The Navy (Amendment) Act, 1974, 53 of 1974 (Rep., Act 38 of 1978)

Section 7. For sections 34 to 37 of thd principal Act, the following sectians following sectians shall be substituted, namely:\

Repealed or not in force · As amended up to 2026-08

7. For sections 34 to 37 of thd principal Act, the following sectians following sectians shall be substituted, namely:\ "34. Every flag officer, captdn or other person subject to naval law who, being in command of iny ship,bvessel or aircraft of the Indian Navy, or any naval establibhment- Miscon"34. Every flag officer, captdn or other person subject to naval duct by law who, being in command of iny ship,bvessel or aircraft of the officers persons or in ' Indian Navy, or any naval establibhment\ com- i (a) fails to use his utmost exertions to bring into action any mand. ; such ship, vessel or aircraft hhich it is his duty to bring into (a) fails to use his utmost exertions to bring into action any such ship, vessel or aircraft hhich it is his duty to bring into action; or i (b) surrenders any such: ship, vessel or aircraft to the enemy when it is capable of deing successfully defended or destroyed; or 4 1 (c) fails to pursue the whom it is his duty to. pursue or to assist to the utmost any friend whom it is his duty to assist; or 4 (d) in the course of any ahion by or against the enemy improperly withdraws from the iction or from his station or fails in his own person and accordi to his rank t~ encourage the persons under his command courageously; or (e) surrenders any such na .a1 establishment or arty part of such an establishment to the en k my whsz it is capable of being successfully defended or when i\ is his duty to causeXit to be destroyed. I -. - -. .. - a -- :,.$&. shall,- (a) if such act is committed intent to assist the enemy or from cowardice, be punished or such other punishment as is hereinafter (b) in any other case, be with impris~nn~ent for a term which may extend to or such other punishment as is hereinafter mentioned. as is hereinafter mentioned. 35. Every person sutbject to naval law who, not being in cornmand of any naval establishment or a / y ship, vessel or aircraft of the Indian Navy, fails when ordered tp prepare for acticjrl by or against the enemy, or during any such action, to use his utmost exertions to carry the lawfi~l orders of \his superior offibers ~ n t o execution shall,-! (a) if such act is committed with intent to assist ihe enemy, be punished with death or such otper punishment as is hereinafter mentioned; and \ ( b ) in any other case, be punisbed with imprisonment for a term which may extend to seven ye&rs or such other punishment as is hereinafter mentioned. ( b ) in any other case, be punisbed with imprisonment for a term which may extend to seven ye&rs or such other punishment as is hereinafter mentioned. 36. Every person subject to naval aw who wilfully delays or discourages upon a.ny pretext whatsoev r, any action ur service i which has been commanded on the partiof the Navy, regular Army, or Air Force or of any forces co-operatin therewith shall,- 4 (a) if such act is committed wit$ intent to assist the enemy, be punished with death or sucl? othgr punishmeilt as is hereinafter mentioned; and (b) in ar;y other case, be punished with imprisonment which may extend to seven years or such other punishment as is he'reinafter mentioned. \ 1 37. Every person subject to naval law:who, being in the presence or vicinity of the enemy or having been brdered to be prepared for action by or against the enemy- i i (a) deserts his post; or ( b ) sleeps upon his watch, i shall be punished with death or such othek punishment as is hereinafter mei?tioned.". t 8, In section 41 of the principal Act, for ciause (c), the following ! clause shall be substituted, namely: - "(e) fails to perform or negligently pdrforms the duty imposed on him; or". 