Section 22 of The Navy Act, 1957
- (1)No President or other member of a court-martial or disciplinary court, no judge, advocate, no party to any proceeding before a court-martial or disciplinary court or no advocate or agent of such party, and no witness acting in obedience to a summons to attend a court-martial or disciplinary court shall, while proceeding to, attending or returning from, a court-martial or disciplinary court, be liable to arrest under any civil or revenue process. (2) If any such person is arrested under any such process, he may be discharged by order of the courtmartial or disciplinary court, as the case may be.
Summary
- The single most important thing this provision does is protect individuals involved in naval court proceedings from being arrested for civil or tax matters while participating in those proceedings.
- This protection covers presidents, members, judges, advocates, parties, and summoned witnesses.
- The immunity applies while the person is traveling to, attending, or returning from the court-martial or disciplinary court.
- The protection only applies against arrests under civil or revenue processes, which means non-criminal legal actions like debt collection or tax disputes.
- If someone is wrongfully arrested in violation of this rule, the naval court itself has the power to order their release.
Practical examples
FAQ
1. Who exactly is protected from arrest under Section 22 of The Navy Act, 1957?
Section 22 of the naval law protects the president and members of the court, the judge, advocates, parties to the proceeding, and any witness who has been summoned to attend.
2. Can a witness be arrested for a crime while attending a court-martial under Section 22 of the Indian Navy Act?
Yes, Section 22 of the Act only provides immunity from arrest under a civil or revenue process, so an arrest for a criminal offense is still permitted.
3. Who has the authority to release someone arrested unlawfully under Section 22 of the 1957 Navy Act?
If someone is arrested in violation of Section 22, the court-martial or disciplinary court that the person was attending has the authority to order their immediate discharge.
Test yourself
Q1.Under Section 22 of The Navy Act, 1957, which of the following actions is a summoned witness protected from while returning from a disciplinary court?
Q2.Which of the following individuals is explicitly granted immunity from civil arrest under Section 22 of the 1957 Navy Act?
Q3.According to Section 22 of the naval law, what is the remedy if a judge advocate is unlawfully arrested for a revenue matter while attending a court-martial?
Q4.Under Section 22 of The Navy Act, 1957, when does the immunity from civil arrest begin and end for a person involved in a court-martial?