Act62
Enacted 1957

The Navy Act, 1957

In force 194 sections Defence

An Act to consolidate and amend the law relating to the Government of the Indian Navy.

Act 62 of 1957 Enacted 27 Dec 1957 In force 01 Jan 1958 Department Department of Military Affairs

Administered by. Ministry of Defence, Department of Military Affairs · Other Acts of 1957

Preamble

THE NAVY ACT, 1957

ACT NO. 62 OF 1957

[27th December, 1957.] An Act to consolidate and amend the law relating to the Government of the Indian Navy.

BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:--

What this Act covers

Summary of the Navy Act, 1957

Key Provisions:

1. Application of the Act

o The Act applies to officers, sailors, and other persons subject to naval law.

o It governs the conduct and service conditions of members of the Indian Navy.

2. Constitution and Organisation of the Navy

o The Act provides for the organisation and administration of the Indian Navy under the authority of the Central Government.

o It defines the powers and responsibilities of naval authorities and officers.

3. Command and Control

o The Act specifies the chain of command and duties of naval officers.

o Naval personnel are required to obey lawful orders and maintain discipline.

4. Naval Offences and Punishments

o The Act defines various offences relating to naval service, including:

 Desertion and absence without leave.

 Disobedience of lawful commands.

 Insubordination.

 Neglect of duty.

 Conduct prejudicial to naval discipline.

o It provides punishments for violations, including imprisonment, dismissal, and other disciplinary actions.

5. Naval Courts

o The Act provides for the establishment and functioning of:

 Courts Martial for trial of offences committed by naval personnel.

 Other authorities for administering naval justice.

o It lays down procedures for investigation, trial, and appeals.

6. Powers of Naval Authorities

o The Act grants powers to naval authorities regarding:

 Arrest and custody of naval personnel.

 Investigation of offences.

 Conduct of disciplinary proceedings.

 Enforcement of sentences.

7. Service Conditions and Regulations

o The Central Government is empowered to make rules and regulations regarding:

 Recruitment.

 Training.

 Pay and allowances.

 Service conditions.

 Discipline and administration.

Sections

Type to filter. 194 sections.

