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Legal Library
THE NAVY ACT, 1957
All Acts
THE NAVY ACT, 1957
ACT NO. 62 OF 1957 · Enacted [27th December, 1957.] · 189 sections
PRELIMINARY
Section 1.
Short title and commencement.
Section 2.
Persons subject to naval law.
Section 3.
Definitions.
Section 4.
Fundamental rights to apply to persons subject to naval law with modifications.
THE NAVAL FORCES
Section 5.
Power of Central Government to raise and maintain naval forces.
SPECIAL PROVISIONS RELATING TO DISCIPLINE IN CERTAIN CASES
Section 6.
Provision respecting discipline of persons under engagement to serve Central Government.
Section 7.
Relations between the members of the Navy, Army and Air Force acting together.
Section 8.
Provision respecting discipline of master of merchant vessel under convoy.
COMMISSIONS, APPOINTMENTS AND ENROLMENTS
Section 9.
Eligibility for appointment or enrolment.
Section 10.
Commissions and appointments.
Section 11.
Enrolment.
Section 12.
Validity of enrolment.
Section 13.
Oath of allegiance.
CONDITIONS OF SERVICE
Section 14.
Liability for service of officers and sailors.
Section 15.
Tenure of service of officers and sailors.
Section 16.
Discharge on expiry of engagement.
Section 17.
Provisions as to discharge.
Section 18.
Saving of powers of dismissal by naval tribunals.
Section 19.
Restrictions respecting right to form associations, freedom of speech, etc.
SERVICE PRIVILEGES
Section 20.
Immunity from attachment.
Section 21.
Immunity from arrest for debt.
Section 22.
Immunity of persons attending court-martial or disciplinary court from arrest.
Section 23.
Remedy of aggrieved persons.
Section 24.
Priority of hearing of cases concerning persons in the naval service.
Section 25.
Right of the Chief of the Naval Staff or commanding officers to obtain copies of judgments or orders made by a criminal court.
Section 26.
Saving of rights and privileges under other laws.
PROVISIONS AS TO PAY, PENSION, ETC., AND MAINTENANCE OF FAMILIES
Section 27.
Deductions from pay, etc., not to be made unless authorized.
Section 28.
Deductions from pay and allowances of officers.
Section 29.
Deductions from pay and allowances of sailors.
Section 30.
Deductions awarded by naval tribunals.
Section 31.
Liability for maintenance of wife and children.
Section 32.
Limit of certain deductions.
Section 33.
Remission of deductions.
ARTICLES OF WAR
Section 34.
Misconduct by officers or persons in command.
Section 35.
Misconduct by persons other than those in command.
Section 36.
Delaying or discouraging action or service commanded.
Section 37.
Penalty for disobedience in action.
Section 38.
Penalty for spying.
Section 39.
Correspondence, etc., with the enemy.
Section 40.
Improper communication with the enemy.
Section 41.
Deserting post and neglect of duty.
Section 42.
Mutiny defined.
Section 43.
Punishment for mutiny.
Section 44.
Persons on board ships or aircraft seducing naval personnel from allegiance.
Section 45.
Striking superior officers.
Section 46.
Ill-treating subordinates.
Section 47.
Disobedience and insubordination.
Section 48.
Quarrelling, fighting and disorderly behavior.
Section 49.
Desertion.
Section 50.
Inducing person to desert.
Section 51.
Breaking out of ship and absence without leave.
Section 52.
Drunkenness.
Section 53.
Uncleanness or indecent acts.
Section 54.
Cruelty and conduct unbecoming the character of an officer.
Section 55.
Losing ship or aircraft.
Section 56.
Offences by officers in charge of convoy.
Section 57.
Taking unauthorised goods on board ship.
Section 58.
Offences in respect of property.
Section 59.
Arson.
Section 60.
Falsifying official documents and false declarations.
Section 61.
Malingering, etc.
Section 62.
Penalty for endeavouring to stir up disturbance on account of unwholesomeness of victuals or other just grounds.
Section 63.
Offences in respect of papers relating to prize.
