The Navy Act, 1957
Administered Ministry: Ministry of Defence / Department of Military Affairs
Section
Section 77 Civil offences
(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) 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.
(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.
Section 78 Jurisdiction as to place and offences.
(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) 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.
(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.
Section 79 Jurisdiction as to time
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,--
(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;
(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.
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,--
(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;
(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.
1. Subs. by Act 23 of 2005, s. 3, for "Proviso further that" (w.e.f. 23-6-2005).
Section 80 Trial after a person ceases to be subject to naval law
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.
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.
Section 81 Punishments.
(1) The following punishments may be inflicted under this Act, namely:--
(a) death;
(b) imprisonment which may be for the term of life or any other lesser term;
(c) dismissal with disgrace from the naval service;
(d) detention;
(e) dismissal from the naval service;
(f) forfeiture of seniority in rank in the case of officers 1[and master chief petty officers];
(g) forfeiture of time for promotion in the case of 2[officers below the rank of commander and master chief petty officers];
(h) dismissal from the ship to which the offender belongs;
(i) 3[reduction in rank], in the case of 4[petty officers] and persons holding leading rates;
(j) fine, in respect of civil offences;
(k) mulcts of pay and allowances;
(l) severe reprimand or reprimand;
(m) forfeiture of pay, head money, bounty, salvage, prize money and allowances earned by, and all annuities, pensions, gratuities, medals and decorations granted to, the offender or of any one or more of the above particulars; also in the case of desertion, of all clothes and effects left by the deserter in the ship to which he belongs;
(n) such minor punishments as are inflicted according to the custom of the navy or may from time to time be prescribed.
(2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale.
(a) death;
(b) imprisonment which may be for the term of life or any other lesser term;
(c) dismissal with disgrace from the naval service;
(d) detention;
(e) dismissal from the naval service;
(f) forfeiture of seniority in rank in the case of officers 1[and master chief petty officers];
(g) forfeiture of time for promotion in the case of 2[officers below the rank of commander and master chief petty officers];
(h) dismissal from the ship to which the offender belongs;
(i) 3[reduction in rank], in the case of 4[petty officers] and persons holding leading rates;
(j) fine, in respect of civil offences;
(k) mulcts of pay and allowances;
(l) severe reprimand or reprimand;
(m) forfeiture of pay, head money, bounty, salvage, prize money and allowances earned by, and all annuities, pensions, gratuities, medals and decorations granted to, the offender or of any one or more of the above particulars; also in the case of desertion, of all clothes and effects left by the deserter in the ship to which he belongs;
(n) such minor punishments as are inflicted according to the custom of the navy or may from time to time be prescribed.
(2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale.
1. Ins. by Act 48 of 1982, s. 3 (w.e.f. 16-10-1982).
2. Subs. by s. 3, ibid., for "subordinate officers" (w.e.f. 16-10-1982).
3. Subs. by s. 3, ibid., for "disrating" (w.e.f. 16-10-1982).
4. Subs. by s. 3, ibid., for "subordinate and petty officers" (w.e.f. 16-10-1982).
2. Subs. by s. 3, ibid., for "subordinate officers" (w.e.f. 16-10-1982).
3. Subs. by s. 3, ibid., for "disrating" (w.e.f. 16-10-1982).
4. Subs. by s. 3, ibid., for "subordinate and petty officers" (w.e.f. 16-10-1982).
Section 82 Provisions as to award of punishment
(1) The punishments that may be inflicted under this Act shall be awarded in accordance with the provisions of the following sub-sections.
(2) Except in the case of mutiny in time of war or on active service, the punishment of death shall not be inflicted on any offender until the sentence has been confirmed by the Central Government.
(3) The punishment of imprisonment for a term exceeding two years shall in all cases be accompanied by a sentence of dismissal with disgrace from the naval service.
(4) The punishment of imprisonment for a term not exceeding two years may in all cases be accompanied by a sentence of dismissal with disgrace or dismissal from the naval service:
Provided that in the case of officers, unless the sentence of dismissal with disgrace is also awarded, such sentence of imprisonment shall involve dismissal from the naval service.
(5) The sentence of imprisonment may be rigorous or simple, or partly rigorous and partly simple.