  1. 1Short title and commencement
  2. 2Persons subject to naval law
  3. 3Definitions
  4. 4Fundamental rights to apply to persons subject to naval law with modifications
  5. 5Power of Central Government to raise and maintain naval forces
  6. 6Provision respecting discipline of persons under engagement to serve Central Government
  7. 7Relations between the members of the Navy, Army and Air Force acting together
  8. 8Provision respecting discipline of master of merchant vessel under convoy
  9. 9Eligibility for appointment or enrolment
  10. 10Commissions and appointments
  11. 11Enrolment
  12. 12Validity of enrolment
  13. 13Oath of allegiance
  14. 14Liability for service of officers and sailors
  15. 15Tenure of service of officers and sailors
  16. 16Discharge on expiry of engagement
  17. 17Provisions as to discharge
  18. 18Saving of powers of dismissal by naval tribunals
  19. 19Restrictions respecting right to form associations, freedom of speech, etc
  20. 20Immunity from attachment
  21. 21Immunity from arrest for debt
  22. 22Immunity of persons attending court-martial or disciplinary court from arrest
  23. 23Remedy of aggrieved persons
  24. 24Priority of hearing of cases concerning persons in the naval service
  25. 25Right of the Chief of the Naval Staff or commanding officers to obtain copies of judgments or orders made by a criminal court
  26. 26Saving of rights and privileges under other laws
  27. 27Deductions from pay, etc., not to be made unless authorized
  28. 28Deductions from pay and allowances of officers
  29. 29Deductions from pay and allowances of sailors
  30. 30Deductions awarded by naval tribunals
  31. 31Liability for maintenance of wife and children
  32. 32Limit of certain deductions
  33. 33Remission of deductions
  34. 34Misconduct by officers or persons in command
  35. 35Misconduct by persons other than those in command
  36. 36Delaying or discouraging action or service commanded
  37. 37Penalty for disobedience in action
  38. 38Penalty for spying
  39. 39Correspondence, etc., with the enemy
  40. 40Improper communication with the enemy
  41. 41Deserting post and neglect of duty
  42. 42Mutiny defined
  43. 43Punishment for mutiny
  44. 44Persons on board ships or aircraft seducing naval personnel from allegiance
  45. 45Striking superior officers
  46. 46Ill-treating subordinates
  47. 47Disobedience and insubordination
  48. 48Quarrelling, fighting and disorderly behavior
  49. 49Desertion
  50. 50Inducing person to desert
  51. 51Breaking out of ship and absence without leave
  52. 52Drunkenness
  53. 53Uncleanness or indecent acts
  54. 54Cruelty and conduct unbecoming the character of an officer
  55. 55Losing ship or aircraft
  56. 55ADangerous unauthorised flying
  57. 55BInaccurate certificate
  58. 55CLow flying and annoyance by flying
  59. 55DDisobedience of lawful command of captain of an aircraft
  60. 56Offences by officers in charge of convoy
  61. 57Taking unauthorised goods on board ship
  62. 58Offences in respect of property
  63. 59Arson
  64. 60Falsifying official documents and false declarations
  65. 61Malingering, etc
  66. 62Penalty for endeavouring to stir up disturbance on account of unwholesomeness of victuals or other just grounds
  67. 63Offences in respect of papers relating to prize
  68. 64Offences in respect of price
  69. 65Offences in respect of persons on board a prize ship
  70. 66Unlawful taking of ransoming a prize
  71. 67Breaking bulk on board a prize ship
  72. 68Violation of the Act, regulations and orders
  73. 69Offences in relation to Court-martial
  74. 70Fraudulent entry
  75. 71Escape from custody
  76. 72Failure to assist in detention of offenders
  77. 73Penalty for failure to attend by members of reserve forces when called up
  78. 74Offences against good order and naval discipline
  79. 75Attempts
  80. 76Abetment of offences
  81. 77Civil offences
  82. 78Jurisdiction as to place and offences
  83. 79Jurisdiction as to time
  84. 80Trial after a person ceases to be subject to naval law
  85. 81Punishments
  86. 82Provisions as to award of punishment
  87. 83Power to issue warrants of arrest
  88. 84Arrest without warrant
  89. 85Procedure and conditions of naval custody
  90. 86Investigation after arrest
  91. 87Duty to receive or keep in custody
  92. 88Procedure before trial
  93. 89Provost-marshals
  94. 90Joinder of charges
  95. 91Acts amounting to different offences
  96. 92Joinder of accused person
  97. 93Power of court-martial and commanding officers to try offences
  98. 94Power of Central Government, Chief of the Naval Staff and other officers to impose forfeiture of time or seniority
  99. 95Disciplinary Courts when may be constituted
  100. 96Constitution and procedure of disciplinary courts
  101. 97Constitution of courts-martial
  102. 98Where courts-martial to be held
  103. 99Trial judge advocate
  104. 100Courts-martial to be public
  105. 101Commencement of proceedings
  106. 102Objections to members
  107. 103Further objections
  108. 104Administering oath or affirmation
  109. 105Arraignment
  110. 106Opening of prosecution case
  111. 107Calling of prosecution witness not in the original list
  112. 108Swearing of interpreter and shorthand-writer
  113. 109Objection to interpreter or shorthand-writer
