such confirmation or review.
(3) A finding of guilty or sentence of a court-martial shall not be treated as a finding or sentence of the court-martial until it is confirmed:
Provided that-
(a) this subsection shall not affect the keeping of the accused in military custody pending confirmation, where the sentence is a term of imprisonment or a higher sentence, or the operation of sections 149 and 150 of this Act, or the provisions of this Act as to confirmation or approval; and
(b) the power of detention under this section or the provisions of this Act shall not prejudice the right of an accused to an order of stay of execution of sentence pending appeal or review.
(4) Where an accused person has been refused an order of stay of execution of sentence pending appeal or confirmation of sentence and has been taken in custody, the sentence shall include the period of detention commencing with the date he was so admitted.
(5) In this section, "custody" means detention in an officers' mess, official residence of the accused or a public guest house, in the case of officers, or in any separate premises designated by the President as a detention facility for persons serving sentence of imprisonment and it excludes civil prison.
Cite this section
Section 148, ARMED FORCES ACT (1994).
https://repo.podus.ai/laws/armed-forces-act/section/148/