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Bar News Acts League

The Navy Act, 1957

Act ID: 1957

The Navy Act, 1957

"An Act to consolidate and amend the law relating to the government of the Indian Navy."

Table of Contents

194 Sections

Ch. 1

PRELIMINARY

S.1Short title and commencement.S.2Persons subject to naval law.S.3Definitions.S.4Fundamental rights to apply to persons subject to naval law with modifications.S.98Where courts-martial to be held S.99Trial judge advocate S.100Courts-martial to be public S.101Commencement of proceedings S.102Objections to members S.103Further objections S.104Administering oath or affirmation S.105Arraignment S.106Opening of prosecution case S.107Calling of prosecution witness not in the original list S.108Swearing of interpreter and shorthand-writer S.109Objection to interpreter or shorthand-writer S.110Examination of witnesses S.111Cross-examination of witnesses S.112Re-examination of witnesses S.113Defence S.114Defence witnesses S.115Reply by prosecution S.116Summing up by judge advocate S.117Deliberation of court S.118Decision of court S.119Finding S.120Proceedings on finding of guilty S.121Sentence S.122Signing of proceedings S.123Record of proceedings S.124Transmission of proceedings S.125Evidence — general provisions S.126Judicial notice S.127Burden of proof S.128Presumption as to documents S.129Admissibility of documents S.130Evidence of previous convictions S.131Reference to High Court on questions of law S.132Contempt of courts-martial S.133Offences by civilians S.134Power to administer oaths S.135Lunacy of accused S.136Transmission of finding regarding lunacy S.137Release of lunatic S.138Delivery of lunatic to civil authority S.139Order for custody and disposal of property S.140Power to search S.141Restitution of property S.142Compensation to complainant S.143Payment of fine S.144Costs of prosecution S.145Disposal of fines S.146Disposal of property regarding which offence is committed

Ch. 2

THE NAVAL FORCES

S.5Power of Central Government to raise and maintain naval forces.

Ch. 3

SPECIAL PROVISIONS RELATING TO DISCIPLINE IN CERTAIN CASES

S.6Provision respecting discipline of persons under engagement to serve Central Government.S.7Relations between the members of the Navy, Army and Air Force acting together.S.8Provision respecting discipline of master of merchant vessel under convoy.

Ch. 4

COMMISSIONS, APPOINTMENTS AND ENROLMENTS

S.9Eligibility for appointment or enrolment.S.10Commissions and appointments.S.11Enrolment.S.12Validity of enrolment.S.13Oath of allegiance.

Ch. 5

CONDITIONS OF SERVICE

S.14Liability for service of officers and sailors.S.15Tenure of service of officers and sailors.S.16Discharge on expiry of engagement.S.17Provisions as to discharge.S.18Saving of powers of dismissal by naval tribunals.S.19Restrictions respecting right to form associations, freedom of speech, etc.

Ch. 6

SERVICE PRIVILEGES

S.20Immunity from attachment.S.21Immunity from arrest for debt.S.22Immunity of persons attending court-martial or disciplinary court from arrest.S.23Remedy of aggrieved persons.S.24Priority of hearing of cases concerning persons in the naval service.S.25Right of the Chief of the Naval Staff or commanding officers to obtain copies of judgments or orders made by a criminal court.S.26Saving of rights and privileges under other laws.

Ch. 7

PROVISIONS AS TO PAY, PENSION, ETC., AND MAINTENANCE OF FAMILIES

S.27Deductions from pay, etc., not to be made unless authorized.S.28Deductions from pay and allowances of officers.S.29Deductions from pay and allowances of sailors.S.30Deductions awarded by naval tribunals.S.31Liability for maintenance of wife and children.S.32Limit of certain deductions.S.33Remission of deductions.

Ch. 8

ARTICLES OF WAR

S.34Misconduct by officers or persons in command.S.35Misconduct by persons other than those in command.S.36Delaying or discouraging action or service commanded.S.37Penalty for disobedience in action.S.38Penalty for spying.S.39Correspondence, etc., with the enemy.S.40Improper communication with the enemy.S.41Deserting post and neglect of duty.S.42Mutiny defined.S.43Punishment for mutiny.S.44Persons on board ships or aircraft seducing naval personnel from allegiance.S.45Striking superior officers.S.46Ill-treating subordinates.S.47Disobedience and insubordination.S.48Quarrelling, fighting and disorderly behavior.S.49Desertion.S.50Inducing person to desert.S.51Breaking out of ship and absence without leave.S.52Drunkenness.S.53Uncleanness or indecent acts.S.54Cruelty and conduct unbecoming the character of an officer.S.55Losing ship or aircraft.S.55ADangerous unauthorised flying.S.55BInaccurate certificate.S.55CLow flying and annoyance by flying S.55DDisobedience of lawful command of captain of an aircraft.S.56Offences by officers in charge of convoy S.57Taking unauthorised goods on board ship S.58Offences in respect of property.S.59Arson S.60Falsifying official documents and false declarations.S.61Malingering, etc.S.62Penalty for endeavouring to stir up disturbance on account of unwholesomeness of victuals or other just grounds.S.63Offences in respect of papers relating to prize.S.64Offences in respect of price.S.65Offences in respect of persons on board a prize ship.S.66Unlawful taking of ransoming a prize S.67Breaking bulk on board a prize ship.S.68Violation of the Act, regulations and orders.S.69Offences in relation to Court-martial.S.70Fraudulent entry S.71Escape from custody S.72Failure to assist in detention of offenders.S.73Penalty for failure to attend by members of reserve forces when called up.S.74Offences against good order and naval discipline S.75Attempts.S.76Abetment of offences.S.77Civil offences S.78Jurisdiction as to place and offences.S.79Jurisdiction as to time S.80Trial after a person ceases to be subject to naval law

