Indian Navy Act 1855, 3 of 1855, (Rep., Act 8 of 1868)

Section 111. If it shall appear that a deserter has been concealed on board any Penalty on Master in Merchant Ves

Repealed or not in force · As amended up to 2026-08

111. If it shall appear that a deserter has been concealed on board any Penalty on Master in Merchant Vessel, and that the Master or person in charge certain cases, if a deserter be concealed on[of Vessel for the time being, though ignorant of the ] board his ship. fact of concealment, might have known of the same but for some neglect of his duty as Master or prson, or for the want of proper discipline on board his Vcssel, Blaster or person shall be liable to a fine not excecding five h~mdred Rupees. Provided always that no conviction for minor offelkc as is lastly hereinbefore described, shall be law- ful . / ful~unless the same Shall be stated in the charge which the party is called upon to anemor ; and in snch charge it shall be lam&~l to in the alternative that the party has either knowingly harboured or Charge ma1 be in the alternative. concealed a'deserter on board his Vessel, or has, by neglect of duty, or by reason of the want of proper discipline on board the Vessel, allowed suclf deserter to be so concealed. IV. Any person, whether a Eyopean British subject or not, ~ ~ 1 1 0 shall be guilty of an offence punishable wider this Act, shall Jurisdiction. be punishable for the same by any Justice of the Peace for any of the Presidency ~orbns of Calcutta, Ebadras, and Bombay, or for any of the Scttlerileiits of Prince of Wales' Island, Sihgapore, and Xagistrate, Joint Magistrate, or person lawfully exercising the powersfof a 3IaJgist~1.ate in any Port within the territories of the East India Company, ~vithin whose jurisdiction the offence inay have beell conmlitted, or persol; may have been appreheiided or found, whether the offence shall have been committed within the local limits of %he jurisdictioii of . officer or not; and any person hereby Ladk punishable by a Justice of the Peace, shall be punishable on sununary conviction. V V. No conr~ictioii, order, or judgilwnt of any Justice of the , Peace Conviction to be shall be quashed for error of folb; or procedure, but only quashed mer!ts 011 the merits ; and it shall not be necessary to state 011 ooly ; form of convlcthe face of the conviction, order, .or judgment, tlie ,eviQtiO"~ dence on which it proceeds ; but the depositioils taken, or a copy of t 8. w , shall be returned with the conviction, order, or judgiiient, i11 obedience to any writ 'of lce~tiora.ri ; and if no jurisdictioii appeaxs on tlie face of the ~on\ictioll, order, 01- judgment, but the depositions taken supply that defect, the conviction, 'order, or judglnent shall be aided by wlmt so appears in depositions. ACT KO. I11 OF 1855. VII. Whenever, on information given on oath or solemn affirmation, where.bg law a solemn asrnlation may be used instead of Commander-in-Chief of Indian Navy, &c., an oath, to the Commander-in-Chief of the Indian Navy, may issue Warrants for , apprehellsion of deOr other person who shall be in the-~erformance of the dusertew. ties of Superintendent of the Indian Navy, or his Deputy, or; in their absence, to the Senior Officer of the Indian Navy at any Port or place within the territories of the East India Company, which oath or affirmation the several persons above-named shall severally under this Act have power to administer, or whenever, on information as aforesaid, given to 2nS Justice of the Peace, Magistrate, Joint magistrate, or person lawfully exercising the pow& of a Magistrate, bving jurisdiction within Port or place, tliere shall appear reason to suspect that any Officer, Seaman, or other per- " son belonging to the Indiaii Navy, who may have deserted or be absent with,out leave, is on board any Shicp, Vessel, or Boat, or is concealed on shore at 9 any Port or place within the territories of the East India Company, it shall be lawful for sucl~~,Commander-in-Chief of the Indian Navy, or person performing the duties of Superintendent of the Indian Navy, or his Deputy, or Senior Officer, or Justice of the Peace, Magistrate, Joint Magistrate, or person lawfully exercising the powers of a Magistrate as aforesaid, to -issue a Warant authorizing the persAn or persons to whom Warrant may be addressed to enter into and search, at any time of the day or night, any Ship, Vessel, or Boat, or any house or place on shore, anci to apprehend any Officer, Seaman, or person belonging to the Indian Navy, and to detqin d i m in custody in order to his being dealt with according to Law. VIII. The Warrant to be issued uncler the preceding Section may be Warrant to whom to[addressed to any person in the Indian Navy, or to all ] be acldressed, aud by Constables, Peace Officers, and other persons who may be whom to be executed. bound to execute the MTarrant of any Justice of the Peace, Magistrate, Joint Magistrate, or person lawfully exercising the powers of a Magistratc, and acting in the execktion of this Act ; and all persons shall-be bound to exec~~te, perform, and obey Warrant. IX. Evely person who shall be apprehended as a deserter from the Indian Navy, under any Farrant under tile 7th Section Persons apprchended horn to `BC` dealt of this Act, shall be brought without delay before a J U S ~ with, kc. t i ~ e of the Peace, Magistrate, Joint Jfagistl-ate, or person iamfully exn.rcising idk powers of a Magistrate in or near the place phereio , ' I I f I A,, ACT No. I11 OF 1855. I

Source: India Code