Section 241, Regulations for the Navy Part II

(1) All combinations of officers or sailors for the purpose of bringing about alteration in the existing regulations or custom of the Service, whether affecting their interests individually or collectively, are contrary to the tradition and practice of the service and injurious to its welfare and discipline.

(2) Every officer or sailor shall be entitled individually to make known to his superior any proper cause of complaint, but individual officers or sailors shall not combine, either by the appointment of committees or in any other manner; nor shall they sign collectively memorials, petitions or applications, nor obtain signatures to such documents.

Appendix I List if Prescribed Forms Forms No. Subject of the form Relevant Section/Regulation

1. Punishment Warrant From Regulation 16

2. Record of Offences Sheet Regulation 72

3. Daily Record of Offences and Punishments Regulation 72 & 85

4. Quarterly Punishment Return Regulation 73

5. Committal Order for Detention Section 150 & Regulation 109

6. Committal Order for Imprisonment --------do--------

7. Report of Arrest and Trial by Civil Power Regulation 119(6)

8. Specimen Charge Sheet Regulation 155(15)

9. Warrant ordering a Court Martial (To be used by Convening Authority holding a Commission from the Chief of the Naval Staff to order a Court Martial).

Regulation159

10. Warrant ordering a Court Martial (To be used when a court martial is ordered by the President or the Chief of the Naval Staff).

Regulation 159

11. Warrant by Convening Authority appointing Trial Judge Advocate Regulation 161 12 Warrant Appointing Prosecutor Regulation 163 13 Warrant Appointing Provost Marshal Regulation 164 14 Warrant Appointing Officer of the Court Regulation 165 15 Notice of Trial to the Accused Regulation 169 16 Notice to the Prosecutor Regulation 170 17 Form for intimating Defence Witnesses to the Trial Judge Advocate by the Accused.

Regulation 178(2) 18 Order of the Court and Report of Navigation Direction at Trial on Navigational Charge.

Regulation 183 19 Minutes of Proceedings Regulation 190 20 Abstract of Certificates Regulation 192(3) 21 Order for board of Inquiry Regulation 200 22 From for forwarding Minutes of proceedings of Board of Inquiry Disciplinary Court etc.

Regulation 208 23 Form for Summoning witnesses required to give Evidence before a Board of Inquiry.

Regulation 204 & 233 and Section 134(2) 24 Summons for witness required to give evidence before officer preparing a Summary of evidence.

Section 134(2) & Regulation 233 25 Summons for witness required to give Section 134(2) & evidence before a Commanding Officer. Regulation 233 26 Summons for witness required to give evidence before a court martial Regulation 233 27 Summons for witness required to give evidence before a court martial (witnesses not subject to Naval Law) Regulation 233 28 Warrant for Arrest Section 83 29 Warrant of Interim commitment Until Execution of the Sentence of Death.

Section 148 30 Warrant for Execution of a sentence of Death Section 149 31 Order for transfer of Prisoner or Person under Detention.

Section 154 32 Order for Retransfer of Prisoner or person under Detention.

Section 155 33 Warrant for Removal of Insane persons Section 156 34 Form for Retransfer of the Prisoner to the Jail or Detention Quarters.

Section 156 FORM / No. I PUNISHMENT WARRANT FORM (See regulation 16) I.N.S…………………………………… Dated ………………………………..19 Warrant No……………………………..

For………………………………………………………………………………………… …………… (Here specify all punishments for which, taken separately, a warrant would be required.)

……………………………………………………………………………………………… ………….

Where as Name…………………………………… Rank………………………………… Official No …………………………….

Good Conduct Medal…………………… Good Conduct Badges………………… Glass for conduct……………………… Date of Birth…………………………...

Date of Entry in Naval Service……… Date of Entry in ship…………………… Character assessed to-date, from the last} Annual assessment, but not including } this offence) Was charged for that he did (here insert full particulars of offence/s starting with the date of offence in each case.)

And Whereas I did, on the…………………………………………………day of……………………………19 Personally and publicly, in the presence of the complainant and the accused, investigate the matter and whereas the accused pleaded guilty / to the charge /s.