Section 64.
Offences in respect of price.
Section 65.
Offences in respect of persons on board a prize ship.
Section 66.
Unlawful taking of ransoming a prize.
Section 67.
Breaking bulk on board a prize ship.
Section 68.
Violation of the Act, regulations and orders.
Section 69.
Offences in relation to Court-martial.
Section 70.
Fraudulent entry.
Section 71.
Escape from custody.
Section 72.
Failure to assist in detention of offenders.
Section 73.
Penalty for failure to attend by members of reserve forces when called up.
Section 74.
Offences against good order and naval discipline.
Section 75.
Attempts.
Section 76.
Abetment of offences.
Section 77.
Civil offences.
Section 78.
Jurisdiction as to place and offences.
Section 79.
Jurisdiction as to time.
Section 80.
Trial after a person ceases to be subject to naval law.
PROVISIONS AS TO PUNISHMENTS
Section 81.
Punishments.
Section 82.
Provisions as to award of punishment.
ARREST
Section 83.
Power to issue warrants of arrest.
Section 84.
Arrest without warrant.
Section 85.
Procedure and conditions of naval custody.
Section 86.
Investigation after arrest.
Section 87.
Duty to receive or keep in custody.
Section 88.
Procedure before trial.
Section 89.
Provost-marshals.
CHARGE
Section 90.
Joinder of charges.
Section 91.
Acts amounting to different offences.
Section 92.
Joinder of accused person.
AUTHORITIES HAVING POWER TO AWARD PUNISHMENTS
Section 93.
Power of court-martial and commanding officers to try offences.
Section 94.
Power of Central Government, Chief of the Naval Staff and other officers to impose forfeiture of time or seniority.
Section 95.
Disciplinary Courts when may be constituted.
Section 96.
Constitution and procedure of disciplinary courts.
Section 97.
Constitution of courts-martial.
PROCEDURE — Procedure of courts-martial
Section 98.
Where courts-martial to be held.
Section 99.
Trial judge advocate.
Section 100.
Courts-martial to be public.
Section 101.
Commencement of proceedings.
Section 102.
Objections to members.
Section 103.
Further objections.
Section 104.
Administering oath or affirmation.
Section 105.
Arraignment.
Section 106.
Opening of prosecution case.
Section 107.
Calling of prosecution witness not in the original list.
Section 108.
Swearing of interpreter and shorthand-writer.
Section 109.
Objection to interpreter or shorthand-writer.
Section 110.
Swearing of witnesses.
Section 111.
Plea of no case and defence of accused.
Section 112.
Adjournment to view.
Section 113.
Summing up by the trial judge advocate.
Section 114.
Duties of the trial judge advocate.
Section 115.
Duties of the court.
Section 116.
Retirement to consider finding.
Section 117.
Announcement of the finding.
Section 118.
Drawing up of the finding.
Section 119.
Evidence of character and previous convictions.
Section 120.
Consideration of the sentence.
Section 121.
Announcement of the sentence.
Section 122.
Adjournment.
Section 123.
Provisions relating to dissolution of courts-martial.
Section 124.
Ascertaining the opinion of the court.
Section 125.
Finding that the offence was committed with intent involving less degree of punishment.
Section 126.
Alternative findings.
Section 127.
Finding lesser offence proved on charge of greater offence.
Section 128.
Transmission of proceedings to the Judge Advocate General of the Navy.
Section 129.
Right of accused to copy of proceedings and sentence.
PROCEDURE — Rules as to evidence
Section 130.
Application of the Evidence Act.
Section 131.
Accused competent witness for defence.
Section 132.
Judicial notice.
Section 133.
Presumption as to certain documents.
Section 134.
Summoning of witnesses.
Section 135.
Commissions for examination of witnesses.
Section 136.
Examination of witnesses on commission.
Section 137.
Power to summon and examine material witnesses.
PROCEDURE — Compensation to aggrieved persons out of fine
Section 138.
Power of court to pay compensation out of fine.
