1[Provided that, in the absence of the convening authority, the proceedings shall be transmitted
for confirmation to an authority superior in command to such authority.].
(3) No finding or sentence of a courtmartial shall be valid unless and except to the extent to
which it is confirmed in accordance with the provisions of this Ordinance and the rules.
131. Power of confirming authority. The confirming authority may order that the finding and
the sentence of the court__
(a) be confirmed__
(i) as passed by the court, or
(ii) subject to such mitigation, remission or commutation of the sentence as specified
hereinafter ;
(b) be returned to the court once for revision, as specified hereinafter, prior to their being
confirmed ; or
(c) be not confirmed.
2[131A. Sentence requiring confirmation by court of appeals.__(1) A punishment
awarded as hadd under any Islamic law shall not be executed unless it is confirmed by the
court of appeals and, until the punishment is confirmed and executed, the convict shall be
dealt with in the same manner as if sentenced to simple imprisonment.
(2) The sentence of amputation of hand, foot or both shall be carried out by an authorized
medical officer.
(3) If, at the time of the execution of the sentence, the authorized medical officer is of the opinion
that the amputation of hand, foot or both may cause the death of the convict, the execution shall be
postponed until such time as the apprehension of death cases.]
132. Power of confirming authority to mitigate, remit or commute sentences. A confirming
authority may, when confirming the sentence of a courtmartial, mitigate or remit the punishment
thereby awarded, or commute that punishment for any punishment or punishments lower in the scale
as laid down in this Ordinance:
Provided that a sentence of imprisonment shall not be commuted to a sentence of detention for a
term exceeding the term of imprisonment awarded by the Court 3[:]
1 Proviso added by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 23.
2 Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 19.
3 Subs. ibid. s. 20, for the fullstop.
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