The Navy Act, 1957
An Act to consolidate and amend the law relating to the Government of the Indian Navy.
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.
- 1Short title and commencement
- 2Persons subject to naval law
- 3Definitions
- 4Fundamental rights to apply to persons subject to naval law with modifications
- 5Power of Central Government to raise and maintain naval forces
- 6Provision respecting discipline of persons under engagement to serve Central Government
- 7Relations between the members of the Navy, Army and Air Force acting together
- 8Provision respecting discipline of master of merchant vessel under convoy
- 9Eligibility for appointment or enrolment
- 10Commissions and appointments
- 11Enrolment
- 12Validity of enrolment
- 13Oath of allegiance
- 14Liability for service of officers and sailors
- 15Tenure of service of officers and sailors
- 16Discharge on expiry of engagement
- 17Provisions as to discharge
- 18Saving of powers of dismissal by naval tribunals
- 19Restrictions respecting right to form associations, freedom of speech, etc
- 20Immunity from attachment
- 21Immunity from arrest for debt
- 22Immunity of persons attending court-martial or disciplinary court from arrest
- 23Remedy of aggrieved persons
- 24Priority of hearing of cases concerning persons in the naval service
- 25Right of the Chief of the Naval Staff or commanding officers to obtain copies of judgments or orders made by a criminal court
- 26Saving of rights and privileges under other laws
- 27Deductions from pay, etc., not to be made unless authorized
- 28Deductions from pay and allowances of officers
- 29Deductions from pay and allowances of sailors
- 30Deductions awarded by naval tribunals
- 31Liability for maintenance of wife and children
- 32Limit of certain deductions
- 33Remission of deductions
- 34Misconduct by officers or persons in command
- 35Misconduct by persons other than those in command
- 36Delaying or discouraging action or service commanded
- 37Penalty for disobedience in action
- 38Penalty for spying
- 39Correspondence, etc., with the enemy
- 40Improper communication with the enemy
- 41Deserting post and neglect of duty
- 42Mutiny defined
- 43Punishment for mutiny
- 44Persons on board ships or aircraft seducing naval personnel from allegiance
- 45Striking superior officers
- 46Ill-treating subordinates
- 47Disobedience and insubordination
- 48Quarrelling, fighting and disorderly behavior
- 49Desertion
- 50Inducing person to desert
- 51Breaking out of ship and absence without leave
- 52Drunkenness
- 53Uncleanness or indecent acts
- 54Cruelty and conduct unbecoming the character of an officer
- 55Losing ship or aircraft
- 55ADangerous unauthorised flying
- 55BInaccurate certificate
- 55CLow flying and annoyance by flying
- 55DDisobedience of lawful command of captain of an aircraft
- 56Offences by officers in charge of convoy
- 57Taking unauthorised goods on board ship
- 58Offences in respect of property
- 59Arson
- 60Falsifying official documents and false declarations
- 61Malingering, etc
- 62Penalty for endeavouring to stir up disturbance on account of unwholesomeness of victuals or other just grounds
- 63Offences in respect of papers relating to prize
- 64Offences in respect of price
- 65Offences in respect of persons on board a prize ship
- 66Unlawful taking of ransoming a prize
- 67Breaking bulk on board a prize ship
- 68Violation of the Act, regulations and orders
- 69Offences in relation to Court-martial
- 70Fraudulent entry
- 71Escape from custody
- 72Failure to assist in detention of offenders
- 73Penalty for failure to attend by members of reserve forces when called up
- 74Offences against good order and naval discipline
- 75Attempts
- 76Abetment of offences
- 77Civil offences
- 78Jurisdiction as to place and offences
- 79Jurisdiction as to time
- 80Trial after a person ceases to be subject to naval law
- 81Punishments
- 82Provisions as to award of punishment
- 83Power to issue warrants of arrest
- 84Arrest without warrant
- 85Procedure and conditions of naval custody
- 86Investigation after arrest
- 87Duty to receive or keep in custody
- 88Procedure before trial
- 89Provost-marshals
- 90Joinder of charges
- 91Acts amounting to different offences
- 92Joinder of accused person
- 93Power of court-martial and commanding officers to try offences
- 94Power of Central Government, Chief of the Naval Staff and other officers to impose forfeiture of time or seniority
- 95Disciplinary Courts when may be constituted
- 96Constitution and procedure of disciplinary courts
- 97Constitution of courts-martial
- 98Where courts-martial to be held
- 99Trial judge advocate
- 100Courts-martial to be public
- 101Commencement of proceedings
- 102Objections to members
- 103Further objections
- 104Administering oath or affirmation
- 105Arraignment
- 106Opening of prosecution case
- 107Calling of prosecution witness not in the original list
