Act Text
Preamble1 - Navy Act, 1957
Section1 - SHORT TITLE AND COMMENCEMENT
Section2 - PERSONS SUBJECT TO NAVAL LAW
Section3 - DEFINITIONS - In this Act, unless the context otherwise requires,
Section4 - FUNDAMENTAL RIGHTS TO APPLY TO PERSONS SUBJECT TO NAVAL LAW WITH MODIFICATIONS The rights conferred by Part III of the
Section5 - POWER OF CENTRAL GOVERNMENT TO RAISE AND MAINTAIN NAVAL FORCES The Central Government may raise and maintain a regular
Section6 - PROVISION RESPECTING DISCIPLINE OF PERSONS UNDER ENGAGEMENT TO SERVE CENTRAL GOVERNMENT
Section7 - RELATIONS BETWEEN THE MEMBERS OF THE NAVY, ARMY AND AIR FORCE ACTING TOGETHER
Section8 - PROVISION RESPECTING DISCIPLINE OF MASTER OF MERCHANT VESSEL UNDER CONVOY
Section9 - ELIGIBILITY FOR APPOINTMENT OR ENROLMENT
Section10 - COMMISSIONS AND APPOINTMENTS
Section11 - ENROLMENT
Section12 - VALIDITY OF ENROLMENT Where a person after his enrolment has for a period of three months from the date of such
Section13 - OATH OF ALLEGIANCE Every officer and every11[sailor] shall, as soon as may be, after appointment or enrolment make and
Section14 - LIABILITY FOR SERVICE OF OFFICERS AND 12 [SAILORS]
Section15 - TENURE OF SERVICE OF OFFICERS AND 13[SAILORS]
Section16 - DISCHARGE ON EXPIRY OF ENGAGEMENT Subject to the provisions of section 18-, a15[sailor] shall be entitled to be
Section17 - PROVISIONS AS TO DISCHARGE
Section18 - SAVING OF POWERS OF DISMISSAL BY NAVAL TRIBUNALS. Nothing in this Chapter shall affect the award by a naval tribunal of
Section19 - RESTRICTIONS RESPECTING RIGHT TO FORM ASSOCIATIONS, FREEDOM OF SPEECH, ETC
Section19A - REINSTATEMENT OF PERSONS BELONGING TO THE INDIAN NAVAL RESERVE FORCES ON TERMINATION OF PERIOD OF TRAINING OR ACTUAL
Section19B - PRESERVATION OF SERVICE RIGHTS BELONGING TO THE INDIAN NAVAL RESERVE FORCES WHEN CALLED UP FOR TRAINING OR ACTUAL
Section20 - IMMUNITY FROM ATTACHMENT -The arms, clothes, equipments, accoutrements or necessaries of any person in the naval
Section21 - IMMUNITY FROM ARREST FOR DEBT
Section22 - IMMUNITY OF PERSONS ATTENDING COURT-MARTIAL OR DISCIPLINARY COURT FROM ARREST
Section23 - REMEDY OF AGGRIEVED PERSONS
Section24 - PRIORITY OF HEARING OF CASES CONCERNING PERSONS IN THE NAVAL SERVICE
Section25 - RIGHT OF THE CHIEF OF THE NAVAL STAFF OR COMMANDING OFFICERS TO OBTAIN COPIES OF JUDGMENTS OR ORDERS MADE BY A CRIMINAL
Section26 - SAVING OF RIGHTS AND PRIVILEGES UNDER OTHER LAWS The rights and privileges specified in the preceding sections of this
Section27 - DEDUCTIONS FROM PAY, ETC., NOT TO BE MADE UNLESS AUTHORISED No deductions other than those authorised by or under this
Section28 - DEDUCTIONS FROM PAY AND ALLOWANCES OF OFFICERS - The following deductions may be made from the pay and allowances of an
Section29 - DEDUCTIONS FROM PAY AND ALLOWANCES OF A[SAILORS] - The following deductions may be made from the pay and allowances of
Section30 - DEDUCTIONS AWARDED BY NAVAL TRIBUNALS Deductions may be made from the pay and allowances of an officer or21[sailor] in
Section31 - LIABILITY FOR MAINTENANCE OF WIFE AND CHILDREN
Section32 - LIMIT OF CERTAIN DEDUCTIONS Except when the deductions are made under sub-section
Section33 - REMISSION OF DEDUCTIONS
Section34 - MISCONDUCT BY OFFICERS OR PERSONS IN COMMAND - Every flag officer, captain or other person subject to naval law who,
Section35 - MISCONDUCT BY PERSONS OTHER THAN THOSE IN COMMAND - Every person subject to naval law who, not being in command of any
Section36 - DELAYING OR DISCOURAGING ACTION OR SERVICE COMMANDED - Every person subject to naval law who wilfully delays or
Section37 - PENALTY FOR DISOBEDIENCE IN ACTION - Every person subject to naval law who, being in the presence or vicinity of the
