(1)The punishments that may be inflicted under this Act shall be awarded inaccordance with the provisions of the following sub-sections.
(2)Except in the case of mutiny in time of war or on active service, the punishmentof death shall not be inflicted on any offender until the sentence has beenconfirmed by the Central Government.
(3)The punishment of imprisonment for a term exceeding two years shall in all casesbe accompanied by a sentence of dismissal with disgrace from the naval service.
(4)The punishment of imprisonment for a term not exceeding two years may in allcases be accompanied by a sentence of dismissal with disgrace or dismissal fromthe naval service:
Providedthat in the case of officers, unless the sentence of dismissal with disgrace isalso awarded, such sentence of imprisonment shall involve dismissal from thenaval service.
(5)The sentence of imprisonment may be rigorous or simple, or partly rigorous andpartly simple.
(6)The sentence of dismissal with disgrace shall involve in all cases forfeiture ofall pay, head money, bounty, salvage, prize money any allowances that have beenearned by and of all annuities, pensions, gratuities, medals and decorationsthat may have been granted to the offender and an incapacity to serve Governmentagain in a defence service, or a civil service, or to hold any post connectedwith defence or any civil post under the Government:
Providedthat the forfeiture of moneys shall not apply, except in the case of deserters,to moneys which should have been paid on the last pay day preceding conviction.
(7)The punishment of dismissal from the naval service shall in the case of personswho hold any lien on appointments in the regular Army or Air Force, involvedismissal from such army or air force service.
(8)The punishment of detention may be inflicted for any term not exceeding twoyears but no sentence of detention shall be awarded unless naval detentionquarters or army or air force detention barracks are in existence.
(9)The punishment of imprisonment or detention whether on board ship or on shoreshall, subject to the provisions of sub-section (14), involve 1 [reductionin rank], in the case of a petty officer or a person holding a leading 4 [rank],and shall in all cases be accompanied by stoppage of pay and allowances duringthe term of imprisonment or detention:
Providedthat where the punishment awarded is detention for a term not exceeding fourteendays, the sentence may direct that the punishment shall not be accompanied bystoppage of pay and allowances during the term of detention.
(10)No officer shall be subject to detention.
(11)The punishment of forfeiture of seniority shall be imposed in the substantiverank held at the date of the sentence, and shall involve a correspondingforfeiture of seniority in every higher acting rank subject always to thecondition that forfeiture of seniority in any rank shall in no case exceed theseniority in that rank at the date of the sentence.
(12)The punishment of forfeiture of seniority shall involve the loss of the benefitof service included in the seniority forfeited for the purposes of pay, pension,gratuity, promotion and such other purposes, as may be prescribed, provided thatsuch pay, pension, gratuity and promotion and other purposes depend upon suchservice.
2 [(12A) No master chief petty officer shall be subject to the punishment offorfeiture of seniority of more than twelve months.]
(13)The punishment of forfeiture of time for promotion shall delay the promotion bythe time specified,
2 [(13 A) No master chief petty officer shall be subject to the punishmentof forfeiture of time for promotion of more than twelve months.]
(14)No person shall be 3 [reduced in rank] below thelimits prescribed, or lower either actually or relatively than the 3 [rank]in which he entered or was appointed in the naval service.
(15)Mulcts of pay and allowances shall not be awarded except as provided insub-sections (16) and (17).
(16)Mulcts of pay and allowances shall be awarded in accordance with the regulationsmade under this Act on conviction of offences under Section 31.
(17)Mulcts of pay may also be awarded to make good any proved loss or damageoccasioned by the offence on which there is a conviction, and for the offence ofdrunkenness by 4 [sailors].
(18)The punishment of fine may be awarded in respect of civil offences in additionto, or in lieu of, other punishments specified in this Act.
(19)The forfeiture of moneys under clause (m) of sub-section (1) of section 81 shallnot, except in case of desertion apply to moneys which should have been paid onthe last pay day preceding conviction.
(20)All other punishments authorised by this Act may be inflicted in such manner asis heretofore in use in the naval service or as may be prescribed.
(21)Subject to the provisions of the foregoing sub-sections, where any punishment isspecified by this Act as the penalty for an offence and it is further declaredthat "such other punishment as is hereinafter mentioned" may beawarded in respect of the same offence, the expression "such otherpunishment" shall be deemed to comprise any one or more of the punishmentsinferior in degree to the specified punishment according to the scale ofpunishments laid down in sub-section (1) of section 81.
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1. Substituted for the word"disrating" and "rate" respectively by the Navy (Amdt.) Act,1982 (48 of 1982), 8.4(16-10-1982).
2. Inserted, by the Navy (Amdt.)Act, 1982 (48 of 1982), 8.4(16-10-1982).
3. Substituted for the word"disrated" and "rating", respectively, by the Navy (Amdt.)Act, 1982 (48 of 1982), 8.4(16-10-1982).
4. Substituted for the word"seamen" and "seaman" by the Navy (Amdt.) Act, 1974 (53 of1974), Section 2 (16-12-1974).