Section 69 of The Navy Act, 1957
Every person subject to naval law, who,--
- (a)being duly summoned or ordered to attend as a witness before a court-martial wilfully or without reasonable excuse fails to attend; or
- (b)refuses to take an oath or make an affirmation legally required by a court-martial to be taken or made; or
- (c)being sworn, refuses to answer any questions which he is in law bound to answer; or
- (d)refuses to produce or deliver up a document in his power which the court may legally demand; or
- (e)is guilty of contempt of court-martial; shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.
Summary
- This provision outlines the punishments for interfering with or disrespecting a court-martial process.
- It penalises people who fail to attend as a witness without a reasonable excuse when summoned or ordered.
- It makes it an offence to refuse to take a legally required oath or affirmation.
- It is a crime to refuse to answer questions you are bound by law to answer, or to refuse to produce a demanded document.
- Being guilty of general contempt of a court-martial is also covered under this rule.
- Offenders face up to three years of imprisonment or a lesser penalty.
Practical examples
FAQ
1. Can a sailor be punished for skipping a hearing under Section 69 of The Navy Act, 1957?
Yes, failing to attend as a witness without a reasonable excuse is punishable under Section 69 of The Navy Act, 1957.
2. What is the maximum prison sentence for contempt of court under Section 69 of the naval law?
A person can be punished with imprisonment for up to three years under Section 69 of the naval law.
3. Do I have to give the court my documents under Section 69 of the 1957 Act?
Yes, refusing to produce or deliver a document in your power which the court may legally demand is an offence under Section 69 of the 1957 Act.
Test yourself
Q1.If a sailor refuses to take an oath at a court-martial, how do Section 68 and Section 69 of The Navy Act, 1957 interact?
Q2.What is the maximum penalty for refusing to answer a legally binding question under Section 69 of the naval law?
Q3.According to Section 69 of the 1957 Act, what must be true for failing to attend as a witness to be considered an offence?
Q4.Which of the following is explicitly listed as an offence under Section 69 of The Navy Act, 1957?