Section38 - PENALTY FOR SPYING Every person not otherwise subject to naval law who is or acts as a spy for the enemy shall be
Section39 - CORRESPONDENCE, ETC., WITH THE ENEMY - Every person subject to naval law, who,
Section40 - IMPROPER COMMUNICATION WITH THE ENEMY Every person subject to naval law who without any traitorous intention holds any
Section41 - DESERTING POST AND NEGLECT OF DUTY - Every person subject to naval law, who,
Section42 - MUTINY DEFINED - Mutiny means any assembly or combination of two or more persons subject to naval law, the Army Act,
Section43 - PUNISHMENT FOR MUTINY - Every person subject to naval law, who,
Section44 - PERSONS ON BOARD SHIPS OR AIRCRAFT SEDUCING NAVAL PERSONNEL FROM ALLEGIANCE Every person not otherwise subject to naval
Section45 - STRIKING SUPERIOR OFFICERS - Every person subject to naval law who commits any of the following offences, that is to
Section46 - ILL-TREATING SUBORDINATES Every person subject to naval law who is guilty of ill- treating any other person subject to
Section47 - DISOBEDIENCE AND INSUBORDINATION - Every person subject to naval law, who,
Section48 - QUARRELLING, FIGHTING AND DISORDERLY BEHAVIOUR - Every person subject to naval law who,
Section49 - DESERTION
Section50 - INDUCING PERSON TO DESERT Every person subject to naval law who endeavours to seduce any other person subject to naval
Section51 - BREAKING OUT OF SHIP AND ABSENCE WITHOUT LEAVE Every person subject to naval law who without being guilty of desertion
Section52 - DRUNKENNESS -28 [
Section53 - UNCLEANNESS OR INDECENT ACTS - Every person subject to naval law who is guilty of,
Section54 - CRUELTY AND CONDUCT UNBECOMING THE CHARACTER OF AN OFFICER
Section55 - LOSING SHIP OR AIRCRAFT
Section55B - INACCURATE CERTIFICATE Every person subject to naval law who signs any certificate in relation to an aircraft or
Section55C - LOW FLYING AND ANNOYANCE BY FLYING Every person subject to naval law being the pilot of an aircraft of the Indian Navy,
Section55D - DISOBEDIENCE OF LAWFUL COMMAND OF CAPTAIN OF AN AIRCRAFT Every person subject to naval law, who while he is in an
Section56 - OFFENCES BY OFFICERS IN CHARGE OF CONVOY
Section57 - TAKING UNAUTHORISED GOODS ON BOARD SHIP Every officer subject to naval law in command of any ship of the Indian Navy
Section58 - OFFENCES IN RESPECT OF PROPERTY Every person subject to naval law who wastefully expends or fraudulently buys, sells or
Section59 - ARSON Every person subject to naval law who unlawfully sets fire to any dockyard, victualling yard or steam factory
Section60 - FALSIFYING OFFICIAL DOCUMENTS AND FALSE DECLARATIONS - Every person subject to naval law
Section61 - MALINGERING, ETC - Every person subject to naval law
Section62 - PENALTY FOR ENDEAVOURING TO STIR UP DISTURBANCE ON ACCOUNT OF UNWHOLESOMENESS OF VICTUALS OR OTHER JUST GROUNDS Every
Section63 - OFFENCES IN RESPECT OF PAPERS RELATING TO PRIZE
Section64 - OFFENCES IN RESPECT OF PRIZE Every person subject to naval law who takes out of any prize or ship seized for prize, any
Section65 - OFFENCES IN RESPECT OF PERSONS ON BOARD A PRIZE SHIP Every person subject to naval law who in any sort pillages, beats,
Section66 - UNLAWFUL TAKING OR RANSOMING A PRIZE - Every commanding officer of a ship of the. Indian Navy subject to naval law,
Section67 - BREAKING BULK ON BOARD A PRIZE SHIP Every person subject to naval law who breaks bulk on board any vessel taken as
Section68 - VIOLATION OF THE ACT, REGULATIONS AND ORDERS Every person subject to naval law who neglects to obey or contravenes any
Section69 - OFFENCES IN RELATION TO COURT-MARTIAL - Every person subject to naval law, who,
