Section 84 of The Navy Act, 1957
- (1)Any person subject to naval law may be ordered without warrant into naval custody by any superior officer for any offence triable under this Act.
- (2)A person subject to naval law may arrest without warrant any other person subject to naval law though he may be of a higher rank who in his view commits an offence punishable with death, or imprisonment for life or for a term which may extend to fourteen years.
- (3)A provost-marshal may arrest any person subject to naval law in accordance with the provisions of section 89.
- (4)It shall be lawful for the purpose of effecting arrest, or taking a person into custody, without warrant to use such force as may be necessary for the purpose.
Summary
- This section allows a superior officer to order any person subject to naval law into naval custody without needing a written warrant for any triable offence.
- Any person under naval law can arrest someone else without a warrant, even a higher ranking person, if they see them committing a crime punishable by death, life in prison, or imprisonment up to fourteen years.
- Provost marshals are granted specific powers to arrest personnel without a warrant in line with their assigned duties.
- Just like arrests made with a warrant, it is lawful to use necessary physical force to effect an arrest or take someone into custody without a warrant.
Practical examples
FAQ
1. Can a junior sailor arrest a senior officer under Section 84 of the Navy Act, 1957?
Yes, Section 84 of the Navy Act allows a person subject to naval law to arrest someone of higher rank without a warrant, provided they view the senior person committing an offence punishable by death, life imprisonment, or imprisonment up to fourteen years.
2. Does an officer always need a warrant to detain someone under Section 84 of the Navy Act?
No, Section 84 of the 1957 naval law permits any superior officer to order a person subject to naval law into custody without a warrant for any offence triable under the Act.
3. Are provost marshals allowed to arrest people without warrants under Section 84 of the defence law?
Yes, Section 84 of the Navy Act confirms that a provost marshal can arrest a person subject to naval law without a warrant in accordance with their established duties.
Test yourself
Q1.Under Section 84 of the Navy Act, 1957, what condition must be met for a junior person to arrest a higher ranking person without a warrant?
Q2.According to Section 84 of the Navy Act, 1957, what kind of offence allows a superior officer to order someone into custody without a warrant?
Q3.Based on Section 84 of the Navy Act, 1957, who is explicitly mentioned as having the ability to make arrests without a warrant besides regular naval personnel?
Q4.How does the use of force compare between Section 83 and Section 84 of the Navy Act, 1957?