The Navy Act, 1957
Administered Ministry: Ministry of Defence / Department of Military Affairs
Section
Section 21 Immunity from arrest for debt.
(1) No person in the naval service shall, so long as he is subject to naval law, be liable to be arrested for debt under any process or direction issued by, or by the authority of, any Court or public servant.
(2) If any such person is arrested in contravention of the provisions of sub-section (1), the court or public servant by whom or by whose authority such process or direction was issued shall on complaint by the person arrested or by his superior officer enquire into the case and if satisfied that the arrest was made in contravention of sub-section (1), shall make an order for the immediate discharge of the person arrested and may award of the complainant the costs of the complaint to be recoverable in the same manner as if such costs were awarded to him by a decree against the person at whose instance such process or direction was issued.
(3) No court-fee shall be payable on a complaint made under sub-section (2) for recovery of the costs that may be awarded under that sub-section.
(2) If any such person is arrested in contravention of the provisions of sub-section (1), the court or public servant by whom or by whose authority such process or direction was issued shall on complaint by the person arrested or by his superior officer enquire into the case and if satisfied that the arrest was made in contravention of sub-section (1), shall make an order for the immediate discharge of the person arrested and may award of the complainant the costs of the complaint to be recoverable in the same manner as if such costs were awarded to him by a decree against the person at whose instance such process or direction was issued.
(3) No court-fee shall be payable on a complaint made under sub-section (2) for recovery of the costs that may be awarded under that sub-section.
Section 22 Immunity of persons attending court-martial or disciplinary court from arrest.
(1) No President or other member of a court-martial or disciplinary court, no judge, advocate, no party to any proceeding before a court-martial or disciplinary court or no advocate or agent of such party, and no witness acting in obedience to a summons to attend a court-martial or disciplinary court shall, while proceeding to, attending or returning from, a court-martial or disciplinary court, be liable to arrest under any civil or revenue process.
(2) If any such person is arrested under any such process, he may be discharged by order of the courtmartial or disciplinary court, as the case may be.
(2) If any such person is arrested under any such process, he may be discharged by order of the courtmartial or disciplinary court, as the case may be.
Section 23 Remedy of aggrieved persons.
(1) If an officer or 1[sailor] thinks that he has suffered any personal oppression, injustice or other ill-treatment at the hands of any superior officer, he may make a complaint in accordance with the regulations made under this Act.
(2) The regulations referred to in sub-section (1) shall provide for the complaint to be forwarded to the Central Government for its consideration if the complaint is not satisfied with the decision on his complaint
(2) The regulations referred to in sub-section (1) shall provide for the complaint to be forwarded to the Central Government for its consideration if the complaint is not satisfied with the decision on his complaint
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-1974).
Section 24 Priority of hearing of cases concerning persons in the naval service.
(1) On the presentation to any Civil or Revenue Court by or on behalf of any person in the naval service while subject to naval law of a certificate from the proper naval authority of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the Court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for.
(2) The certificate from the proper naval authority shall state the first and last day of the leave granted or applied for and set forth a description of the case with respect to which the leave has been granted or applied for, and shall be duly signed and authenticated by such authority.
(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or in respect of any application by or on behalf of any such person for priority for the hearing of his case and every such certificate duly signed and authenticated as aforesaid shall be conclusive evidence of the correctness of the contents thereof.
(4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of the leave granted or applied for as aforesaid, it shall record its reasons for having been unable to do so, and shall cause a copy thereof to be furnished to such person on his application, without any payment whatever by him in respect either of the application for such copy or of the copy itself.
(5) Every criminal court before which a case is pending against a person in the naval service, shall, so far as may be possible, arrange for the early hearing and final disposal of such case.
(2) The certificate from the proper naval authority shall state the first and last day of the leave granted or applied for and set forth a description of the case with respect to which the leave has been granted or applied for, and shall be duly signed and authenticated by such authority.
(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or in respect of any application by or on behalf of any such person for priority for the hearing of his case and every such certificate duly signed and authenticated as aforesaid shall be conclusive evidence of the correctness of the contents thereof.
(4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of the leave granted or applied for as aforesaid, it shall record its reasons for having been unable to do so, and shall cause a copy thereof to be furnished to such person on his application, without any payment whatever by him in respect either of the application for such copy or of the copy itself.