Section70 - FRAUDULENT ENTRY Every person who upon entry into or offering himself to enter the naval service wilfully makes or
Section71 - ESCAPE FROM CUSTODY Every person subject to naval law who being in lawful custody escapes or attempts to escape from
Section72 - FAILURE TO ASSIST IN DETENTION OF OFFENDERS - Every person subject to naval law, who,
Section73 - PENALTY FOR FAILURE TO ATTEND BY MEMBERS OF RESERVE FORCES WHEN CALLED UP Every member of the Indian Naval Reserve
Section74 - OFFENCES AGAINST GOOD ORDER AND NAVAL DISCIPLINE Every person subject to naval law who is guilty of an act, disorder,
Section75 - ATTEMPTS Every person subjected to naval law who attempts to commit any of the offences specified in sections
Section76 - ABETMENT OF OFFENCES Any person subject to naval law who abets the commission of any of the offences specified in
Section77 - CIVIL OFFENCES
Section78 - JURISDICTION AS TO PLACE AND OFFENCES
Section79 - JURISDICTION AS TO TIME No person unless he is an offender who has avoided apprehension or fled from justice or
Section80 - TRIAL AFTER A PERSON CEASES TO BE SUBJECT TO NAVALLAW When any offence mentioned in this Chapter has been committed by
Section81 - PUNISHMENTS
Section82 - PROVISIONS AS TO AWARD OF PUNISHMENT
Section83 - POWER TO ISSUE WARRANTS OF ARREST
Section84 - ARREST WITHOUT WARRANT
Section85 - PROCEDURE AND CONDITIONS OF NAVAL CUSTODY
Section86 - INVESTIGATION AFTER ARREST The charge made against any person subject to naval law taken into custody shall without any
Section87 - DUTY TO RECEIVE OR KEEP IN CUSTODY
Section88 - PROCEDURE BEFORE TRIAL Subject to the provisions of this Act the procedure before trial and the manner of investigation
Section89 - PROVOST-MARSHALS
Section90 - JOINDER OF CHARGES For every distinct offence of which any person is accused, there shall be a separate charge but
Section91 - ACTS AMOUNTING TO DIFFERENT OFFENCES If a single act or series of acts is of such a nature that it is doubtful which of
Section92 - JOINDER OF ACCUSED PERSON - The following persons may be charged and tried together, namely
Section93 - POWER OF COURT-MARTIAL AND COMMANDING OFFICERS TO TRY OFFENCES
Section94 - POWER OF CENTRAL GOVERNMENT, CHIEF OF THE NAVAL STAFF AND OTHER OFFICERS TO IMPOSE FORFEITURE OF TIME OR SENIORITY
Section95 - DISCIPLINARY COURTS WHEN MAY BE CONSTITUTED When an officer is, in time of war or during active service, alleged to
Section96 - CONSTITUTION AND PROCEDURE OF DISCIPLINARY COURTS
Section97 - CONSTITUTION OF COURTS-MARTIAL
Section98 - WHERE COURTS-MARTIAL TO BE HELD A court-martial may be held ashore or afloat
Section99 - TRIAL JUDGE ADVOCATE
Section100 - COURTS-MARTIAL TO BE PUBLIC The place in which a court-martial is held for the purpose of trying an offence under this
Section101 - COMMENCEMENT OF PROCEEDINGS
Section102 - OBJECTIONS TO MEMBERS - The following provisions shall apply to the disposal of objections raised by the prosecutor as
Section103 - FURTHER OBJECTIONS
Section104 - ADMINISTERING OATH OR AFFIRMATION
Section105 - ARRAIGNMENT
Section106 - OPENING OF PROSECUTION CASE
Section107 - CALLING OF PROSECUTION WITNESS NOT IN THE ORIGINAL LIST No witness whose name was not included in the original list of
Section108 - SWEARING OF INTERPRETER AND SHORTHAND-WRITER
Section109 - OBJECTION TO INTERPRETER OR SHORTHAND-WRITER
Section110 - SWEARING OF WITNESSES
Section111 - PLEA OF NO CASE AND DEFENCE OF ACCUSED
Section112 - ADJOURNMENT TO VIEW
Section113 - SUMMING UP BY THE TRIAL JUDGE ADVOCATE When the case for the defence and the prosecutor's reply, if any, are concluded,
