105. Voting of members.___(1) Every decision of a Court martial shall be passed by an absolute
majority of votes ; and where there is an equality of votes, as to either finding or sentence, the
decision shall be in favour of the accused :
Provided that no sentence of death shall be passed without the con currence, in the case of a
general Court martial of at least two‑thirds of the members and, in the case of a field general Court
martial of all the members, of the Court [ : ]1
1[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.].
(2) In matters other than a challenge or the finding or sentence, the president shall have a second
or casting vote.
106. Oaths of president and members. An oath or affirmation in the prescribed form shall be
administered to every member of every Court martial before the commencement of the trial.
107. Oaths of judge advocate and others. After the members of the Court have been sworn or
affirmed, an oath or affirmation in the prescribed form shall be administered to the following persons
or such of them as are present at the Court martial :___
(a) judge advocate ;
(b) officer attending for the purpose of instruction ;
(c) shorthand writer;
(d) interpreter.
108. Oaths of witnesses. Every person giving evidence at a Court martial shall be examined on
oath or affirmation and shall be duly sworn or affirmed in the prescribed form:
1 Subs. and added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 15.
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