(a) Having heard the evidence of (b) ……………………………………………..in support of the charge/s a well as what the accused had to offer in his defence and the evidence of

(b)…………………………………………………….whom he called on his behalf, I consider the charge/s to be substantiated against him and taking into consideration …………..that this is the……………………………………………………………offence registered against him on his Conduct Sheet, I adjudge him to be punished as follows:- (Insert below the particulars of the punishments)

(d) Name of the place for detention / } imprisonment, (a) if awarded. }

(e)…………………………………………………………………………………………...

…..……………………………………………………………………………….………… Given under my hand on board Indian Naval Ship…………………………….At…………………………….the (f)………………day of…………19 Commanding Officer Signature and the Rank of the Complainant.

(g) Read to the accused this (f)……………………………day of………………………………19 Signature…………………… Rank………………………..

Appointment………………..

(h)………………………………………………………………………………………… …………..………………………………………………………………………………… FORMER OFFENCES Particulars of all former offences during the last 6 months (if he has been in the ship) and any warrant punishments during any period in the ship prior to the last 6 months MEDICAL CERTIFICATE IN CASE OF CELLS Examined and found medically fit to undergo the punishment awarded.

Signature of the Medical Officer………………… Rank………………………………..

Date………..……………………….

SUBMISSION TO SENIOR OFFICER I.N.S………………………………….. Dated……………………………….19.

Sir, I beg to submit for your approval the following sentence to be awarded to the aforesaid accused: -

2. The accused’s Service Certificate and conduct Sheet are enclosed herewith.

………………………………. Signature……………………………..

……………………………… Rank………………………… DECISION OF THE SENIOR OFFICER AND HIS REMARKS, IF ANY (f) Signature………………………..

The Commanding Officer, Rank……………………………..

I.N.S………………………………………………… Dated…………………………………… NOTES

(a) Delete whatever is inapplicable.

(b) (i) Insert the names of witnesses for the prosecution and the defence. If the accused does not call any defence witnesses, the fact should be stated as-“and he calling no one on his behalf”.

(ii) If the punishment awarded/proposed be imprisonment, detention, dismissal from the Naval Service or reduction in rank of a Chief Petty Officer or Petty Officer, a summary of evidence shall be recorded by the Commanding Officer and will accompany the Punishment Warrant.

(c) (i) All punishments sought to be awarded shall be noted here specifying clearly in all cases the nature, duration and extent of various punishments.

(ii) When the warrant requires the approval of the Senior Officer, this place is to be left blank and the punishments proposed shall be entered on Page 3 under “Submission to the Senior Officer”. After Senior Officer’s approval, sentence as approved is to be entered at this place.

(iii) When any medals are forfeited consequent upon conviction for desertion under section 49(2) read with regulation 136, the decision to that effect should be recorded in this space separately.

(d) The name of the place of imprisonment/detention shall be filled in, in accordance with regulation106.

(e) If a man is sentenced to imprisonment or detention and there is no proper place of confinement to which he can be set at once, and if it is not intended to keep him in close custody on board until a proper place of confinement is available, the following words are to be added here: - “the said imprisonment or detention to take effect from the date on which he arrives at a place where there is a proper place of confinement”.

In such cases, however, the provisions of regulations 93 and 94 are to be kept in mind.

(f) The date of reading and the date at the head of Page 1 and the date of award at the center of Page 2 should coincide.

(g) If the warrant, is read in the absence of the accused in accordance with regulation I9, this notation should be amended to read as follows: - “Read in the absence of the accused this………………………………………day of………………19………..he having been certified medically unfit to have the warrant read to him.”

(h) No avoidable delay should take place in the investigation of the complaint or in the reading of the warrant and infliction of the punishment. If any substantial delay has taken place, the cause is to be stated at the bottom of Page 2.

(i) If the senior officer considers for any reason that punishment proposed is inadequate, he may alter the punishment within the limits of powers of punishment of a Commanding Officer and the punishment so altered shall be the punishment awarded. The senior officer may also approve the warrant for a punishment lower that proposed by the Commanding Officer. See regulations 16 to 20 and 25.

