The NAVY ACT, 1957

PRELIMINARY

Section 1 — Short title and commencement.

(1) This Act may be called the Navy Act, 1957.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Browse all 189 sections
  1. 1.Short title and commencement.
  2. 2.Persons subject to naval law.
  3. 3.Definitions.
  4. 4.Fundamental rights to apply to persons subject to naval law with modifications.
  5. 5.Power of Central Government to raise and maintain naval forces.
  6. 6.Provision respecting discipline of persons under engagement to serve Central Government.
  7. 7.Relations between the members of the Navy, Army and Air Force acting together.
  8. 8.Provision respecting discipline of master of merchant vessel under convoy.
  9. 9.Eligibility for appointment or enrolment.
  10. 10.Commissions and appointments.
  11. 11.Enrolment.
  12. 12.Validity of enrolment.
  13. 13.Oath of allegiance.
  14. 14.Liability for service of officers and sailors.
  15. 15.Tenure of service of officers and sailors.
  16. 16.Discharge on expiry of engagement.
  17. 17.Provisions as to discharge.
  18. 18.Saving of powers of dismissal by naval tribunals.
  19. 19.Restrictions respecting right to form associations, freedom of speech, etc.
  20. 20.Immunity from attachment.
  21. 21.Immunity from arrest for debt.
  22. 22.Immunity of persons attending court-martial or disciplinary court from arrest.
  23. 23.Remedy of aggrieved persons.
  24. 24.Priority of hearing of cases concerning persons in the naval service.
  25. 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. 26.Saving of rights and privileges under other laws.
  27. 27.Deductions from pay, etc., not to be made unless authorized.
  28. 28.Deductions from pay and allowances of officers.
  29. 29.Deductions from pay and allowances of sailors.
  30. 30.Deductions awarded by naval tribunals.
  31. 31.Liability for maintenance of wife and children.
  32. 32.Limit of certain deductions.
  33. 33.Remission of deductions.
  34. 34.Misconduct by officers or persons in command.
  35. 35.Misconduct by persons other than those in command.
  36. 36.Delaying or discouraging action or service commanded.
  37. 37.Penalty for disobedience in action.
  38. 38.Penalty for spying.
  39. 39.Correspondence, etc., with the enemy.
  40. 40.Improper communication with the enemy.
  41. 41.Deserting post and neglect of duty.
  42. 42.Mutiny defined.
  43. 43.Punishment for mutiny.
  44. 44.Persons on board ships or aircraft seducing naval personnel from allegiance.
  45. 45.Striking superior officers.
  46. 46.Ill-treating subordinates.
  47. 47.Disobedience and insubordination.
  48. 48.Quarrelling, fighting and disorderly behavior.
  49. 49.Desertion.
  50. 50.Inducing person to desert.
  51. 51.Breaking out of ship and absence without leave.
  52. 52.Drunkenness.
  53. 53.Uncleanness or indecent acts.
  54. 54.Cruelty and conduct unbecoming the character of an officer.
  55. 55.Losing ship or aircraft.
  56. 56.Offences by officers in charge of convoy.
  57. 57.Taking unauthorised goods on board ship.
  58. 58.Offences in respect of property.
  59. 59.Arson.
  60. 60.Falsifying official documents and false declarations.
  61. 61.Malingering, etc.
  62. 62.Penalty for endeavouring to stir up disturbance on account of unwholesomeness of victuals or other just grounds.
  63. 63.Offences in respect of papers relating to prize.
  64. 64.Offences in respect of price.
  65. 65.Offences in respect of persons on board a prize ship.
  66. 66.Unlawful taking of ransoming a prize.
  67. 67.Breaking bulk on board a prize ship.
  68. 68.Violation of the Act, regulations and orders.
  69. 69.Offences in relation to Court-martial.
  70. 70.Fraudulent entry.
  71. 71.Escape from custody.
  72. 72.Failure to assist in detention of offenders.
  73. 73.Penalty for failure to attend by members of reserve forces when called up.
  74. 74.Offences against good order and naval discipline.
  75. 75.Attempts.
  76. 76.Abetment of offences.
  77. 77.Civil offences.
  78. 78.Jurisdiction as to place and offences.
  79. 79.Jurisdiction as to time.
  80. 80.Trial after a person ceases to be subject to naval law.
  81. 81.Punishments.
  82. 82.Provisions as to award of punishment.
  83. 83.Power to issue warrants of arrest.
  84. 84.Arrest without warrant.
  85. 85.Procedure and conditions of naval custody.
  86. 86.Investigation after arrest.
  87. 87.Duty to receive or keep in custody.
  88. 88.Procedure before trial.
  89. 89.Provost-marshals.
  90. 90.Joinder of charges.
  91. 91.Acts amounting to different offences.
  92. 92.Joinder of accused person.
  93. 93.Power of court-martial and commanding officers to try offences.
  94. 94.Power of Central Government, Chief of the Naval Staff and other officers to impose forfeiture of time or seniority.
  95. 95.Disciplinary Courts when may be constituted.
  96. 96.Constitution and procedure of disciplinary courts.
  97. 97.Constitution of courts-martial.
  98. 98.Where courts-martial to be held.
  99. 99.Trial judge advocate.
  100. 100.Courts-martial to be public.
  101. 101.Commencement of proceedings.
  102. 102.Objections to members.
