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The Navy Act, 1957

Central

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

Act number
62 of 1957
Ministry
Ministry of Defence
Department
Department of Military Affairs
Enacted
27 Dec 1957

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

194 sections

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