Vidhi Codex

The Navy Act, 1957

The Navy Act, 1957

Defence1957193 sections22 chapters

The Navy Act, 1957, is the primary law governing the Indian Navy’s administration, operations, and discipline. It applies to all naval personnel, including reserves and auxiliary forces, and even covers Army or Air Force members while they are on naval ships. The Act regulates recruitment, pay, and the internal legal system, specifically defining offences like mutiny and establishing courts-martial for formal trials. This law matters because it ensures military order, provides specific legal protections for sailors, and modifies certain constitutional rights to maintain the high standards required for national maritime defense.

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Chapter I PRELIMINARY →

  1. 1Short title and commencement.
  2. 2Persons subject to naval law.
  3. 3Definitions.
  4. 4Fundamental rights to apply to persons subject to naval law with modifications.

Chapter II THE NAVAL FORCES →

  1. 5Power of Central Government to raise and maintain naval forces.

Chapter III SPECIAL PROVISIONS RELATING TO DISCIPLINE IN CERTAIN CASES →

  1. 6Provision respecting discipline of persons under engagement to serve Central Government.
  2. 7Relations between the members of the Navy, Army and Air Force acting together.
  3. 8Provision respecting discipline of master of merchant vessel under convoy.

Chapter IV COMMISSIONS, APPOINTMENTS AND ENROLMENTS →

  1. 9Eligibility for appointment or enrolment.
  2. 10Commissions and appointments.
  3. 11Enrolment.
  4. 12Validity of enrolment.
  5. 13Oath of allegiance.

Chapter V CONDITIONS OF SERVICE →

  1. 14Liability for service of officers and sailors.
  2. 15Tenure of service of officers and sailors.
  3. 16Discharge on expiry of engagement.
  4. 17Provisions as to discharge.
  5. 18Saving of powers of dismissal by naval tribunals.
  6. 19Restrictions respecting right to form associations, freedom of speech, etc.

Chapter VI SERVICE PRIVILEGES →

  1. 20Immunity from attachment.
  2. 21Immunity from arrest for debt.
  3. 22Immunity of persons attending court-martial or disciplinary court from arrest.
  4. 23Remedy of aggrieved persons.
  5. 24Priority of hearing of cases concerning persons in the naval service.
  6. 25Right of the Chief of the Naval Staff or commanding officers to obtain copies of judgments or orders made by a criminal court.
  7. 26Saving of rights and privileges under other laws.

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

  1. 27Deductions from pay, etc., not to be made unless authorized.
  2. 28Deductions from pay and allowances of officers.
  3. 29Deductions from pay and allowances of sailors.
  4. 30Deductions awarded by naval tribunals.
  5. 31Liability for maintenance of wife and children.
  6. 32Limit of certain deductions.
  7. 33Remission of deductions.

