CourtMesh

Section 136: Forfeiture of medals on desertion

Regulations for the Navy Part IICentral Regulations · 1957

(1) When a sailor is dealt with summarily on a charge of desertion and is found guilty, good conduct Badges shall be forfeited and a definite decision shall be recorded as to the retention or forfeiture of gallantry medals or decorations, including decorations which have been gazetted but are not yet in the sailor’s possession.

(2) A forfeiture of campaign medals and commemorative medals shall not be remitted.

(3) When a sailor is convicted of desertion by court-martial, no mention shall be made in the sentence unless the court remits the forfeiture in accordance with sub-regulations (5), (6) and (7)

(4) When the offence is desertion during hostilities, the Naval tribunal trying the case shall not remit the forfeiture of decoration and medals but shall report to the Chief of the Naval Staff the forfeiture of any medal awarded for gallantry or of any decoration. The L.S. & G.C. Meda land Good Conduct Badges shall automatically be forfeited.

(5) When the offence of desertion has not been committed during hostilities, the tribunal shall remit the forfeiture of any decoration or medal awarded for gallantry, but shall not remit the forfeiture of campaign or commemorative medals.

132

(6) In respect of medals other than the L.S. & G.C./Meritorious service medal the decision as to forfeiture or retention shall be at the discretion of the Naval tribunal but when the offence is tried summarily, forfeiture shall be subject to the approval of the chief of the Naval Staff.

(8) Any remission or forfeiture which is not in accordance with the provisions of this regulation shall be reported to Chief of the Naval Staff for obtaining the orders of the Government.

(9) A deserter who is not reclaimed shall be disqualified for the grant of any medal or decoration, which is not already awarded for service prior to desertion, but shall not be disqualified for any medal or decoration awarded for gallantry unless the desertion is during hostilities.

(10) Forfeiture of badges, medals and decorations shall be indicated on the service certificate in the following manner.

(i) Badges:- The notation “Badge (or Badges) forfeited” shall be made after the last badge entry.

(ii) Medals and decoratons:- The relative entries shall be ruled through and notation “Forfeited” with the date of conviction shall be inserted below. Remission of forfeiture shall be indicated in the appropriate column as follows:- “Forfeiture remitted”

(iii) The notations shall be authenticated by the commanding officer.

Where this provision sits

ActRegulations for the Navy Part II
Section136
Marginal noteForfeiture of medals on desertion
JurisdictionCentral
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? Regulations for the Navy Part II is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.