Section 123: Provisions relating to dissolution of courts-martial

(1) A court-martial assembled under this Act shall be dissolved—

(a) when the number of members comprising the court is after the commencement of a trial reduced below four;

(b) by the prolonged illness of the president, trial judge advocate or the accused;

(c) by the death of the president or the trial judge advocate;

(d) on the making of a report under sub-section (2) of section 143.

(2) Whenever a court-martial is dissolved by virtue of sub-section (1), the accused may be retired.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 123

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