Section List

62/1957 - The Navy Act, 1957 ▶

Act Number: 62

Act Name: The Navy Act, 1957

Year: 1957

Enactment Date: 1957-12-27

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

Ministry: Ministry of Defence

Department: Department of Military Affairs

Section Number	Title	Actions
1	Short title and commencement.
2	Persons subject to naval law.
3	Definitions.
4	Fundamental rights to apply to persons subject to naval law with modifications.
5	Power of Central Government to raise and maintain naval forces.
6	Provision respecting discipline of persons under engagement to serve Central Government.
7	Relations between the members of the Navy, Army and Air Force acting together.
8	Provision respecting discipline of master of merchant vessel under convoy.
9	Eligibility for appointment or enrolment.
10	Commissions and appointments.
11	Enrolment.
12	Validity of enrolment.
13	Oath of allegiance.
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.
20	Immunity from attachment.
21	Immunity from arrest for debt.
22	Immunity of persons attending court-martial or disciplinary 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.
27	Deductions from pay, etc., not to be made unless authorized.
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.
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 insubordination.
48	Quarrelling, fighting and disorderly behavior.
49	Desertion.
50	Inducing 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	Falsifying official documents and false declarations.
61	Malingering, etc.
62	Penalty for endeavouring to stir up disturbance on account of unwholesomeness of victuals or other just grounds.
63	Offences in respect of papers relating to prize.
64	Offences in respect of price.
65	Offences in respect of persons on board a prize ship.
66	Unlawful taking of ransoming a 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.
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
81	Punishments.
82	Provisions as to award of punishment
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
90	Joinder of charges.
91	Acts amounting to different offences.
92	Joinder of accused person
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
95	Disciplinary Courts when may be constituted.
96	Constitution and procedure of disciplinary courts.
97	Constitution 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 witness 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
130	Application of the Evidence Act
131	Accused competent witness for defence
132	Judicial notice
133	Presumption 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 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
143	Accused found insane during trial
144	Lunacy of the accused at the time of offence
145	Disposal of property pending trial
146	Disposal of property regarding which offence is committed
147	Form of sentence of death
148	Interim custody until execution of sentence 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
159	Power to make regulations in respect of naval prisons and detention quarters.
160	Judicial review by the Judge Advocate General of the Navy.
161	Consideration by the Chief of the Naval Staff.
162	Petitions to the Central Government or Chief of the Naval Staff against findings or sentences
163	Powers of Central Government and the Chief of the Naval Staff in respect of findings and sentences.
163A	Provision relating to parole.
164	Suspension of sentences.
165	Offences by persons not subject to naval law in relation to courts-martial and disciplinary courts.
166	Penalties for aiding escape or attempt to escape of prisoners and for breach of prison regulations.
167	Penalty as regards gaolers, etc.
168	Appointment of the Judge Advocate General of the Navy and his subordinate 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.
171	Disposal of property of deceased sailors.
172	Disposal of property of deceased officers.
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 AdministratorGeneral.
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.
184	Power to make regulations.
184A	Power to make regulations with retrospective effect
185	Regulations to be laid before Parliament.
186	Repeals.
187	Provisions as to existing naval forces, appointments, etc.
188	Power of officers of the Royal Navy.