The Navy Act, 1957
Administered Ministry: Ministry of Defence / Department of Military Affairs
Section
Section 57 Taking unauthorised goods on board ship
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.
Section 58 Offences in respect of property.
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.
Section 59 Arson
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.
Section 60 Falsifying official documents and false declarations.
Every person subject to naval law--
(a) who knowingly makes or signs a false report, return, list, certificate, book, muster or other document to be used for official purposes; or
(b) who commands, counsels or procures the making or signing thereof; or
(c) who aids or abets any other person in the making or signing thereof; or
(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.
(a) who knowingly makes or signs a false report, return, list, certificate, book, muster or other document to be used for official purposes; or
(b) who commands, counsels or procures the making or signing thereof; or
(c) who aids or abets any other person in the making or signing thereof; or
(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.
Section 61 Malingering, etc.
Every person subject to naval law--
(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
(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.
(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
(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.
Section 62 Penalty for endeavouring to stir up disturbance on account of unwholesomeness of victuals or other just grounds.
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.
Section 63 Offences in respect of papers relating to prize.
(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) 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.
(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.
1. Subs. by Act 58 of 1960, s. 3 and the Second Schedule, for "abroad" (w.e.f. 26-12-1960).
Section 64 Offences in respect of price.
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.
Section 65 Offences in respect of persons on board a prize ship.
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.
Section 66 Unlawful taking of ransoming a prize
Every commanding officer of a ship of the Indian Navy subject to naval law, who,--
(a) by collusion with the enemy take as prize any vessel, goods or thing; or
(b) unlawfully agrees with any person for the ransoming of any vessel, goods or thing taken as prize; or
(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.
(a) by collusion with the enemy take as prize any vessel, goods or thing; or
(b) unlawfully agrees with any person for the ransoming of any vessel, goods or thing taken as prize; or
(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.
Section 67 Breaking bulk on board a prize ship.
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.
Section 68 Violation of the Act, regulations and orders.
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.
Section 69 Offences in relation to Court-martial.
Every person subject to naval law, who,--
(a) being duly summoned or ordered to attend as a witness before a court-martial wilfully or without reasonable excuse fails to attend; or
(b) refuses to take an oath or make an affirmation legally required by a court-martial to be taken or made; or
(c) being sworn, refuses to answer any questions which he is in law bound to answer; or
(d) refuses to produce or deliver up a document in his power which the court may legally demand; or
(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.
(a) being duly summoned or ordered to attend as a witness before a court-martial wilfully or without reasonable excuse fails to attend; or
(b) refuses to take an oath or make an affirmation legally required by a court-martial to be taken or made; or
(c) being sworn, refuses to answer any questions which he is in law bound to answer; or
(d) refuses to produce or deliver up a document in his power which the court may legally demand; or
(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.
Section 70 Fraudulent entry
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.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-74).
Section 71 Escape from custody
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.
Section 72 Failure to assist in detention of offenders.
Every person subject to naval law, who,--
(a) does not use his utmost endeavours to detect, apprehend or bring to punishment all offenders against this Act; or
(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.
(a) does not use his utmost endeavours to detect, apprehend or bring to punishment all offenders against this Act; or
(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.
Section 73 Penalty for failure to attend by members of reserve forces when called up.
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.
1. Ins. by s. 15, ibid. (w.e.f. 16-12-1974).
Section 74 Offences against good order and naval discipline
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.
Section 75 Attempts.
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,--
(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
(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.
(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
(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.
Section 76 Abetment of offences.
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.