(5) Every criminal court before which a case is pending against a person in the naval service, shall, so far as may be possible, arrange for the early hearing and final disposal of such case.
Section 25 Right of the Chief of the Naval Staff or commanding officers to obtain copies of judgments or orders made by a criminal court.
A criminal court before which any proceedings have been taken against a person in the naval service while subject to naval law shall, on application by the Chief of the Naval Staff or the commanding officer of that person, grant copies of the judgment and final orders in the case free of cost and without delay.
Section 26 Saving of rights and privileges under other laws.
The rights and privileges specified in the preceding sections of this Chapter shall be in addition to, and not in derogation of, any other rights and privileges conferred on persons in the naval service while subject to naval law or on members of the regular Army, Navy and Air Force generally by any other law for the time being in force.
Section 27 Deductions from pay, etc., not to be made unless authorized.
No deductions other than those authorised by or under this or any other Act shall be made from the pay, pensions, gratuities, allowances and other benefits due to officers and 1[sailors] under any regulations for the time being in force.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-1974).
Section 28 Deductions from pay and allowances of officers.
The following deductions may be made from the pay and allowances of an officer without recourse to trial by a naval tribunal, namely:--
(1) all pay and allowances for everyday of absence without leave unless an explanation is given to the satisfaction of the commanding officer for such absence and approved by the Chief of the Naval Staff:
Provided that the officer is not dealt with by a naval tribunal for the said absence;
(2) all pay and allowances for everyday while he is in civil or naval custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a competent naval tribunal or Criminal Court and sentenced to imprisonment;
(3) all pay and allowances for everyday while he is in hospital on account of sickness certified by the prescribed medical officer to have been caused by an act amounting to an offence punishable under this Act:
Provided that such certificate is accepted by the Chief of the Naval Staff;
(4) any sum required to make good the pay and allowances of any person subject to naval law which he has unlawfully retained or refused to pay;
(5) any sum required to make good any loss, damage or destruction of Government property or property belonging to a naval mess, band or institution which after due investigation appears to the Central Government, the Chief of the Naval Staff or the prescribed officer to have been occasioned by the wrongful act or negligence on the part of the officer;
(6) any sum required to be paid for the maintenance of his wife or legitimate or illegitimate children under the provisions of section 31;
(7) any sum which after due investigation appears to the prescribed officer to be due to a service mess or canteen.
(1) all pay and allowances for everyday of absence without leave unless an explanation is given to the satisfaction of the commanding officer for such absence and approved by the Chief of the Naval Staff:
Provided that the officer is not dealt with by a naval tribunal for the said absence;
(2) all pay and allowances for everyday while he is in civil or naval custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a competent naval tribunal or Criminal Court and sentenced to imprisonment;
(3) all pay and allowances for everyday while he is in hospital on account of sickness certified by the prescribed medical officer to have been caused by an act amounting to an offence punishable under this Act:
Provided that such certificate is accepted by the Chief of the Naval Staff;
(4) any sum required to make good the pay and allowances of any person subject to naval law which he has unlawfully retained or refused to pay;
(5) any sum required to make good any loss, damage or destruction of Government property or property belonging to a naval mess, band or institution which after due investigation appears to the Central Government, the Chief of the Naval Staff or the prescribed officer to have been occasioned by the wrongful act or negligence on the part of the officer;
(6) any sum required to be paid for the maintenance of his wife or legitimate or illegitimate children under the provisions of section 31;
(7) any sum which after due investigation appears to the prescribed officer to be due to a service mess or canteen.
Section 29 Deductions from pay and allowances of sailors.
The following deductions may be made from the pay and allowances of a 1[sailor] without recourse to trial by a naval tribunal, namely:--
(1) all pay and allowances for everyday of absence without leave unless an explanation is given to the satisfaction of the commanding officer for such absence:
Provided that the 1[sailor] is not dealt with by a naval tribunal for the said absence;
(2) all pay and allowances for everyday he is in confinement on a charge for an offence of which he is afterwards convicted by a competent naval tribunal or Criminal Court;
(3) all pay and allowances for everyday he is in hospital on account of sickness certified by the prescribed medical officer to have been caused by an act amounting to an offence punishable under this Act:
Provided that such certificate is accepted by the Chief of the Naval Staff or the prescribed officer;
(4) any sum required to make good any loss, damage or destruction of any property which after due investigation appears to the Central Government or the Chief of the Naval Staff or the prescribed officer to have been occasioned by the wrongful act or negligence on the part of the 16 sailor;
(5) any sum required to be paid for the maintenance of his wife or legitimate or illegitimate children under the provisions of section 31.
