Section 93 of The Navy Act, 1957
- (1)An offence triable under this Act may be tried and punished by court-martial.
- (2)An offence not capital which is triable under this Act and which is committed by a person other than an officer (and in cases by this Act expressly provided for when committed by an officer), may, subject to regulations made under this Act be summarily tried and punished by the commanding officer of the ship to which the offender belongs at the time either of the commission or of the trial of the offence, subject to the restriction that the commanding officer shall not have power to award imprisonment or detention for more than three months, or to award dismissal with disgrace from the naval service: Provided that no sentence of imprisonment or dismissal shall be carried into effect until approved by the prescribed authorities.
- (3)The power by this section vested in a commanding officer of a ship may, subject to regulations made under this Act,--
- (a)as respects 1[sailors] on board a tender to the ship, be exercised in the case of a single tender absent from the ship, by the officer in command of such tender and in the case of two or more tenders absent from the ship in company or acting together, by the officer in immediate command of such tenders;
- (b)as respects [sailors] on board any boat belonging to the ship, be exercised when such boat is absent on detached service by the officer in command of the boat;
- (c)as respects 1[sailors] on detached service either on shore or otherwise, be exercised by the officer in immediate command of those persons;
- (d)as respects 1[sailors] quartered in naval barracks, be exercised by the officer in command of the barracks;
- (e)as respects 1[sailors] attached to or serving with any body of the regular Army or the Air Force under prescribed conditions be exercised by the commanding officer of any such body of the regular Army or the Air Force.
- (4)The commanding officer of a ship or barracks may delegate the power of awarding punishments inferior in scale to dismissal, to other officers under his command in accordance with the regulations made under this Act.
Summary
- The single most important thing this provision does is give power to courts-martial and commanding officers to try and punish offences.
- A court-martial can try and punish any offence that is triable under this Act.
- A commanding officer can summarily try non-capital offences committed by sailors, which means holding trials without a full court-martial.
- A commanding officer cannot give punishments of more than three months of jail or dismissal with disgrace.
- Sentences of imprisonment or dismissal from a commanding officer must be approved by higher authorities before they happen.
- Commanding officers can pass down limited punishing powers to lower officers for sailors in specific situations like detached service or barracks.
Practical examples
FAQ
1. What kind of courts can try offences under Section 93 of The Navy Act, 1957?
Under Section 93 of The Navy Act, 1957, any offence triable under the Act can be tried and punished by a court-martial.
2. Can a commanding officer put a sailor in prison for a year under Section 93 of the naval rules?
No, Section 93 of The Navy Act, 1957 limits the commanding officer's power, so they cannot award imprisonment or detention for more than three months.
3. Does a commanding officer's sentence of dismissal happen immediately under Section 93 of the 1957 Navy law?
No, Section 93 of The Navy Act, 1957 states that no sentence of imprisonment or dismissal can be carried out until it is approved by the prescribed authorities.
4. Can a commanding officer give their punishing powers to someone else under Section 93 of the naval discipline rules?
Yes, under Section 93 of The Navy Act, 1957, a commanding officer of a ship or barracks can delegate powers for lower-level punishments to other officers under their command.
Test yourself
Q1.What is the maximum length of imprisonment a commanding officer can award under Section 93 of The Navy Act, 1957?
Q2.Which punishment is a commanding officer completely forbidden from giving under Section 93 of The Navy Act, 1957?
Q3.If a commanding officer summarily sentences a sailor to dismissal, what must happen next according to Section 93 of The Navy Act, 1957?
Q4.Under Section 93 of the naval discipline law, who can exercise summary punishment powers for sailors on a detached boat?
Q5.Can a commanding officer summarily try a capital offence under Section 93 of The Navy Act, 1957?