Section114 - DUTIES OF THE TRIAL JUDGE ADVOCATE
Section115 - DUTIES OF THE COURT It is the duty of the court to decide which view of the facts is true and then arrive at the
Section116 - RETIREMENT TO CONSIDER FINDING
Section117 - ANNOUNCEMENT OF THE FINDING
Section118 - DRAWING UP OF THE FINDING
Section119 - EVIDENCE OF CHARACTER AND PREVIOUS CONVICTIONS
Section120 - CONSIDERATION OF THE SENTENCE
Section121 - ANNOUNCEMENT OF THE SENTENCE
Section122 - ADJOURNMENT
Section123 - PROVISIONS RELATING TO DISSOLUTION OF COURT-MARTIAL
Section124 - ASCERTAINING THE OPINION OF THE COURT
Section125 - FINDING THAT THE OFFENCE WAS COMMITTED WITH INTENT INVOLVING LESS DEGREE OF PUNISHMENT Where the amount of punishment
Section126 - ALTERNATIVE FINDINGS If the accused is charged with one offence and it appears in evidence that he committed a
Section127 - FINDING LESSER OFFENCE PROVED ON CHARGE OF GREATER OFFENCE
Section128 - TRANSMISSION OF PROCEEDINGS TO THE JUDGE ADVOCATE-GENERAL OF THE NAVY The trial Judge advocate shall transmit in
Section129 - RIGHT OF ACCUSED TO COPY OF PROCEEDINGS AND SENTENCE Every person tried by a court-martial and convicted shall be
Section130 - APPLICATION OF THE EVIDENCE ACT Subject to the provisions of this Act, the Indian Evidence Act, 1872, shall apply to
Section131 - ACCUSED COMPETENT WITNESS FOR DEFENCE A person of an offence before a court- martial shall be a competent witness for
Section132 - JUDICIAL NOTICE A court-martial may take judicial notice of any matter within the general naval, army or air force
Section133 - PRESUMPTION AS TO CERTAIN DOCUMENTS
Section134 - SUMMONING OF WITNESSES
Section135 - COMMISSIONS FOR EXAMINATION OF WITNESSES
Section136 - EXAMINATION OF WITNESSES ON COMMISSION
Section137 - POWER TO SUMMON AND EXAMINE MATERIAL WITNESSES
Section138 - POWER OF COURT TO PAY COMPENSATION OUT OF FINE
Section139 - SUMMARY PUNISHMENT FOR CONTEMPT OF COURT BY PERSON SUBJECT TO NAVAL LAW When any person subject to naval law commits
Section140 - SUMMARY PUNISHMENT FOR CONTEMPT OF COURT BY PERSON NOT SUBJECT TO NAVAL LAW When any person not subject to naval law
Section141 - POWERS OF COURT-MARTIAL WHEN CERTAIN OFFENCES ARE COMMITTED BY PERSONS NOT SUBJECT TO NAVAL LAW When any such offence
Section142 - POWERS OF COURTS MARTIAL AND DISCIPLINARY COURTS IN RELATION TO PROCEEDINGS UNDER THIS ACT Any trial by a court-martial
Section143 - ACCUSED FOUND INSANE DURING TRIAL
Section144 - LUNACY OF THE ACCUSED AT THE TIME OF OFFENCE
Section145 - DISPOSAL OF PROPERTY PENDING TRIAL When any property regarding which an offence appears to have been committed or which
Section146 - DISPOSAL OF PROPERTY REGARDING WHICH OFFENCE IS COMMITTED
Section147 - FORM OF SENTENCE OF DEATH In awarding a sentence of death, a court-martial shall in its discretion direct that the
Section148 - INTERIM CUSTODY UNTIL EXECUTION OF SENTENCE OF DEATH A person sentenced to death may be detained in naval custody or
Section149 - EXECUTION OF SENTENCES OF DEATH
Section150 - PLACE OF IMPRISONMENT AND DETENTION
Section151 - COMMENCEMENT OF SENTENCE
Section152 - IMPRISONMENT OF OFFENDER ALREADY UNDER SENTENCE Whenever a sentence shall be passed by a court-martial on an offender
Section153 - CHANGE OF PLACE OF CONFINEMENT Whenever it is deemed expedient, it shall be lawful for the Central Government, the
Section154 - DISCHARGE OR REMOVAL OF PRISONERS Whenever any offender is undergoing imprisonment or detention in pursuance of this
Section155 - TIME OF DETENTION IN NAVAL CUSTODY The time during which any offender under sentence of imprisonment or detention is
Section156 - REMOVAL OF INSANE PRISONERS If any person imprisoned or undergoing detention by virtue of this Act shall become insane,