  103. 103.Further objections.
  104. 104.Administering oath or affirmation.
  105. 105.Arraignment.
  106. 106.Opening of prosecution case.
  107. 107.Calling of prosecution witness not in the original list.
  108. 108.Swearing of interpreter and shorthand-writer.
  109. 109.Objection to interpreter or shorthand-writer.
  110. 110.Swearing of witnesses.
  111. 111.Plea of no case and defence of accused.
  112. 112.Adjournment to view.
  113. 113.Summing up by the trial judge advocate.
  114. 114.Duties of the trial judge advocate.
  115. 115.Duties of the court.
  116. 116.Retirement to consider finding.
  117. 117.Announcement of the finding.
  118. 118.Drawing up of the finding.
  119. 119.Evidence of character and previous convictions.
  120. 120.Consideration of the sentence.
  121. 121.Announcement of the sentence.
  122. 122.Adjournment.
  123. 123.Provisions relating to dissolution of courts-martial.
  124. 124.Ascertaining the opinion of the court.
  125. 125.Finding that the offence was committed with intent involving less degree of punishment.
  126. 126.Alternative findings.
  127. 127.Finding lesser offence proved on charge of greater offence.
  128. 128.Transmission of proceedings to the Judge Advocate General of the Navy.
  129. 129.Right of accused to copy of proceedings and sentence.
  130. 130.Application of the Evidence Act.
  131. 131.Accused competent witness for defence.
  132. 132.Judicial notice.
  133. 133.Presumption as to certain documents.
  134. 134.Summoning of witnesses.
  135. 135.Commissions for examination of witnesses.
  136. 136.Examination of witnesses on commission.
  137. 137.Power to summon and examine material witnesses.
  138. 138.Power of court to pay compensation out of fine.
  139. 139.Summary punishment for contempt of court person subject to naval law.
  140. 140.Summary punishment for contempt of court by person not subject to naval law.
  141. 141.Powers of court-martial when certain offences are committed by persons not subject to naval law.
  142. 142.Powers of courts martial and disciplinary courts in relation to proceedings under this Act.
  143. 143.Accused found insane during trial.
  144. 144.Lunacy of the accused at the time of offence.
  145. 145.Disposal of property pending trial.
  146. 146.Disposal of property regarding which offence is committed.
  147. 147.Form of sentence of death.
  148. 148.Interim custody until execution of sentence of death.
  149. 149.Execution of sentences of death.
  150. 150.Place of imprisonment and detention.
  151. 151.Commencement of sentence.
  152. 152.Imprisonment of offender already under sentence.
  153. 153.Change of place of confinement.
  154. 154.Discharge or removal of prisoners.
  155. 155.Time of detention in naval custody.
  156. 156.Removal of insane prisoners.
  157. 157.Naval prisons and naval detention quarters.
  158. 158.Execution of sentence of fine.
  159. 159.Power to make regulations in respect of naval prisons and detention quarters.
  160. 160.Judicial review by the Judge Advocate General of the Navy.
  161. 161.Consideration by the Chief of the Naval Staff.
  162. 162.Petitions to the Central Government or Chief of the Naval Staff against findings or sentences.
  163. 163.Powers of Central Government and the Chief of the Naval Staff in respect of findings and sentences.
  164. 164.Suspension of sentences.
  165. 165.Offences by persons not subject to naval law in relation to courts-martial and disciplinary courts.
  166. 166.Penalties for aiding escape or attempt to escape of prisoners and for breach of prison regulations.
  167. 167.Penalty as regards gaolers, etc.
  168. 168.Appointment of the Judge Advocate General of the Navy and his subordinate officers.
  169. 169.Functions of the Judge Advocate General of the Navy.
  170. 170.Discharge of functions of the Judge Advocate General of the Navy in his absence.
  171. 171.Disposal of property of deceased sailors.
  172. 172.Disposal of property of deceased officers.
  173. 173.Decision of questions as to ship and service debts and other debts in ship or quarters.
  174. 174.Nature of the powers of commanding officer or Committee of Adjustment.
  175. 175.Powers of Central Government to hand over estate of deceased persons to the Administrator- General.
  176. 176.Disposal of surplus by prescribed persons.
  177. 177.Disposal of effects not converted into money.
  178. 178.Termination of liability of commanding officer, Committee, prescribed person and the Central Government.
  179. 179.Saving of rights of representative.
  180. 180.Application of sections 171 to 179 to persons of unsound mind.
  181. 181.Appointment of Standing Committee of Adjustment in certain cases.
  182. 182.Exercise of powers by other persons.
  183. 183.Forfeiture of effects for absence without leave.
  184. 184.Power to make regulations.
  185. 184A.Power to make regulations with retrospective effect.
  186. 185.Regulations to be laid before Parliament.
  187. 186.Repeals.
  188. 187.Provisions as to existing naval forces, appointments, etc.
  189. 188.Power of officers of the Royal Navy.