(1) all pay and allowances for everyday of absence without leave unless an explanation is given to the satisfaction of the commanding officer for such absence:
Provided that the 1[sailor] is not dealt with by a naval tribunal for the said absence;
(2) all pay and allowances for everyday he is in confinement on a charge for an offence of which he is afterwards convicted by a competent naval tribunal or Criminal Court;
(3) all pay and allowances for everyday he is in hospital on account of sickness certified by the prescribed medical officer to have been caused by an act amounting to an offence punishable under this Act:
Provided that such certificate is accepted by the Chief of the Naval Staff or the prescribed officer;
(4) any sum required to make good any loss, damage or destruction of any property which after due investigation appears to the Central Government or the Chief of the Naval Staff or the prescribed officer to have been occasioned by the wrongful act or negligence on the part of the 16 sailor;
(5) any sum required to be paid for the maintenance of his wife or legitimate or illegitimate children under the provisions of section 31.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-1974).
Section 30 Deductions awarded by naval tribunals.
Deductions may be made from the pay and allowances of an officer or 1[sailor] in respect of any sentence of fine, forfeiture or mulcts of pay and allowances awarded in pursuance of this Act by a naval tribunal.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-1974).
Section 31 Liability for maintenance of wife and children.
(1) A person subject to naval law shall be liable to maintain his wife and his legitimate or illegitimate children to the same extent as if he were not so subject; but the execution or enforcement of any decree or order for maintenance passed or made against such person shall not be directed against his person pay, arms, ammunition, equipments, instruments or clothing.
(2) Notwithstanding anything contained in sub-section (1),--
(a) where it appears to the satisfaction of the Central Government or the Chief of the Naval Staff or the prescribed authority that a person subject to naval law has without reasonable cause deserted or left in destitute circumstances his wife or any legitimate child unable to maintain himself or has by reason of contracting a second marriage become liable to provide separate maintenance to his first wife; or
(b) where any decree or order is passed under any law against a person who is, or subsequently becomes, subject to naval law for the maintenance of his wife or his legitimate or illegitimate children and a copy of the decree or order is sent to the Central Government or the Chief of the Naval Staff or the prescribed authority;
the Central Government, or the Chief of the Naval Staff or the prescribed authority may direct a portion of the pay of the person so subject to naval law to be deducted from such pay and appropriated in the prescribed manner towards the maintenance of his wife or children, but the amount deducted shall not exceed the amount fixed by the decree or order (if any) and shall not be at a higher rate than the rate fixed by regulation made under this Act in this behalf:
Provided that in the case of a decree or order for maintenance referred to in clause (b) no deduction from pay shall be directed unless the Central Government, or the Chief of the Naval Staff or the prescribed authority is satisfied that the person against whom such decree or order has been passed or made, has had a reasonable opportunity of appearing, or has actually appeared either in person or through a duly appointed legal practitioner, to defend the case before the Court by which the decree or order was passed or made.
(3) Where arrears of maintenance under a decree or order referred to in sub-section (2) have accumulated while the person against whom the decree or order has been made is subject to naval law whether or not deductions in respect thereof have been made from his pay under this section, no step for the recovery of those arrears shall be taken in any Court after such person has ceased to be so subject unless the Court is satisfied that he has, since he ceased to be subject to naval law, the ability to pay the arrears or any part thereof and has failed to do so.
(4) Notwithstanding anything contained in any other law, where a proceeding for obtaining a decree or order for maintenance is started against a person subject to naval law,--
(a) the court may send the process for service on that person to the commanding officer of the ship on which such person is serving or on the books of which he is borne; or
(b) if, by reason of the ship being at sea or otherwise, it is impracticable for the court to send the process to the commanding officer, the Court may, after not less than three weeks' notice to the Central Government, send it to a Secretary to that Government for transmission to the commanding officer for service on that person:
Provided that such service shall not be valid unless there is sent along with the process such sum of money as may be prescribed to enable that person to attend the hearing of the proceeding and to return to his ship or quarters after such attendance.