Chapter VIII ARTICLES OF WAR →

  1. 34Misconduct by officers or persons in command.
  2. 35Misconduct by persons other than those in command.
  3. 36Delaying or discouraging action or service commanded.
  4. 37Penalty for disobedience in action.
  5. 38Penalty for spying.
  6. 39Correspondence, etc., with the enemy.
  7. 40Improper communication with the enemy.
  8. 41Deserting post and neglect of duty.
  9. 42Mutiny defined.
  10. 43Punishment for mutiny.
  11. 44Persons on board ships or aircraft seducing naval personnel from allegiance.
  12. 45Striking superior officers.
  13. 46Ill-treating subordinates.
  14. 47Disobedience and insubordination.
  15. 48Quarrelling, fighting and disorderly behavior.
  16. 49Desertion.
  17. 50Inducing person to desert.
  18. 51Breaking out of ship and absence without leave.
  19. 52Drunkenness.
  20. 53Uncleanness or indecent acts.
  21. 54Cruelty and conduct unbecoming the character of an officer.
  22. 55Losing ship or aircraft.
  23. 55ADangerous unauthorised flying.
  24. 55BInaccurate certificate.
  25. 55CLow flying and annoyance by flying
  26. 55DDisobedience of lawful command of captain of an aircraft.
  27. 56Offences by officers in charge of convoy
  28. 57Taking unauthorised goods on board ship
  29. 58Offences in respect of property.
  30. 59Arson
  31. 60Falsifying official documents and false declarations.
  32. 61Malingering, etc.
  33. 62Penalty for endeavouring to stir up disturbance on account of unwholesomeness of victuals or other just grounds.
  34. 63Offences in respect of papers relating to prize.
  35. 64Offences in respect of price.
  36. 65Offences in respect of persons on board a prize ship.
  37. 66Unlawful taking of ransoming a prize
  38. 67Breaking bulk on board a prize ship.
  39. 68Violation of the Act, regulations and orders.
  40. 69Offences in relation to Court-martial.
  41. 70Fraudulent entry
  42. 71Escape from custody
  43. 72Failure to assist in detention of offenders.
  44. 73Penalty for failure to attend by members of reserve forces when called up.
  45. 74Offences against good order and naval discipline
  46. 75Attempts.
  47. 76Abetment of offences.
  48. 77Civil offences
  49. 78Jurisdiction as to place and offences.
  50. 79Jurisdiction as to time
  51. 80Trial after a person ceases to be subject to naval law

Chapter IX PROVISIONS AS TO PUNISHMENTS →

  1. 81Punishments.
  2. 82Provisions as to award of punishment

Chapter X ARREST →

  1. 83Power to issue warrants of arrest.
  2. 84Arrest without warrant.
  3. 85Procedure and conditions of naval custody.
  4. 86Investigation after arrest.
  5. 87Duty to receive or keep in custody.
  6. 88Procedure before trial.
  7. 89Provost-marshals

Chapter XI CHARGE →

  1. 90Joinder of charges.
  2. 91Acts amounting to different offences.
  3. 92Joinder of accused person

Chapter XII AUTHORITIES HAVING POWER TO AWARD PUNISHMENTS →

  1. 93Power of court-martial and commanding officers to try offences
  2. 94Power of Central Government, Chief of the Naval Staff and other officers to impose forfeiture of time or seniority
  3. 95Disciplinary Courts when may be constituted.
  4. 96Constitution and procedure of disciplinary courts.
  5. 97Constitution of courts-martial.

Chapter XIII CHAPTER XIII →

  1. 98Where courts-martial to be held.
  2. 99Trial judge advocate
  3. 100Courts-martial to be public.
  4. 101Commencement of proceedings.
  5. 102Objections to members.
  6. 103Further objections
  7. 104Administering oath or affirmation
  8. 105Arraignment.
  9. 106Opening of prosecution case.
  10. 107Calling of prosecution witness not in the original list
  11. 108Swearing of interpreter and shorthand-writer.
  12. 109Objection to interpreter or shorthand-writer.
  13. 110Swearing of witnesses.
  14. 111Plea of no case and defence of accused
  15. 112Adjournment to view
  16. 113Summing up by the trial judge advocate
  17. 114Duties of the trial judge advocate
  18. 115Duties of the court
  19. 116Retirement to consider finding
  20. 117Announcement of the finding
  21. 118Drawing up of the finding
  22. 119Evidence of character and previous convictions
  23. 120Consideration of the sentence
  24. 121Announcement of the sentence
  25. 122Adjournment
  26. 123Provisions relating to dissolution of courts-martial
  27. 124Ascertaining the opinion of the court
  28. 125Finding that the offence was committed with intent involving less degree of punishment
  29. 126Alternative findings
  30. 127Finding lesser offence proved on charge of greater offence
  31. 128Transmission of proceedings to the Judge Advocate General of the Navy
  32. 129Right of accused to copy of proceedings and sentence
  33. 130Application of the Evidence Act
  34. 131Accused competent witness for defence
  35. 132Judicial notice
  36. 133Presumption as to certain documents
  37. 134Summoning of witnesses
  38. 135Commissions for examination of witnesses
  39. 136Examination of witnesses on commission
  40. 137Power to summon and examine material witnesses
  41. 138Power of court to pay compensation out of fine
  42. 139Summary punishment for contempt of court person subject to naval law
  43. 140Summary punishment for contempt of court by person not subject to naval law
  44. 141Powers of court-martial when certain offences are committed by persons not subject to naval law
  45. 142Powers of courts martial and disciplinary courts in relation to proceedings under this Act
  46. 143Accused found insane during trial
  47. 144Lunacy of the accused at the time of offence
  48. 145Disposal of property pending trial
  49. 146Disposal of property regarding which offence is committed

