Section 142 of The Navy Act, 1957
Any trial by a court-martial or disciplinary court under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860), and the court-martial or disciplinary court shall be deemed to be a court within the meaning of 1[sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).]
Summary
- This provision legally defines trials by courts-martial and disciplinary courts as judicial proceedings.
- It places these naval trials under the scope of sections 193 and 228 of the Indian Penal Code.
- It also deems courts-martial and disciplinary courts to be regular courts under sections 345 and 346 of the Code of Criminal Procedure, 1973.
- This ensures that offences during naval trials carry the same legal weight as those in civilian courts.
Practical examples
FAQ
1. Are naval trials considered judicial proceedings under Section 142 of The Navy Act, 1957?
Yes, Section 142 of the Act explicitly deems trials by courts-martial or disciplinary courts to be judicial proceedings.
2. Does Section 142 of the Navy Act make a court-martial equivalent to a civilian court for contempt?
Yes, Section 142 of the Navy Act deems them to be courts within the meaning of specific sections of the Code of Criminal Procedure, 1973.
3. Which courts are covered by Section 142 of the naval law?
Section 142 of the naval law covers trials by both courts-martial and disciplinary courts.
Test yourself
Q1.Under Section 142 of The Navy Act, 1957, trials are deemed judicial proceedings within the meaning of which law?
Q2.Which two types of naval tribunals are specifically named in Section 142 of the Navy Act?
Q3.According to Section 142 of the naval law, the naval courts are deemed courts under which specific procedural code?
Q4.What is the primary effect of Section 142 of The Navy Act, 1957 on a disciplinary court?