  114. 110Swearing of witnesses
  115. 111Plea of no case and defence of accused
  116. 112Adjournment to view
  117. 113Summing up by the trial judge advocate
  118. 114Duties of the trial judge advocate
  119. 115Duties of the court
  120. 116Retirement to consider finding
  121. 117Announcement of the finding
  122. 118Drawing up of the finding
  123. 119Evidence of character and previous convictions
  124. 120Consideration of the sentence
  125. 121Announcement of the sentence
  126. 122Adjournment
  127. 123Provisions relating to dissolution of courts-martial
  128. 124Ascertaining the opinion of the court
  129. 125Finding that the offence was committed with intent involving less degree of punishment
  130. 126Alternative findings
  131. 127Finding lesser offence proved on charge of greater offence
  132. 128Transmission of proceedings to the Judge Advocate General of the Navy
  133. 129Right of accused to copy of proceedings and sentence
  134. 130Application of the Evidence Act
  135. 131Accused competent witness for defence
  136. 132Judicial notice
  137. 133Presumption as to certain documents
  138. 134Summoning of witnesses
  139. 135Commissions for examination of witnesses
  140. 136Examination of witnesses on commission
  141. 137Power to summon and examine material witnesses
  142. 138Power of court to pay compensation out of fine
  143. 139Summary punishment for contempt of court person subject to naval law
  144. 140Summary punishment for contempt of court by person not subject to naval law
  145. 141Powers of court-martial when certain offences are committed by persons not subject to naval law
  146. 142Powers of courts martial and disciplinary courts in relation to proceedings under this Act
  147. 143Accused found insane during trial
  148. 144Lunacy of the accused at the time of offence
  149. 145Disposal of property pending trial
  150. 146Disposal of property regarding which offence is committed
  151. 147Form of sentence of death
  152. 148Interim custody until execution of sentence of death
  153. 149Execution of sentences of death
  154. 150Place of imprisonment and detention
  155. 151Commencement of sentence
  156. 152Imprisonment of offender already under sentence
  157. 153Change of place of confinement
  158. 154Discharge or removal of prisoners
  159. 155Time of detention in naval custody
  160. 156Removal of insane prisoners
  161. 157Naval prisons and naval detention quarters
  162. 158Execution of sentence of fine
  163. 159Power to make regulations in respect of naval prisons and detention quarters
  164. 160Judicial review by the Judge Advocate General of the Navy
  165. 161Consideration by the Chief of the Naval Staff
  166. 162Petitions to the Central Government or Chief of the Naval Staff against findings or sentences
  167. 163Powers of Central Government and the Chief of the Naval Staff in respect of findings and sentences
  168. 163AProvision relating to parole
  169. 164Suspension of sentences
  170. 165Offences by persons not subject to naval law in relation to courts-martial and disciplinary courts
  171. 166Penalties for aiding escape or attempt to escape of prisoners and for breach of prison regulations
  172. 167Penalty as regards gaolers, etc
  173. 168Appointment of the Judge Advocate General of the Navy and his subordinate officers
  174. 169Functions of the Judge Advocate General of the Navy
  175. 170Discharge of functions of the Judge Advocate General of the Navy in his absence
  176. 171Disposal of property of deceased sailors
  177. 172Disposal of property of deceased officers
  178. 173Decision of questions as to ship and service debts and other debts in ship or quarters
  179. 174Nature of the powers of commanding officer or Committee of Adjustment
  180. 175Powers of Central Government to hand over estate of deceased persons to the AdministratorGeneral
  181. 176Disposal of surplus by prescribed persons
  182. 177Disposal of effects not converted into money
  183. 178Termination of liability of commanding officer, Committee, prescribed person and the Central Government
  184. 179Saving of rights of representative
  185. 180Application of sections 171 to 179 to persons of unsound mind
  186. 181Appointment of Standing Committee of Adjustment in certain cases
  187. 182Exercise of powers by other persons
  188. 183Forfeiture of effects for absence without leave
  189. 184Power to make regulations
  190. 184APower to make regulations with retrospective effect
  191. 185Regulations to be laid before Parliament
  192. 186Repeals
  193. 187Provisions as to existing naval forces, appointments, etc
  194. 188Power of officers of the Royal Navy

Amending Acts

2 Acts amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Navy (Amendment) Act, 198762 of 1987
  • The Army, Air force and Naval Law (Amendment) Act, 197062 of 1970

Rules made under this Act

5 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Regulations for the Navy Part I1991
  • Regulations for the Navy Part II1991
  • Regulations for the Navy Part III1991
  • Regulations for the Navy Part IV1991
  • THE NAVY (PENSION) REGULATIONS, 19641964

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 194 sections of this Act has its own page. This page is not a substitute for legal advice.