Section 144 of The Navy Act, 1957
- (1)Whenever any person subject to naval law is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall specifically state whether he committed the act or not.
- (2)Whenever the finding made under sub-section (1) states that the accused person committed the act alleged, the court-martial shall, if such act would, but for the incapacity found, have constituted an offence, order such person to be detained in safe custody in such place and in such manner as may be prescribed and shall report the action taken to the officer convening the court.
- (3)The officer convening the court shall then report the case for the orders of the Central Government and shall take necessary steps to detain the said person in safe custody pending receipt of such orders.
- (4)The Central Government may on receipt of a report under sub-section (3) order the accused person to be detained in a mental hospital or other suitable place of safe custody.
Summary
- This provision determines how to handle an accused person who is acquitted because they were legally insane at the exact time they committed the offence.
- The court-martial must explicitly state in its finding whether the accused actually committed the act or not.
- If they committed the act, the court orders them into safe custody and reports to the convening officer.
- The convening officer detains them and reports to the Central Government, which can order detention in a mental hospital or other suitable place.
Practical examples
FAQ
1. What must the finding state under Section 144 of The Navy Act, 1957 if someone is acquitted due to lunacy?
Under Section 144 of the Act, the finding must specifically state whether the accused committed the act or not.
2. What happens if the accused committed the act under Section 144 of the Navy Act?
Under Section 144 of the Navy Act, the court-martial orders the person to be detained in safe custody and reports the action to the convening officer.
3. Where can the Central Government place the person under Section 144 of the naval law?
Under Section 144 of the naval law, the Central Government can order the accused to be detained in a mental hospital or other suitable place of safe custody.
Test yourself
Q1.Under Section 144 of The Navy Act, 1957, what specific detail must the court's finding include when acquitting someone for lunacy?
Q2.According to Section 144 of the Navy Act, who does the court-martial report to after ordering safe custody?
Q3.Under Section 144 of the naval law, what is the responsibility of the convening officer after receiving the court's report?
Q4.How does Section 143 of The Navy Act, 1957 differ from Section 144 of the Act regarding the timing of the lunacy?