Chapter VIII ARTICLES OF WAR

1[34. Misconduct by officers or persons in command.--Every flag officer, captain or other person subject to naval law who, being in command of any ship, vessel or aircraft of the Indian Navy, or any naval establishment--

1. (a) fails to use his utmost exertions to bring into action any such ship, vessel or aircraft which it is his duty to bring into action; or
2. (b) surrenders any such ship, vessel or aircraft to the enemy when it is capable of being successfully defended or destroyed; or
3. (c) fails to pursue the enemy whom it is his duty to pursue or to assist to the utmost of his ability any friend whom it is his duty to assist; or
4. (d) in the course of any action by or against the enemy improperly withdraws from the action or from his station or fails in his own person and according to his rank to encourage the persons under his command to fight courageously; or
5. (e) surrenders any such naval establishment or any part of such an establishment to the enemy when it is capable of being successfully defended or when it is his duty to cause it to be destroyed, shall,--
6. (a) if such act is committed with intent to assist the enemy or from cowardice, be punished with death or such other punishment as is hereinafter mentioned; and
7. (b) in any other case, be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.]

1[35. Misconduct by persons other than those in command.--Every person subject to naval law who, not being in command of any naval establishment or any ship, vessel or aircraft of the Indian Navy, fails when ordered to prepare for action by or against the enemy, or during any such action, to use his utmost exertions to carry the lawful orders of his superior officers into execution shall,--

1. (a) if such act is committed with intent to assist the enemy, be punished with death or such other punishment as is hereinafter mentioned; and
2. (b) in any other case, be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.]

1[36. Delaying or discouraging action or service commanded.--Every person subject to naval law who wilfully delays or discourages upon any pretext whatsoever, any action or service which has been commanded on the part of the Navy, regular Army, or Air Force or of any forces cooperating therewith shall,--

1. (a) if such act is committed with intent to assist the enemy, be punished with death or such other punishment as is hereinafter mentioned; and
2. (b) in any other case, be punished with imprisonment which may extend to seven years or such other punishment as is hereinafter mentioned.]

1[37. Penalty for disobedience in action.--Every person subject to naval law who, being in the presence or vicinity of the enemy or having been ordered to be prepared for action by or against the enemy--

1. (a) desert his post; or
2. (b) sleeps upon his watch, shall be punished with death or such other punishment as is hereinafter mentioned.]

Every person not otherwise subject to naval law who is or acts as a spy for the enemy shall be punished under this Act with death or such other punishment as is hereinafter mentioned as if he were a person subject to naval law.

Every person subject to naval law, who,--

1. (a) traitorously holds correspondence with the enemy or gives intelligence to the enemy; or
2. (b) fails to make known to the proper authorities any information he may have received from the enemy; or
3. (c) assists the enemy with any supplies; or
4. (d) having been made a prisoner of war, voluntarily serves with or aids the enemy; shall be punished with death or such other punishment as is hereinafter mentioned.

Every person subject to naval law who without any traitorous intention holds any improper communication with the enemy shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned.

Every person subject to naval law, who,--

1. (a) deserts his post; or
2. (b) sleeps upon his watch; or 1[(c) fails to perform or negligently performs the duty imposed on him; or]
3. (d) wilfully conceals any words, practice or design tending to the hindrance of the naval service; shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

1[42. Mutiny defined.--Mutiny means any assembly or combination of two or more persons subject to naval law, the Army Act, 1950 (40 of 1950), or the Air Force Act, 1950 (40 of 1950), or between persons two at least of whom, are subject to naval law or any such Act,--

1. (a) to overthrow or resist lawful authority in the Navy, regular Army or Air Force or any part of any one or more of them or any forces co-operating therewith or any part thereof; or
2. (b) to disobey such authority in such circumstances as to make the disobedience subversive of discipline or with the object of avoiding any duty or service against, or in connection with operations against, the enemy; or
3. (c) to show contempt to such authority in such circumstances as to make such conduct subversive of discipline; or
4. (d) to impede the performance of any duty or service in the Navy, regular Army or Air Force or any part of any one or more of them or any forces co-operating therewith or any part thereof.]

