Section 75 of The Navy Act, 1957
Every person subject to naval law who attempts to commit any of the offences specified in sections 34 to 74 and 76 and in such attempt does any act towards the commission of the offence shall, where no express provision is made by this Act for the punishment of such attempt, be punished,--
- (a)if the offence attempted to be committed is punishable with death, with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned, and
- (b)if the offence attempted to be committed is punishable with imprisonment, with one-half of the maximum punishment provided for the offence or with such other punishment as is hereinafter mentioned.
Summary
- This provision sets out the penalties for someone who attempts to commit a naval offence but does not complete it.
- It applies when a person takes an actual step towards committing a crime listed in sections 34 to 74 and 76.
- If the attempted crime normally carries the death penalty, the attempt is punished with up to fourteen years in prison.
- If the attempted crime is normally punished by imprisonment, the attempt is punished with up to half of that maximum prison term.
- It only applies if the law does not already have a specific rule for punishing that particular attempt.
Practical examples
FAQ
1. Under Section 75 of The Navy Act, 1957, what happens if someone attempts a crime that usually carries the death penalty?
Under Section 75 of the naval law, the attempt is punishable by up to fourteen years of imprisonment.
2. How does Section 75 of the 1957 Navy Act punish attempts of crimes that normally carry a prison sentence?
Section 75 of the Act punishes these attempts with up to one-half of the maximum prison sentence provided for the completed offence.
3. Does Section 75 of the naval statute apply if another rule already punishes the attempt?
No, Section 75 of the 1957 Act only applies where no express provision is made elsewhere in the Act for punishing that specific attempt.
Test yourself
Q1.Under Section 75 of The Navy Act, 1957, what is the maximum penalty for attempting a crime that is normally punishable by death?
Q2.Under Section 75 of the naval law, how is an attempt penalized if the completed offence is normally punishable by imprisonment?
Q3.According to Section 75 of the 1957 Act, what physical requirement is necessary to be guilty of an attempt?
Q4.If a sailor attempts to commit an act prejudicing good order under Section 74, which carries a 3-year maximum sentence, what is the maximum prison sentence for the attempt under Section 75 of The Navy Act, 1957?