(6) The sentence of dismissal with disgrace shall involve in all cases forfeiture of all pay, head money, bounty, salvage, prize money and allowances that have been earned by and of all annuities, pensions, gratuities, medals and decorations that may have been granted to the offender and an incapacity to serve Government again in a defence service, or a civil service, or to hold any post connected with defence or any civil post under the Government:
Provided that the forfeiture of moneys shall not apply, except in the case of deserters, to moneys which should have been paid on the last pay day preceding conviction.
(7) The punishment of dismissal from the naval service shall in the case of persons who hold any lien on appointments in the regular Army or Air Force, involve dismissal from such army or air force service.
(8) The punishment of detention may be inflicted for any term not exceeding two years but no sentence of detention shall be awarded unless naval detention quarters or army or air force detention barracks are in existence.
(9) The punishment of imprisonment or detention whether on board ship or on shore shall, subject to the provisions of sub-section (14), involve 1[reduction in rank], in the case of a petty officer or a person holding a leading 2[rank], and shall in all cases be accompanied by stoppage of pay and allowances during the term of imprisonment or detention:
Provided that where the punishment awarded is detention for a term not exceeding fourteen days, the sentence may direct that the punishment shall not be accompanied by stoppage of pay and allowances during the term of detention.
(10) No officer shall be subject to detention.
(11) The punishment of forfeiture of seniority shall be imposed in the substantive rank held at the date of the sentence, and shall involve a corresponding forfeiture of seniority in every higher acting rank subject always to the condition that forfeiture of seniority in any rank shall in no case exceed the seniority in that rank at the date of the sentence.
(12) The punishment of forfeiture of seniority shall involve the loss of the benefit of service included in the seniority forfeited for the purposes of pay, pension, gratuity, promotion and such other purposes, as may be prescribed, provided that such pay, pension, gratuity and promotion and other purposes depend upon such service.
3[(12A) No master chief petty officer shall be subject to the punishment of forfeiture of seniority of more than twelve months.]
(13) The punishment of forfeiture of time for promotion shall delay the promotion by the time specified,
3[(13A) No master chief petty officer shall be subject to the punishment of forfeiture of time for promotion of more than twelve months.]
(14) No person shall be 4[reduced in rank] below the limits prescribed, or lower either actually or relatively than the 5[rank] in which he entered or was appointed in the naval service.
(15) Mulcts of pay and allowances shall not be awarded except as provided in sub-sections (16) and (17).
(16) Mulcts of pay and allowances shall be awarded in accordance with the regulations made under this Act on conviction of offences under Section 31.
(17) Mulcts of pay may also be awarded to make good any proved loss or damage occasioned by the offence on which there is a conviction, and for the offence of drunkenness by 6[sailors].
(18) The punishment of fine may be awarded in respect of civil offences in addition to, or in lieu of, other punishments specified in this Act.
(19) The forfeiture of moneys under clause (m) of sub-section (1) of section 81 shall not, except in case of desertion apply to moneys which should have been paid on the last pay day preceding conviction.
(20) All other punishments authorised by this Act may be inflicted in such manner as is heretofore in use in the naval service or as may be prescribed.
(21) Subject to the provisions of the foregoing sub-sections, where any punishment is specified by this Act as the penalty for an offence and it is further declared that "such other punishment as is hereinafter mentioned" may be awarded in respect of the same offence, the expression "such other punishment" shall be deemed to comprise any one or more of the punishments inferior in degree to the specified punishment according to the scale of punishments laid down in sub-section (1) of section 81.
(2) Except in the case of mutiny in time of war or on active service, the punishment of death shall not be inflicted on any offender until the sentence has been confirmed by the Central Government.
(3) The punishment of imprisonment for a term exceeding two years shall in all cases be accompanied by a sentence of dismissal with disgrace from the naval service.
(4) The punishment of imprisonment for a term not exceeding two years may in all cases be accompanied by a sentence of dismissal with disgrace or dismissal from the naval service:
Provided that in the case of officers, unless the sentence of dismissal with disgrace is also awarded, such sentence of imprisonment shall involve dismissal from the naval service.
(5) The sentence of imprisonment may be rigorous or simple, or partly rigorous and partly simple.
(6) The sentence of dismissal with disgrace shall involve in all cases forfeiture of all pay, head money, bounty, salvage, prize money and allowances that have been earned by and of all annuities, pensions, gratuities, medals and decorations that may have been granted to the offender and an incapacity to serve Government again in a defence service, or a civil service, or to hold any post connected with defence or any civil post under the Government:
Provided that the forfeiture of moneys shall not apply, except in the case of deserters, to moneys which should have been paid on the last pay day preceding conviction.
