180 Articles of War. [AOT XII (Section 43.) and receive and record evidence of, any previous con- victions of such person, either by a court-martial or by a criminal court, and shall further enquire into and record the general character of such persona (2) Evidence received under this article may be either oral, or in the shape of entries in, or certificd extracts from, court-martial books or other official records; and it shall not be necessary to prove the signature to such certified extracts, nor shall it be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a summary court-martial the command- ing officer holding the trial may, if he thinks fit, record any previous convictions against the offender and his general character, as of his own knowledge instead of requiring them to be proved under the foregoing provisions of this article. General rule " Article 117 4.--Subject to the provisions of the last foregoing article, the Indian Evidence Act, 1872, I of 18 dence. subject to such modifications thereof and to such additional rules of evidence as the Governor General in Council may, by notification, direct, shall apply to all proceedings before a court-martial.” Substitution 43. For articles 119 and 120 of the said Articles of new the following shall be substituted, namely: Articles for articles 119 and 120.
- Article 119.- No sentence of death sball be
Majority requisite to passed by any court-martial without the concurrence sentence of of two-thirds at the least of the members of the court. death. Revision of “ Article 120.-(1) The finding or sentence of finding or any court-martial may be once revised by order of Bontence. the officer authorized to dispose of the proceedings, and, on such revision, the court, if so directed by him, may take additional evidence. (2) The court, on revision, shall consist of the same olicers as were present when the original deci. sion as to evi.
