Bare Acts

The Navy Act, 1957

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

नौसेना अधिनियम, 1957

English PDF Hindi PDF

Act Details

Act Number:

Act Year:

1957

Location:

Enactment Date:

12/27/1957

Enforcement Date:

01-01-1958

Ministry:

Ministry of Defence

Department:

Department of Military Affairs

Full List of Sections

PRELIMINARY

Section 1 to Section 4

Section 1

Short title and commencement.

Section 2

Persons subject to naval law.

Section 3

Definitions.

Section 4

Fundamental rights to apply to persons subject to naval law with modifications.

THE NAVAL FORCES

Section 5

Power of Central Government to raise and maintain naval forces.

SPECIAL PROVISIONS RELATING TO DISCIPLINE IN CERTAIN CASES

Section 6 to Section 8

Section 6

Provision respecting discipline of persons under engagement to serve Central Government.

Section 7

Relations between the members of the Navy, Army and Air Force acting together.

Section 8

Provision respecting discipline of master of merchant vessel under convoy.

COMMISSIONS, APPOINTMENTS AND ENROLMENTS

Section 9 to Section 13

Section 9

Eligibility for appointment or enrolment.

Section 10

Commissions and appointments.

Section 11

Enrolment.

Section 12

Validity of enrolment.

Section 13

Oath of allegiance.

CONDITIONS OF SERVICE

Section 14 to Section 19

Section 14

Liability for service of officers and sailors.

Section 15

Tenure of service of officers and sailors.

Section 16

Discharge on expiry of engagement.

Section 17

Provisions as to discharge.

Section 18

Saving of powers of dismissal by naval tribunals.

Section 19

Restrictions respecting right to form associations, freedom of speech, etc.

SERVICE PRIVILEGES

Section 20 to Section 26

Section 20

Immunity from attachment.

Section 21

Immunity from arrest for debt.

Section 22

Immunity of persons attending court-martial or disciplinary court from arrest.

Section 23

Remedy of aggrieved persons.

Section 24

Priority of hearing of cases concerning persons in the naval service.

Section 25

Right of the Chief of the Naval Staff or commanding officers to obtain copies of judgments or orders made by a criminal court.

Section 26

Saving of rights and privileges under other laws.

PROVISIONS AS TO PAY, PENSION, ETC., AND MAINTENANCE OF FAMILIES

Section 27 to Section 33

Section 27

Deductions from pay, etc., not to be made unless authorized.

Section 28

Deductions from pay and allowances of officers.

Section 29

Deductions from pay and allowances of sailors.

Section 30

Deductions awarded by naval tribunals.

Section 31

Liability for maintenance of wife and children.

Section 32

Limit of certain deductions.

Section 33

Remission of deductions.

ARTICLES OF WAR

Section 34 to Section 80

Section 34

Misconduct by officers or persons in command.

Section 35

Misconduct by persons other than those in command.

Section 36

Delaying or discouraging action or service commanded.

Section 37

Penalty for disobedience in action.

Section 38

Penalty for spying.

Section 39

Correspondence, etc., with the enemy.

Section 40

Improper communication with the enemy.

Section 41

Deserting post and neglect of duty.

Section 42

Mutiny defined.

Section 43

Punishment for mutiny.

Section 44

Persons on board ships or aircraft seducing naval personnel from allegiance.

Section 45

Striking superior officers.

Section 46

Ill-treating subordinates.

Section 47

Disobedience and insubordination.

Section 48

Quarrelling, fighting and disorderly behavior.

Section 49

Desertion.

Section 50

Inducing person to desert.

Section 51

Breaking out of ship and absence without leave.

Section 52

Drunkenness.

Section 53

Uncleanness or indecent acts.

Section 54

Cruelty and conduct unbecoming the character of an officer.

Section 55

Losing ship or aircraft.

Section 55A

Dangerous unauthorised flying.

Section 55B

Inaccurate certificate.

Section 55C

Low flying and annoyance by flying

Section 55D

Disobedience of lawful command of captain of an aircraft.

Section 56

Offences by officers in charge of convoy

Section 57

Taking unauthorised goods on board ship

Section 58

Offences in respect of property.