(7) The punishment of dismissal from the naval service shall in the case of persons who hold any lien on appointments in the regular Army or Air Force, involve dismissal from such army or air force service.
(8) The punishment of detention may be inflicted for any term not exceeding two years but no sentence of detention shall be awarded unless naval detention quarters or army or air force detention barracks are in existence.
(9) The punishment of imprisonment or detention whether on board ship or on shore shall, subject to the provisions of sub-section (14), involve 1[reduction in rank], in the case of a petty officer or a person holding a leading 2[rank], and shall in all cases be accompanied by stoppage of pay and allowances during the term of imprisonment or detention:
Provided that where the punishment awarded is detention for a term not exceeding fourteen days, the sentence may direct that the punishment shall not be accompanied by stoppage of pay and allowances during the term of detention.
(10) No officer shall be subject to detention.
(11) The punishment of forfeiture of seniority shall be imposed in the substantive rank held at the date of the sentence, and shall involve a corresponding forfeiture of seniority in every higher acting rank subject always to the condition that forfeiture of seniority in any rank shall in no case exceed the seniority in that rank at the date of the sentence.
(12) The punishment of forfeiture of seniority shall involve the loss of the benefit of service included in the seniority forfeited for the purposes of pay, pension, gratuity, promotion and such other purposes, as may be prescribed, provided that such pay, pension, gratuity and promotion and other purposes depend upon such service.
3[(12A) No master chief petty officer shall be subject to the punishment of forfeiture of seniority of more than twelve months.]
(13) The punishment of forfeiture of time for promotion shall delay the promotion by the time specified,
3[(13A) No master chief petty officer shall be subject to the punishment of forfeiture of time for promotion of more than twelve months.]
(14) No person shall be 4[reduced in rank] below the limits prescribed, or lower either actually or relatively than the 5[rank] in which he entered or was appointed in the naval service.
(15) Mulcts of pay and allowances shall not be awarded except as provided in sub-sections (16) and (17).
(16) Mulcts of pay and allowances shall be awarded in accordance with the regulations made under this Act on conviction of offences under Section 31.
(17) Mulcts of pay may also be awarded to make good any proved loss or damage occasioned by the offence on which there is a conviction, and for the offence of drunkenness by 6[sailors].
(18) The punishment of fine may be awarded in respect of civil offences in addition to, or in lieu of, other punishments specified in this Act.
(19) The forfeiture of moneys under clause (m) of sub-section (1) of section 81 shall not, except in case of desertion apply to moneys which should have been paid on the last pay day preceding conviction.
(20) All other punishments authorised by this Act may be inflicted in such manner as is heretofore in use in the naval service or as may be prescribed.
(21) Subject to the provisions of the foregoing sub-sections, where any punishment is specified by this Act as the penalty for an offence and it is further declared that "such other punishment as is hereinafter mentioned" may be awarded in respect of the same offence, the expression "such other punishment" shall be deemed to comprise any one or more of the punishments inferior in degree to the specified punishment according to the scale of punishments laid down in sub-section (1) of section 81.
1. Subs. by Act 48 of 1982, s. 4, for "distracting" (w.e.f. 16-10-1982).
2. Subs. by s. 4, ibid., for "rate" (w.e.f. 16-10-1982).
3. Ins. by s. 4, ibid. (w.e.f. 16-10-1982).
4. Subs. by s. 4, ibid., for "distracting" (w.e.f. 16-10-1982).
5. Subs. by s. 4, ibid., for "rate" (w.e.f. 16-10-1982).
6. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-10-1982).
2. Subs. by s. 4, ibid., for "rate" (w.e.f. 16-10-1982).
3. Ins. by s. 4, ibid. (w.e.f. 16-10-1982).
4. Subs. by s. 4, ibid., for "distracting" (w.e.f. 16-10-1982).
5. Subs. by s. 4, ibid., for "rate" (w.e.f. 16-10-1982).
6. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-10-1982).
Section 83 Power to issue warrants of arrest.
(1) The Chief of the Naval Staff, every officer in command of a fleet or squadron of ships of the Indian Navy or of any ship of the Indian Navy or the senior officer present at a port or an officer having by virtue of sub-sections (2) and (3) of section 93 power to try offences, may, by warrant under his hand, authorise any person to arrest any offender subject to naval law for any offence triable under this Act mentioned in such warrant and any such warrant may include the names of more persons than one in respect of several offences of the same nature.
