Act 62 of 1957

The Navy Act, 1957

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

  • Ministry of Defence
  • Department of Military Affairs
  • Enacted 1957-12-27
  • 194 sections
SectionTitle
1 Short title and commencement. Read
2 Persons subject to naval law. Read
3 Definitions. Read
4 Fundamental rights to apply to persons subject to naval law with modifications. Read
5 Power of Central Government to raise and maintain naval forces. Read
6 Provision respecting discipline of persons under engagement to serve Central Government. Read
7 Relations between the members of the Navy, Army and Air Force acting together. Read
8 Provision respecting discipline of master of merchant vessel under convoy. Read
9 Eligibility for appointment or enrolment. Read
10 Commissions and appointments. Read
11 Enrolment. Read
12 Validity of enrolment. Read
13 Oath of allegiance. Read
14 Liability for service of officers and sailors. Read
15 Tenure of service of officers and sailors. Read
16 Discharge on expiry of engagement. Read
17 Provisions as to discharge. Read
18 Saving of powers of dismissal by naval tribunals. Read
19 Restrictions respecting right to form associations, freedom of speech, etc. Read
20 Immunity from attachment. Read
21 Immunity from arrest for debt. Read
22 Immunity of persons attending court-martial or disciplinary court from arrest. Read
23 Remedy of aggrieved persons. Read
24 Priority of hearing of cases concerning persons in the naval service. Read
25 Right of the Chief of the Naval Staff or commanding officers to obtain copies of judgments or orders made by a criminal court. Read
26 Saving of rights and privileges under other laws. Read
27 Deductions from pay, etc., not to be made unless authorized. Read
28 Deductions from pay and allowances of officers. Read
29 Deductions from pay and allowances of sailors. Read
30 Deductions awarded by naval tribunals. Read
31 Liability for maintenance of wife and children. Read
32 Limit of certain deductions. Read
33 Remission of deductions. Read
34 Misconduct by officers or persons in command. Read
35 Misconduct by persons other than those in command. Read
36 Delaying or discouraging action or service commanded. Read
37 Penalty for disobedience in action. Read
38 Penalty for spying. Read
39 Correspondence, etc., with the enemy. Read
40 Improper communication with the enemy. Read
41 Deserting post and neglect of duty. Read
42 Mutiny defined. Read
43 Punishment for mutiny. Read
44 Persons on board ships or aircraft seducing naval personnel from allegiance. Read
45 Striking superior officers. Read
46 Ill-treating subordinates. Read
47 Disobedience and insubordination. Read
48 Quarrelling, fighting and disorderly behavior. Read
49 Desertion. Read
50 Inducing person to desert. Read
51 Breaking out of ship and absence without leave. Read
52 Drunkenness. Read
53 Uncleanness or indecent acts. Read
54 Cruelty and conduct unbecoming the character of an officer. Read
55 Losing ship or aircraft. Read
55A Dangerous unauthorised flying.Read
55B Inaccurate certificate.Read
55C Low flying and annoyance by flyingRead
55D Disobedience of lawful command of captain of an aircraft.Read
56 Offences by officers in charge of convoyRead
57 Taking unauthorised goods on board shipRead
58 Offences in respect of property.Read
59 ArsonRead
60 Falsifying official documents and false declarations.Read
61 Malingering, etc.Read
62 Penalty for endeavouring to stir up disturbance on account of unwholesomeness of victuals or other just grounds.Read
63 Offences in respect of papers relating to prize.Read
64 Offences in respect of price.Read
65 Offences in respect of persons on board a prize ship.Read
66 Unlawful taking of ransoming a prizeRead
67 Breaking bulk on board a prize ship.Read
68 Violation of the Act, regulations and orders.Read
69 Offences in relation to Court-martial.Read
70 Fraudulent entryRead
71 Escape from custodyRead
72 Failure to assist in detention of offenders.Read
73 Penalty for failure to attend by members of reserve forces when called up.Read
74 Offences against good order and naval disciplineRead
75 Attempts.Read
76 Abetment of offences.Read
77 Civil offencesRead
78 Jurisdiction as to place and offences.Read
79 Jurisdiction as to timeRead
80 Trial after a person ceases to be subject to naval lawRead
81 Punishments.Read
82 Provisions as to award of punishmentRead
83 Power to issue warrants of arrest.Read
84 Arrest without warrant.Read
85 Procedure and conditions of naval custody.Read
86 Investigation after arrest.Read
87 Duty to receive or keep in custody.Read
88 Procedure before trial.Read
89 Provost-marshalsRead
90 Joinder of charges.Read
91 Acts amounting to different offences.Read
92 Joinder of accused personRead
93 Power of court-martial and commanding officers to try offencesRead
94 Power of Central Government, Chief of the Naval Staff and other officers to impose forfeiture of time or seniorityRead
95 Disciplinary Courts when may be constituted.Read
96 Constitution and procedure of disciplinary courts.Read
97 Constitution of courts-martial.Read