Chapter XIV EXECUTION OF SENTENCES →

  1. 147Form of sentence of death
  2. 148Interim custody until execution of sentence of death
  3. 149Execution of sentences of death
  4. 150Place of imprisonment and detention
  5. 151Commencement of sentence
  6. 152Imprisonment of offender already under sentence
  7. 153Change of place of confinement
  8. 154Discharge or removal of prisoners
  9. 155Time of detention in naval custody
  10. 156Removal of insane prisoners
  11. 157Naval prisons and naval detention quarters
  12. 158Execution of sentence of fine
  13. 159Power to make regulations in respect of naval prisons and detention quarters.

Chapter XV JUDICAIL REVIEW OF COURTS-MARTIAL PROCEEDINGS →

  1. 160Judicial review by the Judge Advocate General of the Navy.
  2. 161Consideration by the Chief of the Naval Staff.

Chapter XVI MODIFICATIONS OF FINDINGS AND SENTENCES, PARDONS AND COMMUTATION REMISSION AND SUSPENSION OF SENTENCES →

  1. 162Petitions to the Central Government or Chief of the Naval Staff against findings or sentences
  2. 163Powers of Central Government and the Chief of the Naval Staff in respect of findings and sentences.
  3. 163AProvision relating to parole.
  4. 164Suspension of sentences.

Chapter XVII OFFENCES IN RELATION TO COURTS-MARTIAL, DISCIPLINARY COURTS AND PRISONS →

  1. 165Offences by persons not subject to naval law in relation to courts-martial and disciplinary courts.
  2. 166Penalties for aiding escape or attempt to escape of prisoners and for breach of prison regulations.
  3. 167Penalty as regards gaolers, etc.

Chapter XVIII JUDGE ADVOCATE GENERAL OF THE NAVY AND OFFICERS OF HIS DEPARTMENT →

  1. 168Appointment of the Judge Advocate General of the Navy and his subordinate officers
  2. 169Functions of the Judge Advocate General of the Navy.
  3. 170Discharge 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. →

  1. 171Disposal of property of deceased sailors.
  2. 172Disposal of property of deceased officers.
  3. 173Decision of questions as to ship and service debts and other debts in ship or quarters.
  4. 174Nature of the powers of commanding officer or Committee of Adjustment.
  5. 175Powers of Central Government to hand over estate of deceased persons to the AdministratorGeneral.
  6. 176Disposal of surplus by prescribed persons.
  7. 177Disposal of effects not converted into money.
  8. 178Termination of liability of commanding officer, Committee, prescribed person and the Central Government.
  9. 179Saving of rights of representative.
  10. 180Application of sections 171 to 179 to persons of unsound mind.
  11. 181Appointment of Standing Committee of Adjustment in certain cases.
  12. 182Exercise of powers by other persons.
  13. 183Forfeiture of effects for absence without leave.

Chapter XX REGULATIONS →

  1. 184APower to make regulations with retrospective effect
  2. 185Regulations to be laid before Parliament.

Chapter XXI REPEALS AND SAVINGS →

  1. 186Repeals.
  2. 187Provisions as to existing naval forces, appointments, etc.

Chapter XXII TRANSITORY PROVISIONS →

  1. 188Power of officers of the Royal Navy.

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