(2) Any person named in any such warrant as aforesaid may, forthwith on his arrest, if the warrant so directs, be taken to the ship of the Indian Navy to which he belongs or some other ship of the Indian Navy.
(3) A person authorised to arrest an offender may use such force as may be necessary for the purpose of effecting such arrest.
(4) Where a warrant under sub-section (1) is issued to a police officer, the police officer shall take steps to execute the warrant and arrest the offender in like manner as if such warrant had been issued by a Magistrate of competent jurisdiction and shall, as soon as may be, deliver the person when arrested into naval custody.
(2) Any person named in any such warrant as aforesaid may, forthwith on his arrest, if the warrant so directs, be taken to the ship of the Indian Navy to which he belongs or some other ship of the Indian Navy.
(3) A person authorised to arrest an offender may use such force as may be necessary for the purpose of effecting such arrest.
(4) Where a warrant under sub-section (1) is issued to a police officer, the police officer shall take steps to execute the warrant and arrest the offender in like manner as if such warrant had been issued by a Magistrate of competent jurisdiction and shall, as soon as may be, deliver the person when arrested into naval custody.
Section 84 Arrest without warrant.
(1) Any person subject to naval law may be ordered without warrant into naval custody by any superior officer for any offence triable under this Act.
(2) A person subject to naval law may arrest without warrant any other person subject to naval law though he may be of a higher rank who in his view commits an offence punishable with death, or imprisonment for life or for a term which may extend to fourteen years.
(3) A provost-marshal may arrest any person subject to naval law in accordance with the provisions of section 89.
(4) It shall be lawful for the purpose of effecting arrest, or taking a person into custody, without warrant to use such force as may be necessary for the purpose.
(2) A person subject to naval law may arrest without warrant any other person subject to naval law though he may be of a higher rank who in his view commits an offence punishable with death, or imprisonment for life or for a term which may extend to fourteen years.
(3) A provost-marshal may arrest any person subject to naval law in accordance with the provisions of section 89.
(4) It shall be lawful for the purpose of effecting arrest, or taking a person into custody, without warrant to use such force as may be necessary for the purpose.
Section 85 Procedure and conditions of naval custody.
(1) No person subject to naval law who is arrested under this Act shall be detained in naval custody without being informed, as soon as may be, of the grounds for such arrest.
(2) Every person subject to naval law who is arrested and detained in naval custody shall be produced before his commanding officer or other officer prescribed in this behalf within a period of forty-eight hours of such arrest excluding the time necessary for the journey from the place of arrest to such commanding or other officer and no such person shall be detained in custody beyond the said period without the authority of such commanding or other officer.
(2) Every person subject to naval law who is arrested and detained in naval custody shall be produced before his commanding officer or other officer prescribed in this behalf within a period of forty-eight hours of such arrest excluding the time necessary for the journey from the place of arrest to such commanding or other officer and no such person shall be detained in custody beyond the said period without the authority of such commanding or other officer.
Section 86 Investigation after arrest.
The charge made against any person subject to naval law taken into custody shall without any unnecessary delay be investigated by the proper authority and as soon as may be either proceedings shall be taken for the trial or such person shall be discharged from custody.
Section 87 Duty to receive or keep in custody.
(1) The commanding officer shall be responsible for the safe custody of every person who is in naval custody on board his ship or in his establishment.
(2) The officer or 1[sailor] in charge of a guard, or a provost-marshal shall receive and keep any person who is duly committed to his custody.
(2) The officer or 1[sailor] in charge of a guard, or a provost-marshal shall receive and keep any person who is duly committed to his custody.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-10-1982).
Section 88 Procedure before trial.
Subject to the provisions of this Act, the procedure before trial and the manner of investigation shall be as prescribed.
Section 89 Provost-marshals
(1) Provost-marshals may be appointed by the Chief of the Naval Staff or the prescribed officer.
(2) The duties of a provost-marshal or to take charge of persons in naval custody, to preserve good order and discipline and to prevent breaches of the same by persons subject to naval law or to the law in force relating to the Government of the regular Army or the Air Force.
