(3) The punishment awarded by a sentence passed under subsection (1) or subsection (2) shall not
be higher in the scale of punishments than, or in excess of the punishment awarded by, the sentence
for which a new sentence is substituted under this section.
(4) For the purposes of this Act, any finding or sentence substituted in accordance with this
section for the finding or sentence of a Court martial, and any sentence imposed for an offence
specified or involved in any such substituted finding, shall have effect as if it was a finding or
sentence of a Court martial.
130. Provision in the case of accused being lunatic.___(1) Whenever, in the course of a trial by
Court martial, it appears to the Court that the person charged is of unsound mind and consequently
incapable of making his defence, or that such person committed the act alleged but was by reason of
unsoundness of mind incapable of knowing the nature of the act or that it was wrong or contrary to
law, the Court shall record a finding accordingly, and the president of the Court, or the officer holding
the trial as the case may be, shall forthwith report the case to the confir ming officer or, in the case of
a Court martial whose finding does not require confirmation to the prescribed officer.
(2) The confirming officer to whom a case is reported under sub section (1) may, if he does not
confirm the finding, take steps to have the accused person tried by the same or another Court martial
for the offence with which he was originally charged.
(3) The prescribed officer to whom a case is reported under sub section (1) and a confirming
officer confirming a finding in any case so reported to him shall order the accused person to be kept
in custody in the prescribed manner, and shall report the case for the orders of the 1[Federal
Government].
1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.
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