Section 16:
Re-trial.
(1) Except as provided by this Act, where the conviction of a person by court martial
for an offence has been quashed, he shall not be liable to be tried again for that offence by a court martial
or by any other Court.
(2) The Tribunal shall have the power of quashing a conviction, to make an order authorising the
appellant to be retried by court martial, but shall only exercise this power when the appeal against
conviction is allowed by reasons only of evidence received or available to be received by the Tribunal
under this Act and it appears to the Tribunal that the interests of justice require that an order under this
section should be made:
Provided that an appellant shall not be retried under this section for an offence other than--
(a) the offence for which he was convicted by the original court martial and in respect of which
his appeal is allowed;
(b) any offence for which he could have been convicted at the original court martial on a charge
of the first-mentioned offence;
(c) any offence charged in the alternative in respect of which the court martial recorded no
finding in consequence of convicting him of the first-mentioned offence.
(3) A person who is to be retried under this section for an offence shall, if the Tribunal or the
Supreme Court so directs, whether or not such person is being tried or retried on one or more of the
original charges, no fresh investigation or other action shall be taken under the relevant provision of the
Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950)
as the case may be, or rules and regulations made there under, in relation to the said charge or charges on
which he is to be retried.