(3) A provost-marshal may at any time arrest and detain for trial any person subject to naval law who commits, or is charged with, an offence and may also carry into effect any punishment to be inflicted in pursance of a sentence passed under this Act, but shall not inflict any punishment on his own authority:
Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.
(4) For the purpose of sub-sections (2) and (3), a provost-marshal shall be deemed to include a provost-marshal and any of his assistants appointed under the law in force relating to the government of the regular Army or the Air Force.
(2) The duties of a provost-marshal or to take charge of persons in naval custody, to preserve good order and discipline and to prevent breaches of the same by persons subject to naval law or to the law in force relating to the Government of the regular Army or the Air Force.
(3) A provost-marshal may at any time arrest and detain for trial any person subject to naval law who commits, or is charged with, an offence and may also carry into effect any punishment to be inflicted in pursance of a sentence passed under this Act, but shall not inflict any punishment on his own authority:
Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.
(4) For the purpose of sub-sections (2) and (3), a provost-marshal shall be deemed to include a provost-marshal and any of his assistants appointed under the law in force relating to the government of the regular Army or the Air Force.
Section 90 Joinder of charges.
For every distinct offence of which any person is accused, there shall be a separate charge but except as otherwise provided by regulations made under this Act all separate charges may be tried together.
Section 91 Acts amounting to different offences.
If a single act or series of acts is of such a nature that it is doubtful which of several offences the acts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at one trial; or he may be charged in the alternative with having committed some one of the said offences.
Section 92 Joinder of accused person
The following persons may be charged and tried together, namely:--
(i) persons accused of the same offence committed in the course of the same transaction;
(ii) persons accused of an offence and persons accused of abetment of, or an attempt to commit, such offence; and
(iii) persons accused of different offences committed in the course of the same transaction:
Provided that in a trial by a court-martial the trial judge advocate may, on the application made in this behalf by any accused, direct that each of the accused be tried separately by the same court-martial.
(i) persons accused of the same offence committed in the course of the same transaction;
(ii) persons accused of an offence and persons accused of abetment of, or an attempt to commit, such offence; and
(iii) persons accused of different offences committed in the course of the same transaction:
Provided that in a trial by a court-martial the trial judge advocate may, on the application made in this behalf by any accused, direct that each of the accused be tried separately by the same court-martial.
Section 93 Power of court-martial and commanding officers to try offences
(1) An offence triable under this Act may be tried and punished by court-martial.
(2) An offence not capital which is triable under this Act and which is committed by a person other than an officer (and in cases by this Act expressly provided for when committed by an officer), may, subject to regulations made under this Act be summarily tried and punished by the commanding officer of the ship to which the offender belongs at the time either of the commission or of the trial of the offence, subject to the restriction that the commanding officer shall not have power to award imprisonment or detention for more than three months, or to award dismissal with disgrace from the naval service:
Provided that no sentence of imprisonment or dismissal shall be carried into effect until approved by the prescribed authorities.
(3) The power by this section vested in a commanding officer of a ship may, subject to regulations made under this Act,--
(a) as respects 1[sailors] on board a tender to the ship, be exercised in the case of a single tender absent from the ship, by the officer in command of such tender and in the case of two or more tenders absent from the ship in company or acting together, by the officer in immediate command of such tenders;
(b) as respects [sailors] on board any boat belonging to the ship, be exercised when such boat is absent on detached service by the officer in command of the boat;
(c) as respects 1[sailors] on detached service either on shore or otherwise, be exercised by the officer in immediate command of those persons;
(d) as respects 1[sailors] quartered in naval barracks, be exercised by the officer in command of the barracks;
(e) as respects 1[sailors] attached to or serving with any body of the regular Army or the Air Force under prescribed conditions be exercised by the commanding officer of any such body of the regular Army or the Air Force.
(4) The commanding officer of a ship or barracks may delegate the power of awarding punishments inferior in scale to dismissal, to other officers under his command in accordance with the regulations made under this Act.
(2) An offence not capital which is triable under this Act and which is committed by a person other than an officer (and in cases by this Act expressly provided for when committed by an officer), may, subject to regulations made under this Act be summarily tried and punished by the commanding officer of the ship to which the offender belongs at the time either of the commission or of the trial of the offence, subject to the restriction that the commanding officer shall not have power to award imprisonment or detention for more than three months, or to award dismissal with disgrace from the naval service:
Provided that no sentence of imprisonment or dismissal shall be carried into effect until approved by the prescribed authorities.
