Power of courts-martial respecting contempt, etcCentral

Section 141 of The Navy Act, 1957

When any such offence as is described in section 165 of this Act, or section 193, section 194, section 195, section 196, section 199, section 200, section 228, section 463 or section 471 of the Indian Penal Code (45 of 1860) is committed by any person not subject to naval law in or in relation to a proceeding before a court-martial, such court-martial or the officer ordering the same if such court-martial is dissolved, may exercise the powers 1[under section 340 of the Code of Criminal Procedure, 1973 (2 of 1974)], as if it or he were a criminal court within the meaning of that section.

Summary

This provision gives courts-martial the powers of a criminal court to handle specific offences committed by civilians.
It applies when persons not subject to naval law commit certain offences, like giving false evidence, in relation to a court-martial.
The court-martial can exercise powers under section 340 of the Code of Criminal Procedure, 1973.
If the court-martial has already been dissolved, the officer who ordered the court-martial can exercise these powers instead.

Practical examples

1On August 14, 2022, a civilian contractor named Amit presents forged financial documents to a court-martial. The naval court uses its criminal court powers to address the forgery directly.

2A civilian named Sunita lies under oath during a naval trial on January 10, 2025. After the trial ends and the court dissolves, the officer who originally ordered the court takes action against her for giving false evidence.

FAQ

1. Does a court-martial act like a criminal court under Section 141 of The Navy Act, 1957?

Yes, under Section 141 of the Act, a court-martial can exercise the powers of a criminal court for certain offences.

2. Which procedural law applies to Section 141 of the Navy Act?

Under Section 141 of the Navy Act, the court exercises powers under section 340 of the Code of Criminal Procedure, 1973.

3. What if the court is dissolved before acting under Section 141 of the naval law?

Under Section 141 of the naval law, if the court-martial is dissolved, the officer who ordered the court can exercise the powers.

Test yourself

Q1.Under Section 141 of The Navy Act, 1957, whose powers can a court-martial exercise?

Q2.According to Section 141 of the Navy Act, what happens if the court-martial is already dissolved when the offence needs to be addressed?

Q3.Which class of persons is targeted by Section 141 of the naval law?

Q4.Which specific legal framework is referenced for the powers used in Section 141 of The Navy Act, 1957?

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