Every person subject to naval law, who,--

1. (a) joins in a mutiny; or
2. (b) begins, incites, causes or conspires with any other persons to cause, a mutiny; or
3. (c) endeavours to incite any person to join in a mutiny or to commit an act of mutiny; or
4. (d) endeavours to seduce any person in the regular Army, Navy or Air Force from his allegiance to the Constitution or loyalty to the State or duty to his superior officers or uses any means to compel or induce any such person to abstain from acting against the enemy or discourage such person from acting against the enemy; or
5. (e) does not use his utmost exertions to suppress 1[or prevent] a mutiny; or
6. (f) wilfully conceals any traitorous or mutinous practice or design or any traitorous words spoken against the State; or
7. (g) knowing or having reason to believe in the existence of any mutiny or of any intention to mutiny does not without delay give information thereof to the commanding officer of his ship or other superior officer; or
8. (h) utters words of sedition or mutiny; shall be punished with death or such other punishment as is hereinafter mentioned

Every person not otherwise subject to naval law who being on board any ship or aircraft of the Indian Navy or on board any ship in the service of the Government endeavours to seduce from his allegiance to the Constitution or loyalty to the State or duty to superior officers any person subject to naval law shall be punished under this Act with death or such other punishment as is hereinafter mentioned as if he were a person subject to naval law.

Every person subject to naval law who commits any of the following offences, that is to say,--

1. (a) strikes or attempts to strike his superior officer; or
2. (b) draws or lifts up any weapon against such officer; or
3. (c) uses or attempts to use any violence against such officer; shall be punished,-- if the offence is committed on active service with imprisonment for a term which may extend to ten years or such other punishment as is hereinafter mentioned; and in any other case, with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned.

Every person subject to naval law who is guilty of ill-treating any other person subject to such law, being his subordinate in rank or position, shall be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.

Every person subject to naval law, who,--

1. (a) wilfully disobeys any lawful command of his superior officer; or
2. (b) in the presence of his superior officer, or otherwise shows or expresses his intention to disobey a lawful command given by such superior officer; or
3. (c) uses insubordinate, threatening or insulting language to his superior officer; or
4. (d) behaves with contempt to his superior officer; shall, if the offence is committed on active service or in a manner to show wilful defiance of authority, be punished with imprisonment for a term which may extend to ten years or such other punishment as is hereinafter mentioned and in other cases, be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

Every person subject to naval law, who,--

1. (a) quarrels, fights with or strikes any other person, whether such person is or is not subject to naval law; or
2. (b) uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance; or
3. (c) behaves in a disorderly manner; shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

1. (1) Every person subject to naval law who absents himself from his ship or from the place where his duty requires him to be, with an intention of not returning to such ship or place, or who at any time and under any circumstances when absent from his ship or place of duty does any act which shows that he has an intention of not returning to such ship or place is said to desert. (2) Every person who deserts shall,--
   • (a) if he deserts to the enemy, be punished with death or such other punishment as is hereinafter mentioned; or
   • (b) if he deserts under any other circumstances, be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned; and in every such case he shall forfeit all pay, head money, bounty, salvage, prize money and allowances that have been earned by him and all annuities, pensions, gratuities, medals and decorations that may have been granted to him and also all clothes and effects which he may have left on board the ship or the place from which he deserted, unless the tribunal by which he is tried or the Central Government or the Chief of the Naval Staff, otherwise directs.

Every person subject to naval law who endeavours to seduce any other person subject to naval law to desert shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

Every person subject to naval law who without being guilty of desertion improperly leaves his ship or place of duty 1[or any place where he is required to be] or is absent without leave shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned and shall also be punished by such mulcts of pay and allowances as may be prescribed.

