Section 126 of The Navy Act, 1957
If the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged under section 91, he may be convicted of the offence which he is shown to have committed although he was not charged with it.
Summary
- This provision lets a court-martial convict someone of a different crime than the one they were originally charged with.
- It applies if the evidence during the trial shows the person actually committed this different offence.
- This is only allowed if the person could have been charged with that different crime under Section 91 of the law.
- Section 91 is about acts that could amount to different offences.
Practical examples
FAQ
1. Can a court-martial convict me of a crime I was not charged with under Section 126 of The Navy Act, 1957?
Yes, under Section 126 of the naval law, you can be convicted of a different offence if the evidence shows you committed it, provided you could have been charged with it under Section 91.
2. Does Section 126 of the 1957 Navy Act allow conviction for any random offence?
No, Section 126 of the Act specifies that the different offence must be one for which you might have been charged under Section 91.
3. What triggers the use of Section 126 in The Navy Act, 1957?
Section 126 of the navy rules is triggered when the evidence presented at trial shows that the accused committed a different offence than the one on the charge sheet.
Test yourself
Q1.What is the main action allowed by Section 126 of The Navy Act, 1957?
Q2.Under Section 126 of the naval law, what determines if an alternative finding is possible?
Q3.Section 126 of The Navy Act, 1957 mentions another section that governs when someone could have been charged with the different offence. Which section is it?
Q4.If a person is charged with one offence under The Navy Act, 1957, what must happen for Section 126 to be used?