Ch. 9

PROVISIONS AS TO PUNISHMENTS

S.81Punishments.S.82Provisions as to award of punishment

Ch. 10

ARREST

S.83Power to issue warrants of arrest.S.84Arrest without warrant.S.85Procedure and conditions of naval custody.S.86Investigation after arrest.S.87Duty to receive or keep in custody.S.88Procedure before trial.S.89Provost-marshals

Ch. 11

CHARGE

S.90Joinder of charges.S.91Acts amounting to different offences.S.92Joinder of accused person

Ch. 12

AUTHORITIES HAVING POWER TO AWARD PUNISHMENTS

S.93Power of court-martial and commanding officers to try offences S.94Power of Central Government, Chief of the Naval Staff and other officers to impose forfeiture of time or seniority S.95Disciplinary Courts when may be constituted.S.96Constitution and procedure of disciplinary courts.S.97Constitution of courts-martial.

Ch. 13

EXECUTION OF SENTENCES

S.147Form of sentence of death S.148Interim custody until execution of sentence of death S.149Execution of sentences of death S.150Place of imprisonment and detention S.151Commencement of sentence S.152Imprisonment of offender already under sentence S.153Change of place of confinement S.154Discharge or removal of prisoners S.155Time of detention in naval custody S.156Removal of insane prisoners S.157Naval prisons and naval detention quarters S.158Execution of sentence of fine S.159Power to make regulations in respect of naval prisons and detention quarters.

Ch. 14

JUDICAIL REVIEW OF COURTS-MARTIAL PROCEEDINGS

S.160Judicial review by the Judge Advocate General of the Navy.S.161Consideration by the Chief of the Naval Staff.

Ch. 15

MODIFICATIONS OF FINDINGS AND SENTENCES, PARDONS AND COMMUTATION REMISSION AND SUSPENSION OF SENTENCES

S.162Petitions to the Central Government or Chief of the Naval Staff against findings or sentences S.163Powers of Central Government and the Chief of the Naval Staff in respect of findings and sentences.S.163AProvision relating to parole.S.164Suspension of sentences.

Ch. 16

OFFENCES IN RELATION TO COURTS-MARTIAL, DISCIPLINARY COURTS AND PRISONS

S.165Offences by persons not subject to naval law in relation to courts-martial and disciplinary courts.S.166Penalties for aiding escape or attempt to escape of prisoners and for breach of prison regulations.S.167Penalty as regards gaolers, etc.

Ch. 17

JUDGE ADVOCATE GENERAL OF THE NAVY AND OFFICERS OF HIS DEPARTMENT

S.168Appointment of the Judge Advocate General of the Navy and his subordinate officers S.169Functions of the Judge Advocate General of the Navy.S.170Discharge of functions of the Judge Advocate General of the Navy in his absence.

Ch. 18

DISPOSAL OF THE PRIVATE PROPERTY OF PERSONS DECEASED, MISSING, ETC

S.171Disposal of property of deceased sailors.S.172Disposal of property of deceased officers.S.173Decision of questions as to ship and service debts and other debts in ship or quarters.S.174Nature of the powers of commanding officer or Committee of Adjustment.S.175Powers of Central Government to hand over estate of deceased persons to the AdministratorGeneral.S.176Disposal of surplus by prescribed persons.S.177Disposal of effects not converted into money.S.178Termination of liability of commanding officer, Committee, prescribed person and the Central Government.S.179Saving of rights of representative.S.180Application of sections 171 to 179 to persons of unsound mind.S.181Appointment of Standing Committee of Adjustment in certain cases.S.182Exercise of powers by other persons.S.183Forfeiture of effects for absence without leave.

Ch. 19

REGULATIONS

S.184Power to make regulations.S.184APower to make regulations with retrospective effect S.185Regulations to be laid before Parliament.

Ch. 20

REPEALS AND SAVINGS

S.186Repeals.S.187Provisions as to existing naval forces, appointments, etc.

Ch. 21

TRANSITORY PROVISIONS

S.188Power of officers of the Royal Navy.