1[(1)] Every person subject to naval law who is guilty of drunkenness shall, if the offence is committed on active service, be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned and in other cases be punished with imprisonment for a term which may extend to six months or such other punishment as is hereinafter mentioned. 2[(2) For the purpose of sub-section (1), a person shall be deemed to be guilty of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the naval service.]

Every person subject to naval law who is guilty of,--

1. (a) uncleanness; or
2. (b) any indecent act; shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

1. (1) Every officer subject to naval law who is guilty of cruelty shall be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.
2. (2) Every officer subject to naval law who is guilty of any scandalous or fraudulent conduct or of any conduct unbecoming the character of an officer shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

1. (1) Every person subject to naval law who 1[wilfully] loses, strands or hazards or suffers to be lost, stranded or hazarded any ship of the Indian Navy or in the service of the Government, or loses or suffers to be lost any aircraft of the Indian Navy or in the service of the Government shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned.
2. (2) Every person subject to naval law who negligently or by any default loses, strands or hazards or suffers to be lost, stranded or hazarded any ship of the Indian Navy or in the service of the Government, or loses or suffers to be lost any aircraft of the Indian Navy or in the service of the Government shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

1[55A. Dangerous unauthorised flying.--Every person subject to naval law, who is guilty of any act or neglect in flying or in the use of any aircraft of the Indian Navy or in relation to any such aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person shall,--

1. (a) if he acts wilfully or with wilful neglect, be punished with imprisonment for a term which may extend to fourteen years 2[or such other punishment as is hereinafter mentioned]; and
2. (b) in any other case, be punished with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned.]

1[55B. Inaccurate certificate.--Every person subject to naval law who signs any certificate in relation to an aircraft or aircraft material belonging to or in the service of the Government without ensuring the accuracy thereof, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.]

1[55C. Low flying and annoyance by flying.--Every person subject to naval law being the pilot of an aircraft of the Indian Navy, who--

1. (a) flies it at a height less than the minimum height authorised by his commanding officer or appropriate service authority except while taking off or landing; or
2. (b) flies it so as to cause or likely to cause unnecessary annoyance to any person, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.]

1[55D. Disobedience of lawful command of captain of an aircraft.--Every person subject to naval law, who while he is in an aircraft belonging to or in the use of the Government, disobeys any lawful command given by the captain of the aircraft, whether such captain is subject to naval law or not, in relation to all matters relating to flying or handling of the aircraft or affecting the safety thereof, shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned.]

1. (1) All officers appointed for the convoy and protection of any ships or vessels shall diligently perform their duty without delay according to their instructions in that behalf.
2. (2) Every such officer subject to naval law, who,--
   • (a) does not defend the ships and goods under his convoy without deviation to any other objects; or
   • (b) refuses to fight in their defence if they are assailed; or
   • (c) cowardly abandons and exposes the ships in his convoy to hazard; or
   • (d) demands or exacts any money or other reward from any merchant or master for convoying any ships or vessels entrusted to his care; or
   • (e) misuses the masters or mariners thereof; shall be punished with death or such other punishment as is hereinafter mentioned, and shall also make such reparation in damages to the merchants, owners and others as a Civil Court of competent jurisdiction may adjudge.

Every officer subject to naval law in command of any ship of the Indian Navy who receives on board or permits to be received on board such ship any goods or merchandise whatsoever other than for the sole use of the ship or persons belonging to the ship, except goods and merchandise on board any ship which may be shipwrecked or in imminent danger either on the high seas or in some port, creek, or harbour, for the purpose of preserving them for their proper owners, or except such goods or merchandise as he may at any time be ordered to take or receive on board by order of the Central Government or his superior officer, shall be punished with dismissal from the naval service or such other punishment as is hereinafter mentioned.

Every person subject to naval law who wastefully expends or fraudulently buys, sells or receives any property of Government or property belonging to a naval, military or air force mess, band or institution, and every person who knowingly permits any such wasteful expenditure, or any such fraudulent purchase, sale or receipt, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

Every person subject to naval law who unlawfully sets fire to any dockyard, victualling yard or steam factory yard, arsenal, magazine, building, stores or to any ship, vessel, hoy, barge, boat, aircraft, or other craft or furniture thereunto belonging, not being the property of an enemy, shall be punished with death or such other punishment as is hereinafter mentioned.