Section157 - NAVAL PRISONS AND NAVAL DETENTION QUARTERS The Central Government may set apart any buildings or vessels or any parts
Section158 - EXECUTION OF SENTENCE OF FINE When a sentence of fine is imposed under this Act by a court-martial or disciplinary
Section159 - POWER TO MAKE REGULATIONS IN RESPECT OF NAVAL PRISONS AND DETENTION QUARTERS
Section160 - JUDICIAL REVIEW BY THE JUDGE ADVOCATE GENERAL OF THE NAVY
Section161 - CONSIDERATION BY THE CHIEF OF THE NAVAL STAFF
Section162 - PETITIONS TO THE CENTRAL GOVERNMENT OR CHIEF OF THE NAVAL STAFF AGAINST FINDINGS OR SENTENCES Any person subject to
Section163 - POWERS OF CENTRAL GOVERNMENT AND THE CHIEF OF THE NAVAL STAFF IN RESPECT OF FINDINGS AND SENTENCES
Section164 - SUSPENSION OF SENTENCES
Section165 - OFFENCES BY PERSONS NOT SUBJECT TO NAVAL LAW IN RELATION TO COURTS-MARTIAL AND DISCIPLINARY COURT - Every person not
Section166 - PENALTIES FOR AIDING ESCAPE OR ATTEMPT TO ESCAPE OF PRISONERS AND FOR BREACH OF PRISON REGULATIONS
Section167 - PENALTY AS REGARDS GAOLERS, ETC Every governor, gaoler, and keeper of any prison, gaol, or house of correction or of
Section168 - APPOINTMENT OF THE JUDGE ADVOCATE GENERAL OF THE NEVY AND HIS SUBORDINATE OFFICERS
Section169 - FUNCTIONS OF THE JUDGE ADVOCATE GENERAL OF THE NAVY It shall be the duty of the Judge Advocate General of the Navy to
Section170 - DISCHARGE OF FUNCTIONS OF THE JUDGE ADVOCATE GENERAL OF THE NAVY IN HIS ABSENCE The functions of the Judge Advocate
Section171 - DISPOSAL OF PROPERTY OF DECEASED 59 [SAILORS]
Section172 - DISPOSAL OF PROPERTY OF DECEASED OFFICERS - The provisions of section 171-shall also apply to the disposal of the
Section173 - DECISION OF QUESTIONS AS TO SHIP AND SERVICE DEBTS AND OTHER DEBTS IN SHIP OR QUARTERS If in any case a doubt or
Section174 - NATURE OF THE POWERS OF COMMANDING OFFICER OR COMMITTEE OF ADJUSTMENT For the purpose of the exercise of his or its
Section175 - POWERS OF CENTRAL GOVERNMENT TO HAND OVER ESTATE OF DECEASED PERSONS TO THE ADMINISTRATOR-GENERAL
Section176 - DISPOSAL OF SURPLUS BY PRESCRIBED PERSONS - On receipt of the surplus referred to in sub-section
Section177 - DISPOSAL OF EFFECTS NOT CONVERTED INTO MONEY Where any part of the estate of a deceased officer or63[sailor] consists
Section178 - TERMINATION OF LIABILITY OF COMMANDING OFFICER, COMMITTEE, PRESCRIBED PERSON AND THE CENTRAL GOVERNMENT Any payment or
Section179 - SAVING OF RIGHTS OF REPRESENTATIVE Nothing in this Chapter shall affect the rights and duties of the representative of
Section180 - APPLICATION OF SECTIONS 171 TO 179 TO PERSONS OF UNSOUND MIND The provisions of sections 171-to179-shall, so far as
Section181 - APPOINTMENT OF STANDING COMMITTEE OF ADJUSTMENT IN CERTAIN CASES When an officer while subject to naval law dies or is
Section182 - EXERCISE OF POWERS BY OTHER PERSONS -The functions and powers of the commanding officer in this Chapter may in any case
Section183 - FORFEITURE OF EFFECTS FOR ABSENCE WITHOUT LEAVE If any person subject to naval law is absent without leave for a period
Section184 - POWER TO MAKE REGULATIONS
Section184A - POWER TO MAKE REGULATIONS WITH RETROSPECTIVE EFFECT The power to make regulations conferred by this Act shall include
Section185 - REGULATIONS TO BE LAID BEFORE PARLIAMENT Every regulation made under this Act shall be laid, as soon as may be after it
Section186 - REPEALS [Repealed by the Repealing and Amending Act, 1960
Section187 - PROVISIONS AS TO EXISTING NAVAL FORCES, APPOINTMENTS, ETC
Section188 - POWERS OF OFFICERS OF THE ROYAL NAVY
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