Section 92 of The Navy Act, 1957
The following persons may be charged and tried together, namely:--
- (i)persons accused of the same offence committed in the course of the same transaction;
- (ii)persons accused of an offence and persons accused of abetment of, or an attempt to commit, such offence; and
- (iii)persons accused of different offences committed in the course of the same transaction: Provided that in a trial by a court-martial the trial judge advocate may, on the application made in this behalf by any accused, direct that each of the accused be tried separately by the same court-martial.
Summary
- The single most important thing this provision does is explain when multiple accused people can be tried together in the same trial.
- People who commit the exact same crime together during the same event can be tried together.
- Someone who actually commits a crime and someone who helps or attempts it can be tried together.
- People who commit different crimes during the very same event can also be tried together.
- The trial judge advocate can grant a separate trial for an accused person if they submit an application for one.
Practical examples
FAQ
1. Can people who commit a crime together be tried together under Section 92 of The Navy Act, 1957?
Yes, Section 92 of The Navy Act, 1957 allows persons accused of the same offence committed in the same transaction to be tried together.
2. If someone just helped commit a crime, can they be tried with the main offender under Section 92 of the naval law?
Yes, Section 92 of The Navy Act, 1957 says persons accused of an offence and persons accused of abetment of that offence can be tried together.
3. Can an accused person ask for their own separate trial under Section 92 of the 1957 Navy rules?
Yes, under Section 92 of The Navy Act, 1957, the trial judge advocate may direct that an accused be tried separately if the accused applies for it.
Test yourself
Q1.According to Section 92 of The Navy Act, 1957, which of the following groups of people can be tried together?
Q2.If Sailor X commits an offence and Sailor Y attempts it, how are they handled under Section 92 of The Navy Act, 1957?
Q3.Who has the power to order separate trials for co-accused people under Section 92 of the naval discipline law?
Q4.What must an accused person do to get a separate trial under Section 92 of The Navy Act, 1957?