98 Where courts-martial to be held.Read
99 Trial judge advocateRead
100 Courts-martial to be public.Read
101 Commencement of proceedings.Read
102 Objections to members.Read
103 Further objectionsRead
104 Administering oath or affirmationRead
105 Arraignment.Read
106 Opening of prosecution case.Read
107 Calling of prosecution witness not in the original listRead
108 Swearing of interpreter and shorthand-writer.Read
109 Objection to interpreter or shorthand-writer.Read
110 Swearing of witnesses.Read
111 Plea of no case and defence of accusedRead
112 Adjournment to viewRead
113 Summing up by the trial judge advocateRead
114 Duties of the trial judge advocateRead
115 Duties of the courtRead
116 Retirement to consider findingRead
117 Announcement of the findingRead
118 Drawing up of the findingRead
119 Evidence of character and previous convictionsRead
120 Consideration of the sentenceRead
121 Announcement of the sentenceRead
122 AdjournmentRead
123 Provisions relating to dissolution of courts-martialRead
124 Ascertaining the opinion of the courtRead
125 Finding that the offence was committed with intent involving less degree of punishmentRead
126 Alternative findingsRead
127 Finding lesser offence proved on charge of greater offenceRead
128 Transmission of proceedings to the Judge Advocate General of the NavyRead
129 Right of accused to copy of proceedings and sentenceRead
130 Application of the Evidence ActRead
131 Accused competent witness for defenceRead
132 Judicial noticeRead
133 Presumption as to certain documentsRead
134 Summoning of witnessesRead
135 Commissions for examination of witnessesRead
136 Examination of witnesses on commissionRead
137 Power to summon and examine material witnessesRead
138 Power of court to pay compensation out of fineRead
139 Summary punishment for contempt of court person subject to naval lawRead
140 Summary punishment for contempt of court by person not subject to naval lawRead
141 Powers of court-martial when certain offences are committed by persons not subject to naval lawRead
142 Powers of courts martial and disciplinary courts in relation to proceedings under this ActRead
143 Accused found insane during trialRead
144 Lunacy of the accused at the time of offenceRead
145 Disposal of property pending trialRead
146 Disposal of property regarding which offence is committedRead
147 Form of sentence of deathRead
148 Interim custody until execution of sentence of deathRead
149 Execution of sentences of deathRead
150 Place of imprisonment and detentionRead
151 Commencement of sentenceRead
152 Imprisonment of offender already under sentenceRead
153 Change of place of confinementRead
154 Discharge or removal of prisonersRead
155 Time of detention in naval custodyRead
156 Removal of insane prisonersRead
157 Naval prisons and naval detention quartersRead
158 Execution of sentence of fineRead
159 Power to make regulations in respect of naval prisons and detention quarters.Read
160 Judicial review by the Judge Advocate General of the Navy.Read
161 Consideration by the Chief of the Naval Staff.Read
162 Petitions to the Central Government or Chief of the Naval Staff against findings or sentencesRead
163 Powers of Central Government and the Chief of the Naval Staff in respect of findings and sentences.Read
163A Provision relating to parole.Read
164 Suspension of sentences.Read
165 Offences by persons not subject to naval law in relation to courts-martial and disciplinary courts.Read
166 Penalties for aiding escape or attempt to escape of prisoners and for breach of prison regulations.Read
167 Penalty as regards gaolers, etc.Read
168 Appointment of the Judge Advocate General of the Navy and his subordinate officersRead
169 Functions of the Judge Advocate General of the Navy.Read
170 Discharge of functions of the Judge Advocate General of the Navy in his absence.Read
171 Disposal of property of deceased sailors.Read
172 Disposal of property of deceased officers.Read
173 Decision of questions as to ship and service debts and other debts in ship or quarters.Read
174 Nature of the powers of commanding officer or Committee of Adjustment.Read
175 Powers of Central Government to hand over estate of deceased persons to the AdministratorGeneral.Read
176 Disposal of surplus by prescribed persons.Read
177 Disposal of effects not converted into money.Read
178 Termination of liability of commanding officer, Committee, prescribed person and the Central Government.Read
179 Saving of rights of representative.Read
180 Application of sections 171 to 179 to persons of unsound mind.Read
181 Appointment of Standing Committee of Adjustment in certain cases.Read
182 Exercise of powers by other persons.Read
183 Forfeiture of effects for absence without leave.Read
184 Power to make regulations.Read
184A Power to make regulations with retrospective effectRead
185 Regulations to be laid before Parliament.Read
186 Repeals.Read
187 Provisions as to existing naval forces, appointments, etc.Read
188 Power of officers of the Royal Navy.Read
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