Every person subject to naval law--

1. (a) who knowingly makes or signs a false report, return, list, certificate, book, muster or other document to be used for official purposes; or
2. (b) who commands, counsels or procures the making or signing thereof; or
3. (c) who aids or abets any other person in the making or signing thereof; or
4. (d) who knowingly makes, commands, counsels or procures the making of, a false or fraudulent statement or a fraudulent omission in any such document; shall be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.

Every person subject to naval law--

1. (a) who wilfully does any act or wilfully disobeys any orders whether in hospital or elsewhere with intent to produce or to aggravate any disease or infirmity or to delay his cure; or
2. (b) who feigns any disease, infirmity or inability to perform his duty; shall be punished with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned.

Every person subject to naval law who has any cause of complaint either of the unwholesomeness of the victuals or upon any other just ground shall quietly make the same known to his superior or captain or to the Chief of the Naval Staff, in accordance with the prescribed channels of communication and the said superior, captain or Chief of the Naval Staff shall, as far as he is able, cause the same to be presently remedied; and every person subject to naval law who upon any pretence whatever attempts to stir up any disturbance shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned.

1. (1) All the papers, charter-parties, bills of lading passports and other writings whatsoever that shall be taken, seized, or found 1[aboard] any ships which are taken as prize shall be duly preserved and the commanding officer of the ship which takes such prize shall send the originals entire and without fraud to the Court of competent jurisdiction or such other Court or commissioners as shall be authorised to determine whether such prize be lawful capture, there to be viewed, made use of and proceeded upon according to law.
2. (2) Every commanding officer who wilfully fails to send the papers, charter-parties, bills of lading, passports or other writings whatsoever that shall be taken, seized, or found 1[aboard] any ships which are taken as prize to the proper Court or other authority shall be punished with dismissal from the naval service or such other punishment as is hereinafter mentioned and in addition shall forfeit and lose any share of the capture.

Every person subject to naval law who takes out of any prize or ship seized for prize, any money, plate or goods, unless it is necessary for the better securing thereof, or for the necessary use and service of any ships of war of the Indian Navy, before the same be adjuged lawful prize in a Court of competent jurisdiction, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned, and in addition shall forfeit and lose his share of the capture.

Every person subject to naval law who in any sort pillages, beats, or ill-treats officers, mariners or other persons on board a ship or vessel taken as prize or who unlawfully strips them off their clothes, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

Every commanding officer of a ship of the Indian Navy subject to naval law, who,--

1. (a) by collusion with the enemy take as prize any vessel, goods or thing; or
2. (b) unlawfully agrees with any person for the ransoming of any vessel, goods or thing taken as prize; or
3. (c) in pursuance of any unlawful agreement for ransoming or otherwise by collusion actually quits or restores any vessel, goods or thing taken as prize; shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

Every person subject to naval law who breaks bulk on board any vessel taken as prize, or detained in the exercise of any beligerent right or under any law relating to piracy or to the slave trade or to the customs, with intent dishonestly to misappropriate anything therein or belonging thereto, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

Every person subject to naval law who neglects to obey or contravenes any provisions of this Act or any regulation made under this Act or any general or local order, shall, unless other punishment is provided in this Act for such neglect or contravention, be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

Every person subject to naval law, who,--

1. (a) being duly summoned or ordered to attend as a witness before a court-martial wilfully or without reasonable excuse fails to attend; or
2. (b) refuses to take an oath or make an affirmation legally required by a court-martial to be taken or made; or
3. (c) being sworn, refuses to answer any questions which he is in law bound to answer; or
4. (d) refuses to produce or deliver up a document in his power which the court may legally demand; or
5. (e) is guilty of contempt of court-martial; shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

Every person who upon entry into or offering himself to enter the naval service wilfully makes or gives any false statement whether orally or in writing to any officer or person authorised to enter or enrol 1[sailors] or others in or for such naval service, shall, if he has become subject to naval law, be punished with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned.