(5) If a decree or order is passed or made in the proceeding against the person on whom the process is served, the sum sent along with the process shall be awarded as costs of the proceeding against that person.
(6) No process in any proceeding under this section shall be valid against a person subject to naval law if served on him after he is under orders for service at a foreign station or beyond Indian waters.
(7) The production of a certificate of the receipt of the process purporting to be signed by such commanding officer as aforesaid shall be evidence that the process has been duly served, unless the contrary is proved.
(8) Where by a decree or order a copy whereof has been sent to the Central Government or the Chief of the Naval Staff or the prescribed authority under clause (b) of sub-section (2), the person against whom the decree or order has been passed or made is directed to pay as costs any sum sent along with the process [referred to in the proviso to sub-section (4)], the Central Government may pay to the person entitled an amount in full satisfaction of that sum and the amount so paid by the Central Government shall be deemed to be a public demand recoverable from the person against whom the decree or order has been passed or made, and without prejudice to any other mode of recovery, may be recovered by deduction from his pay, in addition to the deductions authorised by sub-section (2).
(9) Where any person subject to naval law has made an allotment of any part of his pay and allowances for the benefit of his wife, that allotment shall not be discontinued or reduced until the Central Government or the Chief of the Naval Staff or the prescribed authority is satisfied that the allotment should no longer be made or should be reduced.
(10) In this section, the expression "pay" includes all sums payable to a person subject to naval law in respect of his services other than allowances in lieu of lodgings, rations, provisions, clothing and travelling allowances.
(2) Notwithstanding anything contained in sub-section (1),--
(a) where it appears to the satisfaction of the Central Government or the Chief of the Naval Staff or the prescribed authority that a person subject to naval law has without reasonable cause deserted or left in destitute circumstances his wife or any legitimate child unable to maintain himself or has by reason of contracting a second marriage become liable to provide separate maintenance to his first wife; or
(b) where any decree or order is passed under any law against a person who is, or subsequently becomes, subject to naval law for the maintenance of his wife or his legitimate or illegitimate children and a copy of the decree or order is sent to the Central Government or the Chief of the Naval Staff or the prescribed authority;
the Central Government, or the Chief of the Naval Staff or the prescribed authority may direct a portion of the pay of the person so subject to naval law to be deducted from such pay and appropriated in the prescribed manner towards the maintenance of his wife or children, but the amount deducted shall not exceed the amount fixed by the decree or order (if any) and shall not be at a higher rate than the rate fixed by regulation made under this Act in this behalf:
Provided that in the case of a decree or order for maintenance referred to in clause (b) no deduction from pay shall be directed unless the Central Government, or the Chief of the Naval Staff or the prescribed authority is satisfied that the person against whom such decree or order has been passed or made, has had a reasonable opportunity of appearing, or has actually appeared either in person or through a duly appointed legal practitioner, to defend the case before the Court by which the decree or order was passed or made.
(3) Where arrears of maintenance under a decree or order referred to in sub-section (2) have accumulated while the person against whom the decree or order has been made is subject to naval law whether or not deductions in respect thereof have been made from his pay under this section, no step for the recovery of those arrears shall be taken in any Court after such person has ceased to be so subject unless the Court is satisfied that he has, since he ceased to be subject to naval law, the ability to pay the arrears or any part thereof and has failed to do so.
(4) Notwithstanding anything contained in any other law, where a proceeding for obtaining a decree or order for maintenance is started against a person subject to naval law,--
(a) the court may send the process for service on that person to the commanding officer of the ship on which such person is serving or on the books of which he is borne; or
(b) if, by reason of the ship being at sea or otherwise, it is impracticable for the court to send the process to the commanding officer, the Court may, after not less than three weeks' notice to the Central Government, send it to a Secretary to that Government for transmission to the commanding officer for service on that person:
Provided that such service shall not be valid unless there is sent along with the process such sum of money as may be prescribed to enable that person to attend the hearing of the proceeding and to return to his ship or quarters after such attendance.
