The Navy Act, 1957
Administered Ministry: Ministry of Defence / Department of Military Affairs
Section
Section 41 Deserting post and neglect of duty.
Every person subject to naval law, who,--
(a) deserts his post; or
(b) sleeps upon his watch; or
1[(c) fails to perform or negligently performs the duty imposed on him; or]
(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.
(a) deserts his post; or
(b) sleeps upon his watch; or
1[(c) fails to perform or negligently performs the duty imposed on him; or]
(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. Subs. by Act 53 of 1974, s. 8, for clause (c) (w.e.f. 16-12-1974).
Section 42 Mutiny defined.
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,--
(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
(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
(c) to show contempt to such authority in such circumstances as to make such conduct subversive of discipline; or
(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.]
(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
(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
(c) to show contempt to such authority in such circumstances as to make such conduct subversive of discipline; or
(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.]
1. Subs. by s. 9, ibid., for section 42 (w.e.f. 16-12-1974).
Section 43 Punishment for mutiny.
Every person subject to naval law, who,--
(a) joins in a mutiny; or
(b) begins, incites, causes or conspires with any other persons to cause, a mutiny; or
(c) endeavours to incite any person to join in a mutiny or to commit an act of mutiny; or
(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
(e) does not use his utmost exertions to suppress 1[or prevent] a mutiny; or
(f) wilfully conceals any traitorous or mutinous practice or design or any traitorous words spoken against the State; or
(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
(h) utters words of sedition or mutiny;
shall be punished with death or such other punishment as is hereinafter mentioned
(a) joins in a mutiny; or
(b) begins, incites, causes or conspires with any other persons to cause, a mutiny; or
(c) endeavours to incite any person to join in a mutiny or to commit an act of mutiny; or
(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
(e) does not use his utmost exertions to suppress 1[or prevent] a mutiny; or
(f) wilfully conceals any traitorous or mutinous practice or design or any traitorous words spoken against the State; or
(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
(h) utters words of sedition or mutiny;
shall be punished with death or such other punishment as is hereinafter mentioned
1. Ins by Act 53 of 1974, s. 10 (w.e.f. 16-12-1974).
Section 44 Persons on board ships or aircraft seducing naval personnel from allegiance.
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.
Section 45 Striking superior officers.
Every person subject to naval law who commits any of the following offences, that is to say,--
(a) strikes or attempts to strike his superior officer; or
(b) draws or lifts up any weapon against such officer; or
(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.
(a) strikes or attempts to strike his superior officer; or
(b) draws or lifts up any weapon against such officer; or
(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.
Section 46 Ill-treating subordinates.
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.
Section 47 Disobedience and insubordination.
Every person subject to naval law, who,--
(a) wilfully disobeys any lawful command of his superior officer; or
(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
(c) uses insubordinate, threatening or insulting language to his superior officer; or
(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.
(a) wilfully disobeys any lawful command of his superior officer; or
(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
(c) uses insubordinate, threatening or insulting language to his superior officer; or
(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.
Section 48 Quarrelling, fighting and disorderly behavior.
Every person subject to naval law, who,--
(a) quarrels, fights with or strikes any other person, whether such person is or is not subject to naval law; or
(b) uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance; or
(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.
(a) quarrels, fights with or strikes any other person, whether such person is or is not subject to naval law; or
(b) uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance; or
(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.
Section 49 Desertion.
(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.
(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.
Section 50 Inducing person to desert.
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.
Section 51 Breaking out of ship and absence without leave.
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. Ins by Act 53 of 1974, s. 11 (w.e.f. 16-12-1974).
Section 52 Drunkenness.
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.]
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.]
1. Section 52 renumbered as sub-section (1) thereof by s. 12, ibid. (w.e.f. 16-12-1974).
2. Ins. by s. 12, ibid. (w.e.f. 16-12-1974).
2. Ins. by s. 12, ibid. (w.e.f. 16-12-1974).
Section 53 Uncleanness or indecent acts.
Every person subject to naval law who is guilty of,--
(a) uncleanness; or
(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.
(a) uncleanness; or
(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.
Section 54 Cruelty and conduct unbecoming the character of an officer.
(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) 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.
(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.
Section 55 Losing ship or aircraft.
(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) 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.
(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. Subs. by Act 53 of 1974, s. 14, for "designedly" (w.e.f. 16-12-1974).
Section 55A Dangerous unauthorised flying.
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,--
(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
(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.]
(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
(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. Ins. by s. 14, ibid. (w.e.f. 15-12-1974).
2. Ins. by Act 48 of 1982, s. 2 (w.e.f. 16-10-1982).
2. Ins. by Act 48 of 1982, s. 2 (w.e.f. 16-10-1982).
Section 55B Inaccurate certificate.
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. Ins. by s. 14, ibid. (w.e.f. 15-12-1974).
Section 55C Low flying and annoyance by flying
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--
(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
(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.]
(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
(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. Ins. by s. 14, ibid. (w.e.f. 15-12-1974).
Section 55D Disobedience of lawful command of captain of an aircraft.
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. Ins. by s. 14, ibid. (w.e.f. 15-12-1974).
Section 56 Offences by officers in charge of convoy
(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) 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.
(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.