Every person subject to naval law who being in lawful custody escapes or attempts to escape from such custody shall be punished with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned.

Every person subject to naval law, who,--

1. (a) does not use his utmost endeavours to detect, apprehend or bring to punishment all offenders against this Act; or
2. (b) does not assist the officers appointed for that purpose; shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

Every member of the Indian Naval Reserve Forces 1[and every person belonging to any auxiliary forces raised under this Act who, when called up for training or when called up into actual service with the Indian Navy in pursuance of the regulations made under this Act, and required by such call to join any ship or attend at any place, fails, without reasonable excuse to comply with such requirement, shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

Every person subject to naval law who is guilty of an act, disorder, or neglect to the prejudice of good order and naval discipline, not hereinbefore specified, shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

Every person subject to naval law who attempts to commit any of the offences specified in sections 34 to 74 and 76 and in such attempt does any act towards the commission of the offence shall, where no express provision is made by this Act for the punishment of such attempt, be punished,--

1. (a) if the offence attempted to be committed is punishable with death, with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned, and
2. (b) if the offence attempted to be committed is punishable with imprisonment, with one-half of the maximum punishment provided for the offence or with such other punishment as is hereinafter mentioned.

Any person subject to naval law who abets the commission of any of the offences specified in sections 34 to 74 shall, whether the act abetted is committed or not in consequence of the abetment, and where no express provision is made by this Act for the punishment of such abetment, be punished with the punishment provided for that offence.

1. (1) Every person subject to naval law who commits a civil offence punishable with death or with imprisonment for life shall be punished with the punishment assigned for that offence.
2. (2) Every person subject to naval law who commits any other civil offence shall be punished either with the punishment assigned for the offence or with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

1. (1) Subject to the provisions of sub-section (2), every person subject to naval law who is charged with a naval offence or a civil offence may be tried and punished under this Act regardless of where the alleged offence was committed.
2. (2) A person subject to naval law who commits an offence of murder against a person not subject to army, naval or air force law or an offence of culpable homicide not amounting to murder against such person or an offence of rape in relation to such person shall not be tried and punished under this Act unless he commits any of the said offences--
   • (a) while on active service; or
   • (b) at any place outside India; or
   • (c) at any place specified by the Central Government by notification in this behalf.

No person unless he is an offender who has avoided apprehension or fled form justice or committed the offence of desertion or fraudulent entry or the offence of mutiny shall be tried or punished in pursuance of this Act for any offence committed by him unless such trial commences within three years from the commission of such offence: Provided that in the computation of the said period of three years any time during which an offender was outside Indial or any time during which he was a prisoner of war shall be deducted: 1 [Provided further that in computation of the said period of three years, any time during which,--

1. (a) the commission of the offence was not known to the person aggrieved by the offence or to the authority competent to initiate action, the first day on which such offence comes to the knowledge of such person or authority, whichever is earlier;
2. (b) it was not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the authority investigating into the offence, whichever is earlier, shall be excluded; Provided also that] where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the said period of three years, the period of the continuance of the injunction or order, the day on which it was issued or made and the day on which it was withdrawn shall be excluded: Provided also that no trial for an offence of desertion other than desertion on active service or fraudulent entry shall be commenced if the person in question not being an officer has subsequently to the commission of the offence served continuously in an exemplary manner for not less than three years in the Indian Navy.

When any offence mentioned in this Chapter has been committed by any person while subject to naval law and such person has since the commission of the offence ceased to be subject to naval law, he may be taken into and kept in custody, tried and punished under this Act for such offence in like manner as he may have been taken into and kept in custody, tried and punished if he had continued subject to naval law: Provided that he shall not be tried for such offence except in the case of an offence of mutiny or desertion, unless the trial against him commences within six months after he has ceased to be so subject.