Section 59

Arson

Section 60

Falsifying official documents and false declarations.

Section 61

Malingering, etc.

Section 62

Penalty for endeavouring to stir up disturbance on account of unwholesomeness of victuals or other just grounds.

Section 63

Offences in respect of papers relating to prize.

Section 64

Offences in respect of price.

Section 65

Offences in respect of persons on board a prize ship.

Section 66

Unlawful taking of ransoming a prize

Section 67

Breaking bulk on board a prize ship.

Section 68

Violation of the Act, regulations and orders.

Section 69

Offences in relation to Court-martial.

Section 70

Fraudulent entry

Section 71

Escape from custody

Section 72

Failure to assist in detention of offenders.

Section 73

Penalty for failure to attend by members of reserve forces when called up.

Section 74

Offences against good order and naval discipline

Section 75

Attempts.

Section 76

Abetment of offences.

Section 77

Civil offences

Section 78

Jurisdiction as to place and offences.

Section 79

Jurisdiction as to time

Section 80

Trial after a person ceases to be subject to naval law

PROVISIONS AS TO PUNISHMENTS

Section 81 to Section 82

Section 81

Punishments.

Section 82

Provisions as to award of punishment

ARREST

Section 83 to Section 89

Section 83

Power to issue warrants of arrest.

Section 84

Arrest without warrant.

Section 85

Procedure and conditions of naval custody.

Section 86

Investigation after arrest.

Section 87

Duty to receive or keep in custody.

Section 88

Procedure before trial.

Section 89

Provost-marshals

CHARGE

Section 90 to Section 92

Section 90

Joinder of charges.

Section 91

Acts amounting to different offences.

Section 92

Joinder of accused person

AUTHORITIES HAVING POWER TO AWARD PUNISHMENTS

Section 93 to Section 97

Section 93

Power of court-martial and commanding officers to try offences

Section 94

Power of Central Government, Chief of the Naval Staff and other officers to impose forfeiture of time or seniority

Section 95

Disciplinary Courts when may be constituted.

Section 96

Constitution and procedure of disciplinary courts.

Section 97

Constitution of courts-martial.

Procedure of courts-martial

Section 98 to Section 129

Section 98

Where courts-martial to be held.

Section 99

Trial judge advocate

Section 100

Courts-martial to be public.

Section 101

Commencement of proceedings.

Section 102

Objections to members.

Section 103

Further objections

Section 104

Administering oath or affirmation

Section 105

Arraignment.

Section 106

Opening of prosecution case.

Section 107

Calling of prosecution witness not in the original list

Section 108

Swearing of interpreter and shorthand-writer.

Section 109

Objection to interpreter or shorthand-writer.

Section 110

Swearing of witnesses.

Section 111

Plea of no case and defence of accused

Section 112

Adjournment to view

Section 113

Summing up by the trial judge advocate

Section 114

Duties of the trial judge advocate

Section 115

Duties of the court

Section 116

Retirement to consider finding

Section 117

Announcement of the finding

Section 118

Drawing up of the finding

Section 119

Evidence of character and previous convictions

Section 120

Consideration of the sentence

Section 121

Announcement of the sentence

Section 122

Adjournment

Section 123

Provisions relating to dissolution of courts-martial

Section 124

Ascertaining the opinion of the court

Section 125

Finding that the offence was committed with intent involving less degree of punishment

Section 126

Alternative findings

Section 127

Finding lesser offence proved on charge of greater offence

Section 128

Transmission of proceedings to the Judge Advocate General of the Navy

Section 129

Right of accused to copy of proceedings and sentence

Rules as to evidence

Section 130 to Section 137

Section 130

Application of the Evidence Act

Section 131

Accused competent witness for defence

Section 132

Judicial notice

Section 133

Presumption as to certain documents

Section 134

Summoning of witnesses

Section 135

Commissions for examination of witnesses

Section 136

Examination of witnesses on commission

Section 137

Power to summon and examine material witnesses

Compensation to aggrieved persons out of fine

Section 138

Power of court to pay compensation out of fine

Power of courts-martial respecting contempt, etc

Section 139 to Section 142

Section 139

Summary punishment for contempt of court person subject to naval law

Section 140

Summary punishment for contempt of court by person not subject to naval law

Section 141

Powers of court-martial when certain offences are committed by persons not subject to naval law