9: For section 42 of the principal Act, the fo\lowing section shall he substituted, namely: - 'i f "42. Mutiny means any assembly or combipation of two or more persons .. ... subject to naval-law, the @ . ~ y Act, \$A?, or!..t$e:Air Force , Act; 1950, 'or bet4ep.y ~ - . -. . . ~ , . ,. pixsons .,.. . t$o. . . . . . it'iea~t .. . 6f n e a l i a w or any . . . . - . . such . Act,. . . . .. . . . ... . . . . , , . . . . ' . `(4)` , `la` o$,e~thr.~l;:-' . . . , . . `o ~ ,` r~sigt :.lq.yqfgl.. $. . , JGiw-4 . .. `1` . , . rzgu@~~: +3%1,~y. : 4' Farce: . . - . .- . . or . aqy,: t I Misconduct by persons other than those in command, ' D eA ay i~n-g or disJ. couraging action or service commanded. . . . . . ... penal!,^. . . fordisi," , obedience,, . in ad$#?_ .. ,.i ,. `1` `k n` endment of - section 41. Substitution of new section for section 42. Mutiny defin58.: 63g. r Navy (Amendment) them or arly forces co-operati \g or (b) with operations against, the e 1 emy; or (c) stances as to make such -4 - `[ACT` $3 them or arly forces co-operati \g therewith or any part thereof; or (b) to disobey such auth rity in such circumstances as to make the disobedience subver ive of discipline or with the object of avoiding any duty o service against, or in connection with operations against, the e emy; or (c) to show contempt to such authority in such circumstances as to make such ct subversive of discipline; or (d) to impede the perforn ance of any duty or service in the i Navy, regular Army or Air R r c e or any part of any one or I niore of them or any forces qo-operating therewith or any part thereof!'. `L` PO. In section 43 of the principal Ac$ in clause (e) , after the words "to suppress", the words "or prevent" shall be inserted. . Amendment of section 43, Amendment of section 51. 11. In section 51 of the principal AC!, after the words "place of duty", the words "or any place where he is required to be7' shall be inserted. 12. Section 52 of the principal Act sdall be re-numbered as sub-section (1) thereof, and after sub-section (1) 18s so re-numbered, the following sub-section shall be inserted, namely:4 Arnendment of `52.` " (2) For the purpose of sub-seciion (I), a person shall be deemed t~ be guilty of drunkenness if, owhg to the influence of alcohol or any drug whether alone or in cohbination with dny other circumstances, he is unfit to be entrusted: with his duty or with any duty which he may be called upon to pkrform or behaves in a disorderly manner or in a manner lilcely to bring discredit to the naval service.". 13. `In` sub-section (1) of section 55 \of the principal Act, for the word "designedly", the word ''wilfully" shajl be substituted. Amendment of section 55. %nsertioa `of` new RP-tions QSA, `55B,` 55C and `35B.` . . 1 14. After section 55 of the principd Act, the following sections shall be inserted, namely: - RP-tions QSA, `55B,` - k f i - Dangernus "55A. Every person subject t4 naval law, who is guilty of any unauthoact or neglect in flying ,or in the hse of any aircraft of the Indian rised Navy or in relation to any such a)rtraft or aircraft material, which flying causes or is likely to cause loss of jife or bodily injury to any person shall,x 2 A - I - . . . . . . : . . . . . . . . . . . . . . (a) `if` he acts wilfully or! with. wilful neglect, b e ....... ,punished , . . . - . . . . ',with imprisonmefit for a te'rd which inny. extend t o - fourteen . . . ,. - . years; and ji I - (b) in any other case, bq punished with imprisonment for' - a term which may exten r such other punishment - . . . . . . . as 5% hereinafter inentione . . . . . . . . . . . . . . , . . . . . . . . . . . . . - . . . . . . . . . . . . - Inaccu, ' ' 55~i-Every person subject a] law whrj ,si:gins, any. rate certiin. .$&lation .to.- an air.raet :Or maferia* belg7ngiG to . . or - in. .. .. the , ficate. service of the Government 'efisusnjf '&he I . thereof, . , . .$hall `.be` punislied .: `&th` .;i&,@ $&iy +4ich. M~~ extend : . ,,,&o.-..yea~: `$t:,` & C ~ : b#p*-. h+ ; eiriaftc!r.-deqtioned .- : ... ,-.,;,, .' : . :.:. . A'. ? >[[,. ]] .[['. ]] . [[,. ]] .[['. ]] . .- , .. . , - - ., - `2;;;:` `i` `:` Navy `(A1;` , `OF 19741` - I

Source: India Code