Sunday, November 15, 2020

When does confinement begin?

A case in the Delhi High Court raises the question of whether a Border Security Force court-martial sentence to confinement takes effect immediately or only after confirmation. There aeems to be a conflict between a provision of the Army Acf and an implementing regulation. Details here. The statute may have to be amended, but it does seem that this is a (further) good reason to shift to a post-Findlay system in which there simply is no need for command confirmation.

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