FORM No.2 RECORD OF OFFENCES SHEET (Appendix I to “Recommendations for Promotion and Conduct Record Sheet” S-239) (See Regulation 72) Name…………………………………………………..Rank…………………………….

Port Division and Official Number………………………………………………………..

Date of Details of the offence(s) Punishment By whom punishment Remarks Offence(s) awarded awarded, Ship, Date and Warrant Number, if applicable ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… 224 Naval-15 FORM NO.3 DAILY RECORD OF OFFENCES AND PUNISHMENTS (See regulations 72 and 85) I. N. S…………………………………… BETWEEN …………….19 and…………….19 NOTES

1. Separate records on this form are to be maintained in respect of (a) Sailors (including seagoing Boys) (b) Artificer Apprentices and (c) Boys under training.

2. All punishments inflicted on board the Ship including warrant punishments but excluding minor punishments awarded under sub-regulations (5), (6), (7) and (8) of regulation 21, shall be entered on date of award consecutively irrespective of the ranks of offenders.

3. This record is to be inspected and signed by the Commanding Officer weekly.

4. To be closed on the last day of each Quarter and forwarded with the appropriate punishment return.

5. Alphabetical category of offences to be noted in column 7 of this form shall correspond to the various categories specified in the Punishment Return.

S No.

Name …………...

Rank …………… O. No. …………..

Class for conduct …………...

Good Conduct Medal……….

(Write G.C.M. if possessing Number of Good Conduct Badge) (Write these particular in this order for each sailor) Date of Offence punishment Warrant Number if punishe d by warrant.

Particu lars of Offenc es Alphabetical category according to the abstract of offences on the punishment return Punish ment award ed If not warded by Commanding Officer, Signature and rank of officer awarding the punishment 1 2 3 4 5 6 7 8 9 FORM No.4 QUARTERLY PUNISHMENT RETURN (See regulation 73) FOR Quarter ended………………………… with warrants Nos…………………………… I. N. S…………………………………… Based at…………………………………….

Commanding Officer……………………… ABSTRACT OF OFFENCES PUNISHED SUMMARILY CATEGORIES A B C D Improper Insubordination Other Total Desertion Absence including behaving offences offences (including breaking out with contempt of ship) Sailors.

Seagoing Boys.

TOTALS.

ABSTRACT OF SUMMARY PUNISHMENTS If two or more of these punishments be awarded to an offender at the same time, each kind of punishment should be shown and not the principal one only) Impriso nment Detent ion Dismiss al from Naval Service Disrat ing Fine in respect of Civil offence s Reductio n to Second class for conduct Solitary confinem ent in a Cell Deprivatio n of Good Conduct Medal or Badges Nonwarrant Punishm ent Total Punish ment *Sailors/Artificer Apprentices/Boys under training *Seagoing Boys TOTAL Average total number of Sailors (including Seagoing Boys) *Artificer Apprentices/Boys under training borne during the quarter…………………………………………………………… *Delete whatever is inapplicable.

NOTES

1. Minor punishments awarded under Sub-regulations (5),(6),(7) & (8) of regulation 21 shall not be included in this return,

2. Separate forms are to be rendered in respect of Sailors (including Seagoing Boys), Artificer Apprentices and Boys under training.

COMMANDING OFFICER’S OPINION GENERAL CONDUCT OF SHIP’S COMPANY AND OF CAUSE OF INCREASE OR DECREASE IN OFFENCES CERTIFICATE I hereby certify that all the punishments inflicted on board this ship during the period covered by this return except those awarded under Sub-regulations (5),(6),(7) & (8) of regulation 21, Regs. Navy Part II; have been included in the abstract of punishments and that the punishments are in accordance with the Regulations; and that in all cases where imprisonment, detention or cell punishment has been accompanied by stoppage of leave, the period of confinement has been reckoned as a portion of such stoppage.

Commanding Officer.

Dated…………………………………….

ADMINISTRATIVE AUTHORITY’S REMARKS ………………………….