(3) The power by this section vested in a commanding officer of a ship may, subject to regulations made under this Act,--
(a) as respects 1[sailors] on board a tender to the ship, be exercised in the case of a single tender absent from the ship, by the officer in command of such tender and in the case of two or more tenders absent from the ship in company or acting together, by the officer in immediate command of such tenders;
(b) as respects [sailors] on board any boat belonging to the ship, be exercised when such boat is absent on detached service by the officer in command of the boat;
(c) as respects 1[sailors] on detached service either on shore or otherwise, be exercised by the officer in immediate command of those persons;
(d) as respects 1[sailors] quartered in naval barracks, be exercised by the officer in command of the barracks;
(e) as respects 1[sailors] attached to or serving with any body of the regular Army or the Air Force under prescribed conditions be exercised by the commanding officer of any such body of the regular Army or the Air Force.
(4) The commanding officer of a ship or barracks may delegate the power of awarding punishments inferior in scale to dismissal, to other officers under his command in accordance with the regulations made under this Act.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-1974).
Section 94 Power of Central Government, Chief of the Naval Staff and other officers to impose forfeiture of time or seniority
1[(1) The Central Government may impose on any officer below the rank of commander one or more of the following punishments, namely:--
(a) forfeiture of seniority in rank of not more than twelve months;
(b) forfeiture of time for promotion of not more than twelve months;
(c) mulcts of pay and allowances.
(2) The Chief of the Naval Staff may impose on 2[any officer below the rank of commander] one or more of the following punishments, namely:--
(a) forfeiture of seniority in rank of not more than six months;
(b) forfeiture of time for promotion of not more than six months;
(c) mulcts of pay and allowances.
(2A) The Flag Officer Commanding-in-Chief of a naval command may, subject to regulations made under this Act, impose on any officer below the rank of commander one or more of the following punishments, namely:--
(a) forfeiture of seniority in rank of not more than three months;
(b) forfeiture of time for promotion of not more than three months;
(c) severe reprimand or reprimand;
(d) mulcts of pay and allowances.
(3) The commanding officer of a ship may. subject to regulations made under this Act, may impose on any officer below the rank of commander one or more of the following punishments, namely:--
(a) forfeiture of seniority in rank of not more than three months;
(b) forfeiture of time for promotion of not more than three months;
(c) mulcts of pay and allowances.]
(4) In imposing punishments under sub-sections (1) 3[(2) and (2A)], it shall not be necessary for the Central Government or the Chief of the Naval Staff, as the case may be, to hear the accused in person or by any friend or counsel.
4[(5) The commanding officer of a 5[ship] or the officer-in-charge of a naval academy may impose on any subordinate officer whilst under training such minor punishments, not higher than the punishment of severe reprimand or reprimand, as may, from time to time, be prescribed.]
(1) The Central Government may impose the punishment of forfeiture of time or seniority of not more than twelve months on any officer below the rank of commander.
(2) The Chief of the Naval Staff may impose the punishment of forfeiture of time or seniority of not more than six months on any officer below the rank of commander.
(2A) The Flag Officer Commanding-in-Chief of a naval command may, subject to regulations made under this Act, impose on any officer below the rank of commander one or more of the following punishments, namely:--
(a) forfeiture of seniority in rank of not more than three months;
(b) forfeiture of time for promotion of not more than three months;
(c) severe reprimand or reprimand.
(3) The commanding officer of a ship may subject to regulations made under this Act, impose the punishment of forfeiture of time or seniority of not more than three months on any subordinate officer
(a) forfeiture of seniority in rank of not more than twelve months;
(b) forfeiture of time for promotion of not more than twelve months;
(c) mulcts of pay and allowances.
(2) The Chief of the Naval Staff may impose on 2[any officer below the rank of commander] one or more of the following punishments, namely:--
(a) forfeiture of seniority in rank of not more than six months;
(b) forfeiture of time for promotion of not more than six months;
(c) mulcts of pay and allowances.
(2A) The Flag Officer Commanding-in-Chief of a naval command may, subject to regulations made under this Act, impose on any officer below the rank of commander one or more of the following punishments, namely:--
(a) forfeiture of seniority in rank of not more than three months;
(b) forfeiture of time for promotion of not more than three months;
(c) severe reprimand or reprimand;
(d) mulcts of pay and allowances.
