(2) In matters other than an objection under section 109 or a finding or a sentence, the president
shall have a second or casting vote.
112. Power to convict of mitigated offence. Where higher punishment for any offence under this
Ordinance depends upon the intent with which or the circumstances in which the offender acts, and
any person is charged with committing that offence with such intent or in such circumstances, he may
be found guilty of committing that offence without such intent or circumstances and awarded lower
punishment.
113. Power to convict of alternative offence.__ (1) Where a person is charged with an offence
under any provision of this Ordinance other than sections 78 and 79 but the offence is not proved, he
may be found guilty of__
(a) an attempt or abetment to commit the offence charged ; or
(b) an offence of the same class as the offence charged and not involving greater punishment.
(2) Where a person is charged with a civil offence under sections 78 and 79 but that offence is
not proved, he may be found guilty and convict ed of any other civil offence of which he could be
found guilty and convicted by a criminal court in a trial for the same offence as he is charged with.
114. General rules as to evidence. Subject to the provisions of this Ordinance, the rules of
evidence generally followed in criminal courts shall apply to proceedings before a courtmartial.
115. Judicial notice. A courtmartial shall take judicial notice of any matter generally within the
knowledge of its members as officers of the navy.
116. Summoning of witnesses.__(1) The convening officer, the president of the court, the judge
advocate, 1[the President of the board of inquiry,] or the commanding officer of the accused person
may, by summons under his hand, require the attendance, at a time and place to be mentioned in the
summons, of any person either to give evidence or to produce any document or thing.
(2) In the case of a witness subject to service law the summons shall be sent to his commanding
officer and such officer shall serve it upon him accordingly.
1[(3) In case of any other witness the person issuing the summons under subsection (1) shall
have the same powers as a criminal court has under the Code of Criminal Procedure 1898 (Act V of
1898), to enforce the attendance of any witness and for his examination or production of any
document or thing.]
1 Ins. by Ord. LXII of 2000, s. 4.
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