Section 142

Powers of courts martial and disciplinary courts in relation to proceedings under this Act

Lunacy of accused

Section 143 to Section 144

Section 143

Accused found insane during trial

Section 144

Lunacy of the accused at the time of offence

Disposal of property

Section 145 to Section 146

Section 145

Disposal of property pending trial

Section 146

Disposal of property regarding which offence is committed

EXECUTION OF SENTENCES

Section 147 to Section 159

Section 147

Form of sentence of death

Section 148

Interim custody until execution of sentence of death

Section 149

Execution of sentences of death

Section 150

Place of imprisonment and detention

Section 151

Commencement of sentence

Section 152

Imprisonment of offender already under sentence

Section 153

Change of place of confinement

Section 154

Discharge or removal of prisoners

Section 155

Time of detention in naval custody

Section 156

Removal of insane prisoners

Section 157

Naval prisons and naval detention quarters

Section 158

Execution of sentence of fine

Section 159

Power to make regulations in respect of naval prisons and detention quarters.

JUDICAIL REVIEW OF COURTS-MARTIAL PROCEEDINGS

Section 160 to Section 161

Section 160

Judicial review by the Judge Advocate General of the Navy.

Section 161

Consideration by the Chief of the Naval Staff.

MODIFICATIONS OF FINDINGS AND SENTENCES, PARDONS AND COMMUTATION REMISSION AND SUSPENSION OF SENTENCES

Section 162 to Section 164

Section 162

Petitions to the Central Government or Chief of the Naval Staff against findings or sentences

Section 163

Powers of Central Government and the Chief of the Naval Staff in respect of findings and sentences.

Section 163A

Provision relating to parole.

Section 164

Suspension of sentences.

OFFENCES IN RELATION TO COURTS-MARTIAL, DISCIPLINARY COURTS AND PRISONS

Section 165 to Section 167

Section 165

Offences by persons not subject to naval law in relation to courts-martial and disciplinary courts.

Section 166

Penalties for aiding escape or attempt to escape of prisoners and for breach of prison regulations.

Section 167

Penalty as regards gaolers, etc.

JUDGE ADVOCATE GENERAL OF THE NAVY AND OFFICERS OF HIS DEPARTMENT

Section 168 to Section 170

Section 168

Appointment of the Judge Advocate General of the Navy and his subordinate officers

Section 169

Functions of the Judge Advocate General of the Navy.

Section 170

Discharge of functions of the Judge Advocate General of the Navy in his absence.

DISPOSAL OF THE PRIVATE PROPERTY OF PERSONS DECEASED, MISSING, ETC.

Section 171 to Section 183

Section 171

Disposal of property of deceased sailors.

Section 172

Disposal of property of deceased officers.

Section 173

Decision of questions as to ship and service debts and other debts in ship or quarters.

Section 174

Nature of the powers of commanding officer or Committee of Adjustment.

Section 175

Powers of Central Government to hand over estate of deceased persons to the AdministratorGeneral.

Section 176

Disposal of surplus by prescribed persons.

Section 177

Disposal of effects not converted into money.

Section 178

Termination of liability of commanding officer, Committee, prescribed person and the Central Government.

Section 179

Saving of rights of representative.

Section 180

Application of sections 171 to 179 to persons of unsound mind.

Section 181

Appointment of Standing Committee of Adjustment in certain cases.

Section 182

Exercise of powers by other persons.

Section 183

Forfeiture of effects for absence without leave.

REGULATIONS

Section 184 to Section 185

Section 184

Power to make regulations.

Section 184A

Power to make regulations with retrospective effect

Section 185

Regulations to be laid before Parliament.

REPEALS AND SAVINGS

Section 186 to Section 187

Section 186

Repeals.

Section 187

Provisions as to existing naval forces, appointments, etc.

TRANSITORY PROVISIONS

Section 188

Power of officers of the Royal Navy.