Dated…………………………………… ………………………… FORM No.5 COMMITTAL ORDER FOR DETENTION (See Section 150 and Regulation 109) To the Captain, Naval Detention Quarters (a) …………………………………………………… WHEREAS at a court-martial/summary trial (b) held On board Indian Naval Ship ………………………… at ………………………………………………… On shore On the………………………………… day of…………………, 19…..,……………………… (Name of the prisoner) of Indian Naval Ship………………………………………………………… was found guilty of offence/s punishable under ©………………………………………………………………………… and sentenced to be kept under detention for (d)………………………………………………………

(e)AND WHEREAS I deem it expedient that the said …………………………………………………….

Shall be sent to the said Detention Quarters at…………………………………………………………….

And that on arrival there he shall undergo his sentence subject to the deduction of any time during which he has been kept in confinement in respect of the said sentence This is to authorize and require you to receive the said……………………………………………………….

In your custody in the said Detention Quarters, together with this warrant, and there to carry the aforesaid sentence into execution according to law.

Given under my hand and under the seal of my office this………………………………………………day of ………………………………………………………….19……………………… Signature……………………… Seal Rank……………………… Appointment……………… The following certificate is to be completed by the Commanding Officer of the ship bringing the offender to the place of confinement, where the sentences has been postponed in accordance with section 151(2) of the Navy Act, 1957. It is not applicable to the case of an offender who is being transferred from one place of confinement to another.

I hereby certify that the said………………………………………….has been kept in confinement for………………………………………………days in respect of his sentence.

Signature…………………………………… Captain Naval Detention Quarters………….

NOTES

(a) Particulars of the Detention Quarters.

(b) Delete as necessary

(c) Here quote the relevant section/s of the appropriate Act/Acts (Navy Act, 1957, I.P.C., etc.) under which the offences fall.

(d) Period of sentence

(e) This paragraph is to be used only when it is considered desirable under Section 151(2) of the Navy Act, 1957, to delay the execution of a sentence in consequence of the court-martial/summary trial being held at a place where there is no proper place of confinement to which the offender can be sent, either temporarily or otherwise {“confinement” in this paragraph means close custody vide regulation 92 (2).]

FORM No. 6 COMMITTAL ORDER FOR IMPRISONMENT (See section 150 and regulation 109) To the Superintendent (or Keeper) of (a)………………………………………………… At…………………………………………………………………………………………… WHEREAS at a court-martial/summary trial (b) held On board Indian Naval Ship at……………………………...

on shore on the……………………………day of………………….,19…………………………… (Name of the Prisoner)……………………………………..of Indian Naval Ship…………………………was found guilty of offence/s punishable under © ………………………………………………… and sentenced to

(d)……………………………for (e)………………………… (f) AND WHEREAS I deem it expedient that the said…………………………………………shall be sent to the said jail at……………………….., and that on arrival there he shall undergo his sentence subject to the deduction of any time during which he has been kept in confinement in respect of the said sentence.

This is to authorize and require you to receive the said………………………………………..

In your custody in the said jail, together with this warrant, and there to carry the aforesaid sentence in to execution according to law.

Given under my hand and under the seal of my office this…………………………………….Day of………………………………., 19 Signature……………………… Rank………………………… Seal Appointment…………………… The following certificate is to be completed by the Commanding Officer of the ship bringing the offender to the place of confinement, where the sentence has been postponed in accordance with section 151(2) of the Navy Act, 1957. It is not applicable to the case of an offender who is being transferred from one place of confinement to another.

I hereby certify that the said……………………………………………………………………………… Has been kept in confinement for…………………………………………days in respect of his sentence.

Signature………………………… Commanding Officer, Indian Naval Ship………………… NOTES

(a) Particulars of the prison.

(b) Delete as necessary

(c) Here quote the relevant section/s of the appropriate Act/Acts (Navy Act, 1957, I.P.C. etc.) under which the offences fall.

(d) Details of sentence (rigorous imprisonment, simple imprisonment etc.)

(e) Period of sentence

(f) This paragraph is to be used only when it is considered desirable under section 151(2) of the Navy Act, 1957, to delay the execution of a sentence in consequence of the courtmartial/summary trial being held at place where there is no proper place of confinement to which the offender can be sent, either temporarily or otherwise [“Confinement” in this paragraph means close custody vide regulation 92 (2)].

FORM No.7 REPORT OF ARREST AND TRIAL BY CIVIL POWER [See Regulation 119(6)] NOTES. – (i) This report is not required for absentees and cases dealt with under regulation 132.