(3) The commanding officer of a ship may. subject to regulations made under this Act, may impose on any officer below the rank of commander one or more of the following punishments, namely:--
(a) forfeiture of seniority in rank of not more than three months;
(b) forfeiture of time for promotion of not more than three months;
(c) mulcts of pay and allowances.]
(4) In imposing punishments under sub-sections (1) 3[(2) and (2A)], it shall not be necessary for the Central Government or the Chief of the Naval Staff, as the case may be, to hear the accused in person or by any friend or counsel.
4[(5) The commanding officer of a 5[ship] or the officer-in-charge of a naval academy may impose on any subordinate officer whilst under training such minor punishments, not higher than the punishment of severe reprimand or reprimand, as may, from time to time, be prescribed.]
(1) The Central Government may impose the punishment of forfeiture of time or seniority of not more than twelve months on any officer below the rank of commander.
(2) The Chief of the Naval Staff may impose the punishment of forfeiture of time or seniority of not more than six months on any officer below the rank of commander.
(2A) The Flag Officer Commanding-in-Chief of a naval command may, subject to regulations made under this Act, impose on any officer below the rank of commander one or more of the following punishments, namely:--
(a) forfeiture of seniority in rank of not more than three months;
(b) forfeiture of time for promotion of not more than three months;
(c) severe reprimand or reprimand.
(3) The commanding officer of a ship may subject to regulations made under this Act, impose the punishment of forfeiture of time or seniority of not more than three months on any subordinate officer
1. Subs. by Act 23 of 2005, s. 4, for sub-sections (1), (2), (2A), and (3) (w.e.f. 23-6-2005).
2. Subs. by Act 48 of 1982, s. 5, for "any subordinate officer" (w.e.f. 16-10-1982).
3. Subs. Act, 48 of 1982, s. 5, for "and (2)" (w.e.f. 16-10-1982).
4. Ins. by Act 53 of 1970, s. 16 (w.e.f. 16-12-1974).
5. Subs. by s. 5, ibid., for "training ship" (w.e.f. 16-10-1982).
2. Subs. by Act 48 of 1982, s. 5, for "any subordinate officer" (w.e.f. 16-10-1982).
3. Subs. Act, 48 of 1982, s. 5, for "and (2)" (w.e.f. 16-10-1982).
4. Ins. by Act 53 of 1970, s. 16 (w.e.f. 16-12-1974).
5. Subs. by s. 5, ibid., for "training ship" (w.e.f. 16-10-1982).
Section 95 Disciplinary Courts when may be constituted.
When an officer is, in time of war or during active service, alleged to have been guilty of a disciplinary offence, that is to say of a breach of sections 41, 47, 48, 49, 51, 52, 68 and 74 or of any of those sections read with section 75 or 76, the officer having the power to order a court-martial may, if he considers the offence to be of such a character as not to necessitate trial by court-martial, in lieu of ordering a court-martial, order a disciplinary court constituted as hereinafter mentioned.
Section 96 Constitution and procedure of disciplinary courts.
(1) A disciplinary court shall be composed of not less than three nor more than five officers:
Provided that the majority of the officers including the president shall be officers of the executive branch of the naval service.
(2) At least one of these officers composing the court shall be superior in rank to the officer under trial and in any case shall be of the rank of substantive or acting commander or of a higher rank.
(3) A disciplinary court shall have power to impose any punishment inferior to detention in the scale hereinbefore contained, but no greater punishment.
(4) The officers composing the disciplinary court shall be named by the authority ordering the same or by an officer empowered in this behalf by such authority.
(5) Subject to the provisions of the foregoing sub-sections, the procedure and practice of courtsmartial provided by or under this Act shall apply to the procedure and practice of disciplinary courts subject to such modifications as may be prescribed.
Provided that the majority of the officers including the president shall be officers of the executive branch of the naval service.
(2) At least one of these officers composing the court shall be superior in rank to the officer under trial and in any case shall be of the rank of substantive or acting commander or of a higher rank.
(3) A disciplinary court shall have power to impose any punishment inferior to detention in the scale hereinbefore contained, but no greater punishment.
(4) The officers composing the disciplinary court shall be named by the authority ordering the same or by an officer empowered in this behalf by such authority.
(5) Subject to the provisions of the foregoing sub-sections, the procedure and practice of courtsmartial provided by or under this Act shall apply to the procedure and practice of disciplinary courts subject to such modifications as may be prescribed.