The Navy Act,1957

The Navy Act,1957

CONTENTS

Sections

Particulars

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

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