Contents: |
Title |
The Navy Act, 1957 |
Sections: |
Particulars: |
Chapter I |
Preliminary Sections |
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 |
Chapter II |
The Naval Forces |
5. |
Power of Central Government to raise and maintain naval forces |
Chapter III |
Special Provisions Relating to Discipline In Certain Cases |
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 |
Chapter IV |
Commissions, Appointments and Enrolments |
9. |
Eligibility for appointment or enrolment |
10. |
Commissions and appointments |
11. |
Enrolment |
12. |
Validity of enrolment |
13. |
Oath of allegiance |
Chapter V |
Conditions of Service |
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 |
Chapter VI |
Service Privileges |
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 |
Chapter VII |
Provisions as to Pay, Pension, Etc., and Maintenance of Families |
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 |
Chapter VIII |
Articles of War |
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 |
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 |
Chapter IX |
Provisions as to Punishments |
81. |
Punishments |
82. |
Provisions as to award of punishment |
Chapter X |
Arrest |
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 |
Chapter XI |
Charge |
90. |
Joinder of charges |
91. |
Acts amounting to different offences |
92. |
Joinder of accused person |
Chapter XII |
Authorities Having Power to Award Punishments |
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 |
Chapter XIII |
Procedure |
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 |
Chapter XIV |
Execution of Sentences |
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 |
Chapter XV |
Judicail Review of Courts-Martial Proceedings |
160. |
Judicial review by the Judge Advocate General of the Navy |
161. |
Consideration by the Chief of the Naval Staff |
Chapter XVI |
Modifications of Findings and Sentences, Pardons and Commutation Remission and Suspension of Sentences |
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 |
164. |
Suspension of sentences |
Chapter XVII |
Offences in Relation to Courts-Martial, Disciplinary Courts and Prisons |
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 |
Chapter XVIII |
Judge Advocate General of The Navy and Officers of His Department |
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 |
Chapter XIX |
Disposal of the Private Property of Persons Deceased, Missing, Etc |
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 |
Chapter XX |
Regulations |
184. |
Power to make regulations |
184A. |
Power to make regulations with retrospective effect |
185. |
Regulations to be laid before Parliament |
Chapter XXI |
Repeals and Savings |
186. |
Repeals |
187. |
Provisions as to existing naval forces, appointments, etc |
Chapter XXII |
Transitory Provisions |
188. |
Power of officers of the Royal Navy |