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The Navy Act, 1957
Section 40

The Navy Act, 1957

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Chapter IPreliminary

1Short title and commencement
2Persons subject to naval law
3Definitions
4Fundamental rights to apply to persons subject to naval law with modifications

Chapter IIThe Naval Forces

5Power of Central Government to raise and maintain naval forces

Chapter IIISpecial Provisions Relating to Discipline in Certain Cases

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

Chapter IVCommissions, Appointments and Enrolments

9Eligibility for appointment or enrolment
10Commissions and appointments
11Enrolment
12Validity of enrolment
13Oath of allegiance

Chapter VConditions of Service

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

Chapter VIService Privileges

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

Chapter VIIProvisions as to Pay, Pension, Etc., and Maintenance of Families

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

Chapter VIIIArticles of War

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

Chapter IXProvisions as to Punishments

81Punishments
82Provisions as to award of punishment

Chapter XArrest

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

Chapter XICharge

90Joinder of charges
91Acts amounting to different offences
92Joinder of accused person

Chapter XIIAuthorities Having Power to Award Punishments

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

Chapter XIIIProcedure of courts-martial · Rules as to evidence · Compensation to aggrieved persons out of fine · Power of courts-martial respecting contempt, etc · Lunacy of accused · Disposal of property

Procedure 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

Rules as to evidence

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

Compensation to aggrieved persons out of fine

138Power of court to pay compensation out of fine

Power of courts-martial respecting contempt, etc

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

Lunacy of accused

143Accused found insane during trial
144Lunacy of the accused at the time of offence

Disposal of property

145Disposal of property pending trial
146Disposal of property regarding which offence is committed

Chapter XIVExecution of Sentences

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

Chapter XVJudicail Review of Courts-martial Proceedings

160Judicial review by the Judge Advocate General of the Navy
161Consideration by the Chief of the Naval Staff

Chapter XVIModifications of Findings and Sentences, Pardons and Commutation Remission and Suspension of Sentences

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

Chapter XVIIOffences in Relation to Courts-martial, Disciplinary Courts and Prisons

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

Chapter XVIIIJudge Advocate General of the Navy and Officers of His Department

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

Chapter XIXDisposal of the Private Property of Persons Deceased, Missing, etc.

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

Chapter XXRegulations

184Power to make regulations
184APower to make regulations with retrospective effect
185Regulations to be laid before Parliament

Chapter XXIRepeals and Savings

186Repeals
187Provisions as to existing naval forces, appointments, etc

Chapter XXIITransitory Provisions

188Power of officers of the Royal Navy

Previous: Section 39 Next: Section 41

The Navy Act, 1957 40Chapter VIII · Articles of War

Section 40 · Improper communication with the enemy

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Every person subject to naval law who without any traitorous intention holds any improper communication with the enemy shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned.

The offence at a glance

Maximum punishment: 14 years
Triable by: Court-martial (the Force's own court)

Under this Act's own provision

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