Section 146 of The Navy Act, 1957
- (1)When the trial before any court-martial is concluded, the court may make such order as it thinks fit for the disposal by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise of any property or document produced before it or in its custody or regarding which an offence appears to have been committed or which has been used for the commission of any offence: Provided that except in the case of property which is subject to speedy or natural decay such property or document shall, if so required by regulations, made under this Act, be kept in custody until the orders of the Chief of the Naval Staff are known.
- (2)An order under sub-section (1) shall not be carried out for one month, unless the property is subject to speedy or natural decay.
- (3)When an order under this section cannot be conveniently carried out by persons in the naval service, a copy of such order certified by the Chief of the Naval Staff or an officer prescribed in this behalf, may be sent to a magistrate within whose jurisdiction the property is for the time being situate and such magistrate shall thereupon take steps to cause the order to be carried into effect as if it were an order passed by him. Explanation.-- In this section the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged and anything acquired by such conversion or exchange whether immediately or otherwise.
Summary
- This provision outlines how a court-martial can dispose of, destroy, confiscate, or return property once a trial has concluded.
- It covers any property or document produced before the court or in its custody regarding an offence.
- Unless an item rots quickly, the disposal order cannot be carried out for one month.
- If naval staff cannot easily carry out the order, a certified copy can be sent to a local magistrate to enforce it.
- The definition of property includes anything the original item was converted or exchanged into, like buying a car with stolen cash.
Practical examples
FAQ
1. How long must a court wait to carry out a property order under Section 146 of The Navy Act, 1957?
Under Section 146 of The Navy Act, 1957, an order for property disposal shall not be carried out for one month, unless the item is subject to speedy or natural decay.
2. What happens if naval staff cannot easily dispose of property under Section 146 of the 1957 naval law?
Section 146 of The Navy Act, 1957 states a certified copy of the order can be sent to a local magistrate, who will then carry it out as if they made the order themselves.
3. Does Section 146 of The Navy Act, 1957 cover items bought with stolen money?
Yes, Section 146 of the naval law includes an explanation that property means not only the original item but also anything it was converted or exchanged into.
4. Who certifies the order sent to a magistrate under Section 146 of The Navy Act, 1957?
Under Section 146 of The Navy Act, 1957, the order must be certified by the Chief of the Naval Staff or an officer prescribed for this duty.
Test yourself
Q1.Under Section 146 of The Navy Act, 1957, when can an order to dispose of non-decaying property generally be carried out?
Q2.According to Section 146 of the 1957 naval law, what must happen to property if required by regulations?
Q3.If naval personnel cannot carry out a property disposal order under Section 146 of The Navy Act, 1957, who can they send a certified copy to?
Q4.How does the explanation in Section 146 of The Navy Act, 1957 define property?
Q5.Which of the following is a key difference between Section 145 and Section 146 of The Navy Act, 1957?