The navi act, 1957 (Bare Act)/ Universal Law Publishing

THE NAVY ACT, 1957
IiUroduction . . . .
CHAPTER!
PRELIMINARY
Sections
1. Short title and coinniencement . . . .
2. Persons subject to naval law . . . .
3. Definitions
4. Fundamental rights to apply to persons subject to naval law with modiUcations
Page . )

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. Provision respecting discipline of persons under engagement to serve j Central Government . . . . .
7. Relations between the members of the Navy. Army and Air Force acting togetiicr
8. Provision respecting discipline of master of merchant ves.sci under convoy .
CHAPTER IV
COMMISSIONS, APPOINTMENT AND ENROLMENT
9. Eligibility for appointment or enrolment
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 .
LS. Tenure of.service ofoflicers and sailors
16. Discharge on e.\[>iry of engagement
17. Provisions as to discharge
18. Saving of powers of dismissal by Naval tribunals
zaz
Sections
19. Restriction respecting right to form a.ssociations, freedom of speech, etc. 10
19 A. Re-instalment of persons belonging to the Indian Naval Reserve Forces on termination of period of training or actual service with the Indian Navy 11
I9B. Preservation of service rights belonging to the Indian Naval Reserve Forces when called up for training or actual service with the Indian Navy 12
CHAPTER VI
SERVICE PRIVILEGES
20. Immunity from attachment . . . . .
21. Immunity from arrest for debt . . ' .
22. Immunity of persons attending court-martial or discililinary court from arrest
23. Remedy of aggrieved persons . . . . .
24. Priority of hearing of cases concerning persons in the naval service . 25. Right of the Chief of the Naval Staff or commanding officers to obtain copies of judgments or orders made by a criminal court . . • •
26. Saving of rights and privileges under other laws . . . .

CHAPTER Vll
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 Vlll
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

Sections
44. Persons on board ships or aircraft seducing naval personal from allegiance
45. Striking Superior officers
46. Ill-treating subordinates
47. Disobedience and insubordination
48. Quarrelling, flghting and disorderly behaviour
49. Desertion
50. Seducing person to desert
51. Breakingoutofship 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 authorised 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. Falsifying official documents and false declarations
61. Malingering, ere.
62. Penalty for endeavouring to stir up disturbance on account of unwholesomeness of victuals or other just grounds .
63. Offences in respect ofpapers relating to prize
64. Offences in respect of prize
65. Offences in respect of persons on board of prize ship
66. Unlawful taking or ransoming of 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 when called up
74. Offences against good order and naval discipline
75. Attempts
Sections
76. Abetment of offences
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. Punishments
82. Provisions as to award of punishment
28
29
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 forfeiture of time or seniority 1 95. Disciplinary courts when may be constituted • • • _ ■ 96. Constitution and procedure of disciplinary courts
97. Constitution of courts-martial • • •

CHAPTER Xm
PROCEDURE
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 of prosecution wimess not in the original list
108. Swearing of interpreter and shorthand-writer
109. Objection to interpreter or shorthand-writer
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. Adjournment
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
less degree of punishment
126. Alternative findings
127. Finding lesser offence proved on charge of greater offence
128. Transmission of proceedings to the Judge Advocate General of the Navy
129. Right of accused to copy of proceedings and sentence

Sections
Rules as to evidence
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 Compensation to aggrieved persons out of fine 138. Power of court to pay compensation out of fine . . . .
Power of courts-martial respecting contempt, etc.
139. Summary punishment for contempt of court by person subject to naval law 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 • • ■ Lunacy of accused
143. Accused found insane during trial . • • • 144. Lunacy of the accused at the time of offence. Disposal of property
145. Disposal of property pending trial . . . • 146. Disposal of 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 sentences 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 . . . 53
159. Power to make regulations in respect of naval prisons and detention quarters . . . 53
CHAPTER XV
JUDICIAL REVIEW OF COURTS-MARTIAL PROCEEDINGS 160. Judicial review by the Judge Advocate General of the Navy . . . 53 161. Consideration by the Chief of the Naval Staff . . . 54
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 . . . 54
163. Powers of Central Government and the Chief of the Naval Staff in respect of findings and sentences . . . 54 63A. Provision relating to parole . . . 55 164. Suspension of sentences . . • 55
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 . . . 56
166. Penalties for aiding escape or attempt to escape of prisoners and for breach of prison regulations . . . 56 167. Penalty as regards gaolers, etc . . . - 57
CHAPTER XVIII
JUDGE ADVOCATE GENERAL OF THE NAVY AND OFFICERS
OF HIS DEPARTMENT
168. Appointment of the Judge Advocate General of the Navy and • his subordinate officers . . . 57
169. Functions of the Judge Advocate General of the Navy . . . 58 170. Discharge of functions of the Judge Advocate General of the Navy in his absence . . . 58
CHAPTER XIX
DISPOSAL OF THE PRIVATE PROPERTY OF PERSONS DECEASED, MISSING, ETC.
171. Disposal of property of deceased sailors . . . 58 172. Disposal of property of deceased officers . . . 59
Sections
173. Decision of questions as to ship and service debts and other debts in ship 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 of 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 unsound mind
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. Regulations to be laid before Parliament CHAPTER XXI
REPEALS AND SAVINGS
186. [Repealed] 187. Provisions as to existing naval forces, appointment, etc CHAPTER XXII [REPEALED]
188. [Repealed]