PROCEDURE — Power of courts-martial respecting contempt, etc
Section 139.
Summary punishment for contempt of court person subject to naval law.
Section 140.
Summary punishment for contempt of court by person not subject to naval law.
Section 141.
Powers of court-martial when certain offences are committed by persons not subject to naval law.
Section 142.
Powers of courts martial and disciplinary courts in relation to proceedings under this Act.
PROCEDURE — Lunacy of accused
Section 143.
Accused found insane during trial.
Section 144.
Lunacy of the accused at the time of offence.
PROCEDURE — Disposal of property
Section 145.
Disposal of property pending trial.
Section 146.
Disposal of property regarding which offence is committed.
EXECUTION OF SENTENCES
Section 147.
Form of sentence of death.
Section 148.
Interim custody until execution of sentence of death.
Section 149.
Execution of sentences of death.
Section 150.
Place of imprisonment and detention.
Section 151.
Commencement of sentence.
Section 152.
Imprisonment of offender already under sentence.
Section 153.
Change of place of confinement.
Section 154.
Discharge or removal of prisoners.
Section 155.
Time of detention in naval custody.
Section 156.
Removal of insane prisoners.
Section 157.
Naval prisons and naval detention quarters.
Section 158.
Execution of sentence of fine.
Section 159.
Power to make regulations in respect of naval prisons and detention quarters.
JUDICAIL REVIEW OF COURTS-MARTIAL PROCEEDINGS
Section 160.
Judicial review by the Judge Advocate General of the Navy.
Section 161.
Consideration by the Chief of the Naval Staff.
MODIFICATIONS OF FINDINGS AND SENTENCES, PARDONS AND COMMUTATION REMISSION AND SUSPENSION OF SENTENCES
Section 162.
Petitions to the Central Government or Chief of the Naval Staff against findings or sentences.
Section 163.
Powers of Central Government and the Chief of the Naval Staff in respect of findings and sentences.
Section 164.
Suspension of sentences.
OFFENCES IN RELATION TO COURTS-MARTIAL, DISCIPLINARY COURTS AND PRISONS
Section 165.
Offences by persons not subject to naval law in relation to courts-martial and disciplinary courts.
Section 166.
Penalties for aiding escape or attempt to escape of prisoners and for breach of prison regulations.
Section 167.
Penalty as regards gaolers, etc.
JUDGE ADVOCATE GENERAL OF THE NAVY AND OFFICERS OF HIS DEPARTMENT
Section 168.
Appointment of the Judge Advocate General of the Navy and his subordinate officers.
Section 169.
Functions of the Judge Advocate General of the Navy.
Section 170.
Discharge of functions of the Judge Advocate General of the Navy in his absence.
DISPOSAL OF THE PRIVATE PROPERTY OF PERSONS DECEASED, MISSING, ETC.
Section 171.
Disposal of property of deceased sailors.
Section 172.
Disposal of property of deceased officers.
Section 173.
Decision of questions as to ship and service debts and other debts in ship or quarters.
Section 174.
Nature of the powers of commanding officer or Committee of Adjustment.
Section 175.
Powers of Central Government to hand over estate of deceased persons to the Administrator- General.
Section 176.
Disposal of surplus by prescribed persons.
Section 177.
Disposal of effects not converted into money.
Section 178.
Termination of liability of commanding officer, Committee, prescribed person and the Central Government.
Section 179.
Saving of rights of representative.
Section 180.
Application of sections 171 to 179 to persons of unsound mind.
Section 181.
Appointment of Standing Committee of Adjustment in certain cases.
Section 182.
Exercise of powers by other persons.
Section 183.
Forfeiture of effects for absence without leave.
REGULATIONS
Section 184.
Power to make regulations.
Section 184A.
Power to make regulations with retrospective effect.
Section 185.
Regulations to be laid before Parliament.
REPEALS AND SAVINGS
Section 186.
Repeals.
Section 187.
Provisions as to existing naval forces, appointments, etc.
TRANSITORY PROVISIONS
Section 188.
Power of officers of the Royal Navy.