Navy Act, 1957

Bare Act · 1957

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

Act number: 62 of 1957
Enacted: 27 December 1957
Contents: 194 sections · 23 chapters

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Contents

Chapter I — Prelim Inary

Chapter II — The Naval Forces

Section 5 – Power of Central Government to raise and maintain naval forces

Chapter III — Special Provisions Relating To Discipline In Certain Cases

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

Chapter IV — Com M Issions, Appointments And Enrolm Ents

Section 9 – Eligibility for appointment or enrolment (preview)
Section 10 – Commissions and appointments (preview)
Section 11 – Enrolment (preview)
Section 12 – Validity of enrolment (preview)
Section 13 – Oath of allegiance (preview)

Chapter V — Conditions Of Service

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

Chapter VI — Service Privileges

Chapter VII

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

Chapter VIII — Articles Of War

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

Sections

Section 55A – Dangerous unauthorised flying (preview)
Section 55B – Inaccurate certificate (preview)
Section 55C – Low flying and annoyance by flying (preview)
Section 55D – Disobedience of lawful command of captain of an aircraft (preview)
Section 60 – Falsifying official documents and false declarations (preview)
Section 85 – Procedure and conditions of naval custody (preview)
Section 137 – Power to summon and examine material witnesses (preview)
Section 163A – Provision relating to parole (preview)

Chapter IX — Provisions As To Punishm Ents

Section 81 – Punishments (preview)
Section 82 – Provisions as to award of punishment (preview)

Chapter X — Arrest

Section 83 – Power to issue warrants of arrest (preview)
Section 84 – Arrest without warrant (preview)
Section 86 – Investigation after arrest (preview)
Section 87 – Duty to receive or keep in custody (preview)
Section 88 – Procedure before trial (preview)
Section 89 – Provost-marshals (preview)

Chapter XI — Charge

Section 90 – Joinder of charges (preview)
Section 91 – Acts amounting to different offences (preview)
Section 92 – Joinder of accused person (preview)

Chapter XII — Authorities Having Power To Award Punishm Ents

Chapter XIII — Procedure

Section 98 – Where courts-martial to be held (preview)
Section 99 – Trial judge advocate (preview)
Section 100 – Courts-martial to be public (preview)
Section 101 – Commencement of proceedings (preview)
Section 102 – Objections to members (preview)
Section 103 – Further objections (preview)
Section 104 – Administering oath or affirmation (preview)
Section 105 – Arraignment (preview)
Section 106 – Opening of prosecution case (preview)
Section 107 – Calling of prosecution witness not in the original list (preview)
Section 108 – Swearing of interpreter and shorthand-writer (preview)
Section 109 – Objection to interpreter or shorthand-writer (preview)
Section 110 – Swearing of witnesses (preview)
Section 111 – Plea of no case and defence of accused (preview)
Section 112 – Adjournment to view (preview)
Section 113 – Summing up by the trial judge advocate (preview)
Section 114 – Duties of the trial judge advocate (preview)
Section 115 – Duties of the court (preview)
Section 116 – Retirement to consider finding (preview)
Section 117 – Announcement of the finding (preview)
Section 118 – Drawing up of the finding (preview)
Section 119 – Evidence of character and previous convictions (preview)
Section 120 – Consideration of the sentence (preview)
Section 121 – Announcement of the sentence (preview)
Section 122 – Adjournment (preview)
Section 123 – Provisions relating to dissolution of courts-martial (preview)
Section 124 – Ascertaining the opinion of the court (preview)
Section 125 – Finding that the offence was committed with intent involving less degree of punishment (preview)
Section 126 – Alternative findings (preview)
Section 127 – Finding lesser offence proved on charge of greater offence (preview)
Section 128 – Transmission of proceedings to the Judge Advocate General of the Navy (preview)
Section 129 – Right of accused to copy of proceedings and sentence (preview)
Section 130 – Application of the Evidence Act (preview)
Section 131 – Accused competent witness for defence (preview)
Section 132 – Judicial notice (preview)
Section 133 – Presumption as to certain documents (preview)
Section 134 – Summoning of witnesses (preview)
Section 135 – Commissions for examination of witnesses (preview)
Section 136 – Examination of witnesses on commission (preview)
Section 138 – Power of court to pay compensation out of fine (preview)
Section 139 – Summary punishment for contempt of court person subject to naval law (preview)
Section 140 – Summary punishment for contempt of court by person not subject to naval law (preview)
Section 141 – Powers of court-martial when certain offences are committed by persons not subject to naval law (preview)
Section 142 – Powers of courts martial and disciplinary courts in relation to proceedings under this Act (preview)
Section 143 – Accused found insane during trial (preview)
Section 144 – Lunacy of the accused at the time of offence (preview)
Section 145 – Disposal of property pending trial (preview)
Section 146 – Disposal of property regarding which offence is committed (preview)

Chapter XIV — Execution Of Sentences

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

Chapter XV — Judicail Review Of Courts-M Artial Proceedings

Chapter XVI — Modifications Of Findings And Sentences, Pardons And Com Mutation Rem Ission And Suspension Of Sentences

Chapter XVII — Offences In Relation To Courts-M Artial, Disciplinary Courts And Prisons

Chapter XVIII — Judge Advocate General Of The Navy And Officers Of His Departm Ent

Chapter XIX

Chapter XX — Regulations

Section 184 – Power to make regulations (preview)
Section 184A – Power to make regulations with retrospective effect (preview)
Section 185 – Regulations to be laid before Parliament (preview)

Chapter XXI — Repeals And Savings

Section 186 – Repeals (preview)
Section 187 – Provisions as to existing naval forces, appointments, etc (preview)

Chapter XXII — Transitory Provisions

Section 188 – Power of officers of the Royal Navy (preview)