(3) If objection is made in respect of the president, and allowed by onehalf or more of the
officers entitled to vote, the court shall adjourn until a new president is appointed by the convening
authority.
(4) If the objection is made in respect of any member of the court other than the president and
allowed as specified above, the member objected to shall retire, and his vacancy shall be filled by the
first officer nominated as a spare member, under subsection (2) of section 99 who is qualified to be
and is not already a member of the court.
(5) When no objection is made, or objection made has been disallowed, or the place of every
officer successfully objected to has been filled by another officer to whom no objection is made or
objection made is disallowed, the court shall proceed with the, trial.
110. Administration of oath.__(1) An oath or affirmation in the prescribed form shall be
administered in open court to every member of every courtmartial and to the judge Advocate, if any,
before the commencement of the trial.
(2) An oath or affirmation in the prescribed form shall be administered in open court to every
officer, if any, in attendance on a courtmartial for the purpose of instruction, and also to every short
hand writer or interpreter, if any.
(3) Every person giving evidence before a courtmartial shall be examined after being duly sworn
or affirmed in the prescribed form:
Provided that where a courtmartial is satisfied that a child of tender years is unable to understand
the nature of an oath or affirmation, it may dispense with the administration of oath or affirmation.
111. Voting by members.__(1) Every decision of a courtmartial shall be passed by an absolute
majority of votes ; and where there is an equality of votes on either the finding or the sentence, the
decision shall be in favour of the accused :
Provided that no sentence of death shall be passed without the concur rence, in the case of a
general courtmartial of at least twothirds of the members, and in the case of a summary general
courtmartial of all the members of the court [:]1
2[Provided further that, where the offence of which an accused is found guilty is an offence liable
to hadd under an Islamic law, the sentence awarded shall be that provided for the offence in that law.]
1 Subs. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 18, for fullstop.
2 Proviso added ibid.
Page 48 of 76