(5) If a decree or order is passed or made in the proceeding against the person on whom the process is served, the sum sent along with the process shall be awarded as costs of the proceeding against that person.
(6) No process in any proceeding under this section shall be valid against a person subject to naval law if served on him after he is under orders for service at a foreign station or beyond Indian waters.
(7) The production of a certificate of the receipt of the process purporting to be signed by such commanding officer as aforesaid shall be evidence that the process has been duly served, unless the contrary is proved.
(8) Where by a decree or order a copy whereof has been sent to the Central Government or the Chief of the Naval Staff or the prescribed authority under clause (b) of sub-section (2), the person against whom the decree or order has been passed or made is directed to pay as costs any sum sent along with the process [referred to in the proviso to sub-section (4)], the Central Government may pay to the person entitled an amount in full satisfaction of that sum and the amount so paid by the Central Government shall be deemed to be a public demand recoverable from the person against whom the decree or order has been passed or made, and without prejudice to any other mode of recovery, may be recovered by deduction from his pay, in addition to the deductions authorised by sub-section (2).
(9) Where any person subject to naval law has made an allotment of any part of his pay and allowances for the benefit of his wife, that allotment shall not be discontinued or reduced until the Central Government or the Chief of the Naval Staff or the prescribed authority is satisfied that the allotment should no longer be made or should be reduced.
(10) In this section, the expression "pay" includes all sums payable to a person subject to naval law in respect of his services other than allowances in lieu of lodgings, rations, provisions, clothing and travelling allowances.
Section 32 Limit of certain deductions.
Except when the deductions are made under sub-sections (1), (2) and (4) of section 28 or sub-sections (1) and (2) of section 29, the total deductions from the pay and allowances of an officer or 1[sailor] shall not exceeded in any one month one-half of his pay and allowances for that month.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-1974).
Section 33 Remission of deductions.
(1) Any deduction from the pay and allowances authorised by or under this Act may be remitted by the Chief of the Naval Staff in his discretion.
(2) Such deduction may also be remitted in such manner and to such extent and by such other authority as may be prescribed.
(2) Such deduction may also be remitted in such manner and to such extent and by such other authority as may be prescribed.
Section 34 Misconduct by officers or persons in command.
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--
(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
(b) surrenders any such ship, vessel or aircraft to the enemy when it is capable of being successfully defended or destroyed; or
(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
(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
(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,--
(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
(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.]
(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
(b) surrenders any such ship, vessel or aircraft to the enemy when it is capable of being successfully defended or destroyed; or
(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
(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
(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,--
(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
(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. Subs. by s. 7, ibid., for sections 34 to 37 (w.e.f. 16-12-1974).
Section 35 Misconduct by persons other than those in command.
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,--
(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
(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.]
(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
(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. Subs. by s. 7, ibid., for sections 34 to 37 (w.e.f. 16-12-1974).
Section 36 Delaying or discouraging action or service commanded.
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,--
(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
(b) in any other case, be punished with imprisonment which may extend to seven years or such other punishment as is hereinafter mentioned.]
(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
(b) in any other case, be punished with imprisonment which may extend to seven years or such other punishment as is hereinafter mentioned.]
1. Subs. by s. 7, ibid., for sections 34 to 37 (w.e.f. 16-12-1974).
Section 37 Penalty for disobedience in action.
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--
(a) desert his post; or
(b) sleeps upon his watch,
shall be punished with death or such other punishment as is hereinafter mentioned.]
(a) desert his post; or
(b) sleeps upon his watch,
shall be punished with death or such other punishment as is hereinafter mentioned.]
1. Subs. by s. 7, ibid., for sections 34 to 37 (w.e.f. 16-12-1974).
Section 38 Penalty for spying.
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.
Section 39 Correspondence, etc., with the enemy.
Every person subject to naval law, who,--
(a) traitorously holds correspondence with the enemy or gives intelligence to the enemy; or
(b) fails to make known to the proper authorities any information he may have received from the enemy; or
(c) assists the enemy with any supplies; or
(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.
(a) traitorously holds correspondence with the enemy or gives intelligence to the enemy; or
(b) fails to make known to the proper authorities any information he may have received from the enemy; or
(c) assists the enemy with any supplies; or
(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.
Section 40 Improper communication with the enemy.
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.