Section 86 of The Navy Act, 1957
The charge made against any person subject to naval law taken into custody shall without any unnecessary delay be investigated by the proper authority and as soon as may be either proceedings shall be taken for the trial or such person shall be discharged from custody.
Summary
- This provision guarantees that a naval offender will not languish in custody without an active investigation.
- The charge against anyone taken into custody must be investigated by the proper authority without any unnecessary delay.
- After the investigation, authorities must quickly decide either to proceed with a trial or to discharge the person from custody.
Practical examples
FAQ
1. Can the navy hold someone indefinitely before looking into the crime under Section 86 of the Navy Act, 1957?
No, Section 86 of the Navy Act requires that any charge against a person in custody must be investigated by the proper authority without unnecessary delay.
2. What happens after the investigation is finished according to Section 86 of the Navy Act?
Under Section 86 of the 1957 naval statute, authorities must decide as soon as may be to either start trial proceedings or discharge the person from custody.
3. Who is responsible for investigating a charge after an arrest under Section 86 of the Navy Act?
Section 86 of the Navy Act simply states that the charge must be investigated by the "proper authority".
Test yourself
Q1.According to Section 86 of the Navy Act, 1957, what are the two possible outcomes that must happen "as soon as may be" following an investigation?
Q2.What is the primary timeframe given in Section 86 of the Navy Act, 1957 for investigating a charge?
Q3.If someone is held past the 48-hour limit described in Section 85 of the Navy Act, 1957, how does Section 86 apply?
Q4.Under Section 86 of the Navy Act, 1957, who exactly is mandated to investigate the charge?