- 108Swearing of interpreter and shorthand-writer
- 109Objection to interpreter or shorthand-writer
- 110Swearing of witnesses
- 111Plea of no case and defence of accused
- 112Adjournment to view
- 113Summing up by the trial judge advocate
- 114Duties of the trial judge advocate
- 115Duties of the court
- 116Retirement to consider finding
- 117Announcement of the finding
- 118Drawing up of the finding
- 119Evidence of character and previous convictions
- 120Consideration of the sentence
- 121Announcement of the sentence
- 122Adjournment
- 123Provisions relating to dissolution of courts-martial
- 124Ascertaining the opinion of the court
- 125Finding that the offence was committed with intent involving less degree of punishment
- 126Alternative findings
- 127Finding lesser offence proved on charge of greater offence
- 128Transmission of proceedings to the Judge Advocate General of the Navy
- 129Right of accused to copy of proceedings and sentence
- 130Application of the Evidence Act
- 131Accused competent witness for defence
- 132Judicial notice
- 133Presumption as to certain documents
- 134Summoning of witnesses
- 135Commissions for examination of witnesses
- 136Examination of witnesses on commission
- 137Power to summon and examine material witnesses
- 138Power of court to pay compensation out of fine
- 139Summary punishment for contempt of court person subject to naval law
- 140Summary punishment for contempt of court by person not subject to naval law
- 141Powers of court-martial when certain offences are committed by persons not subject to naval law
- 142Powers of courts martial and disciplinary courts in relation to proceedings under this Act
- 143Accused found insane during trial
- 144Lunacy of the accused at the time of offence
- 145Disposal of property pending trial
- 146Disposal of property regarding which offence is committed
- 147Form of sentence of death
- 148Interim custody until execution of sentence of death
- 149Execution of sentences of death
- 150Place of imprisonment and detention
- 151Commencement of sentence
- 152Imprisonment of offender already under sentence
- 153Change of place of confinement
- 154Discharge or removal of prisoners
- 155Time of detention in naval custody
- 156Removal of insane prisoners
- 157Naval prisons and naval detention quarters
- 158Execution of sentence of fine
- 159Power to make regulations in respect of naval prisons and detention quarters
- 160Judicial review by the Judge Advocate General of the Navy
- 161Consideration by the Chief of the Naval Staff
- 162Petitions to the Central Government or Chief of the Naval Staff against findings or sentences
- 163Powers of Central Government and the Chief of the Naval Staff in respect of findings and sentences
- 163AProvision relating to parole
- 164Suspension of sentences
- 165Offences by persons not subject to naval law in relation to courts-martial and disciplinary courts
- 166Penalties for aiding escape or attempt to escape of prisoners and for breach of prison regulations
- 167Penalty as regards gaolers, etc
- 168Appointment of the Judge Advocate General of the Navy and his subordinate officers
- 169Functions of the Judge Advocate General of the Navy
- 170Discharge of functions of the Judge Advocate General of the Navy in his absence
- 171Disposal of property of deceased sailors
- 172Disposal of property of deceased officers
- 173Decision of questions as to ship and service debts and other debts in ship or quarters
- 174Nature of the powers of commanding officer or Committee of Adjustment
- 175Powers of Central Government to hand over estate of deceased persons to the AdministratorGeneral
- 176Disposal of surplus by prescribed persons
- 177Disposal of effects not converted into money
- 178Termination of liability of commanding officer, Committee, prescribed person and the Central Government
- 179Saving of rights of representative
- 180Application of sections 171 to 179 to persons of unsound mind
- 181Appointment of Standing Committee of Adjustment in certain cases
- 182Exercise of powers by other persons
- 183Forfeiture of effects for absence without leave
- 184Power to make regulations
- 184APower to make regulations with retrospective effect
- 185Regulations to be laid before Parliament
- 186Repeals
- 187Provisions as to existing naval forces, appointments, etc
- 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
- The Cantonments (Extension of Rent Control Laws) Act, 19574 sections
- The Lok Sahayak Sena Act, 195611 sections
- The Shillong (Rifle Range and Umlong) Cantonments Assimilation of Laws Act, 19544 sections
- The Reserve and Auxiliary Air Forces Act, 195236 sections
- The Army Act, 1950198 sections
- The Air Force Act, 1950195 sections
- The Army and Air Force (Disposal of Private Property) Act, 195017 sections
- The Seaward Artillery Practice Act, 194910 sections
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.