Section 49 of The Navy Act, 1957
- (1)Every person subject to naval law who absents himself from his ship or from the place where his duty requires him to be, with an intention of not returning to such ship or place, or who at any time and under any circumstances when absent from his ship or place of duty does any act which shows that he has an intention of not returning to such ship or place is said to desert. (2) Every person who deserts shall,--
- (a)if he deserts to the enemy, be punished with death or such other punishment as is hereinafter mentioned; or
- (b)if he deserts under any other circumstances, be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned; and in every such case he shall forfeit all pay, head money, bounty, salvage, prize money and allowances that have been earned by him and all annuities, pensions, gratuities, medals and decorations that may have been granted to him and also all clothes and effects which he may have left on board the ship or the place from which he deserted, unless the tribunal by which he is tried or the Central Government or the Chief of the Naval Staff, otherwise directs.
Summary
- Section 49 of the defence law defines and punishes the crime of desertion.
- Desertion happens when a person leaves their ship or duty with the intention of never returning.
- Deserting to the enemy is punishable by the death penalty.
- Deserting under any other circumstances carries a maximum prison sentence of fourteen years.
- Deserters forfeit all their pay, medals, and personal belongings left on the ship unless a specific authority steps in.
Practical examples
FAQ
1. How does Section 49 of The Navy Act, 1957 define desertion?
Section 49 of the Act defines it as being absent from a ship or duty place with the intention of not returning.
2. What is the punishment for deserting to the enemy under Section 49 of the military law?
Under Section 49 of the Act, deserting to the enemy is punished with death or other lesser punishment.
3. Do I lose my medals if I desert under Section 49 of The Navy Act, 1957?
Yes, Section 49 of the naval law says you forfeit all medals and decorations unless the tribunal, Central Government, or Chief of the Naval Staff directs otherwise.
Test yourself
Q1.According to Section 49 of The Navy Act, 1957, what specific intention turns an absence into a desertion?
Q2.Under Section 49 of The Navy Act, 1957, what is the maximum punishment for deserting in circumstances that do not involve the enemy?
Q3.Which authority has the power to stop the forfeiture of a deserter's effects under Section 49 of The Navy Act, 1957?
Q4.Under Section 49 of The Navy Act, 1957, what happens to the clothes left on board by a deserter?