(ii) To be accompanied by Service Certificate and Conduct Sheet. Copy of Service Certificate and of this form to be forwarded it penalties mentioned in heading 9(iii) below are proposed, or if discharge is applied for.

I. N. S. -------------------------------------------No.-------------------------------------Date-------- ------------------------------------------------------------------------------------------------------------ ------------------------------- Name……………………………..Rank…………………………...Personal No………..

G.C. Medal……………………………………Class of Conduct………………………..

No. of G. C. Badges………………………………………Character……………………

1. Particulars of arrest: Date and hour---------------------------------------------------- Place------------------------------------------------------------------------------

2. If on leave: (a) Date and time at which leave expired ………………………………………………………………………………….

(b) Date and hour of return to ship if released pending trial……………………...

3. Date of trial………………………………………………………………………………….

4. Date and hour of return to ship after trial…………………………………………………….

5. Before what court charged………………………………………………………………….

6. Offence in exact terms of charge………………………………………………

7. Order of Court in exact terms of order (If offender was fined, state whether fine was paid) 224 Naval-16.

8. Rank and name of officer who attended the trial…………………………………………………………………………….

9. If convicted which, if any, of following Naval penalties are proposed: -

(i) Stoppage of pay and time [regulation 119(1)].

……………………………………………………………days

(ii) (a) Deprivation of G. C. Medal……………………………………

(b) Deprivation of G. C. Badge or Badges………………………… *© Break in continuity of “Very Good” conduct for badge purposes…………………….

(d) Stoppage of leave (not to exceed 30 days)……………………days

(e) Inferior character at end of year……………………………………

(iii) (a) Reduction in rank…………………………………………………

(b) Reduction to 2nd Class for Conduct……………………………… *If this penalty is enforced the date of conviction is to be noted on page I, column 4, of the offenders Conduct Sheet as the date of commencement of “Very Good” conduct.

Commanding Officer’s observations on the case and remarks as to Proposed Penalties The Chief of the Naval Staff. Commanding Officer………………… Division of the Chief of the Naval Staff Signature________ Dated____________________________ Rank____________ The Commanding Officer, I.N.S.______________________________ (After action this form is to be attached to the Quarterly Punishment Return).

FORM No.8 SPECIMEN CHARGE SHEET (See Regulation 155(15)] The accused (Name, Personal Number, if any, rank or ship on which borne), a person subject to naval law is charged for that (I) On ………………………….. day of …………………………………. at about he did strike Lieutenant CD, his superior officer and thereby committed an offence punishable under section 45 of the Navy Act, 1957.

(2) On day of at about he did willfully disobey the lawful command of the superior officer when ordered to and thereby commit an offence punishable under section 47 of the Navy Act, 1957.

(3) On day of at about he did dishonestly misappropriate certain properly to wit belonging to XY and thereby committed an offence punishable under section 77 of the Navy Act, 1957 read with section 403 of the Indian Penal Code.

Signature…………………… (Commanding Officer, I. N. S.)

Countersigned………………… (Convening Authority) ___________________________ FORM No.9 WARRANT ORDERING A COURT-MARTIAL (TO BE USED BY CONVENING AUTHORITY HOLDING A COMMISSION FROM THE CHIEF OF THE NAVAL STAFF TO ORDER A COURT MARTIAL (See Regulation 159) By Whereas …………………………… of Indian Naval Ship………………………..has transmitted to me a letter alleging the misconduct of……………………………..(hereinafter referred to as the accused) and whereas I think fit that the accused shall be tried by court-martial, I do hereby in exercise of the powers conferred on me by omission from the Chief of the Naval Staff order a court-martial to be held for the trial of the accused on the charges listed in the accompanying charge-sheet and nominate you as president thereof.

You are to summon other officers to sit on the court-martial in accordance with the Navy Act and to order the court-martial to assemble on board Indian Naval Ship (on shore at…………………) at…………………..on the……………….day of………………….or as soon afterwards as circumstances allow.

Given under my hand this…………………..day of………………. in the year Signature……………..

To ……………………………………………….

………………………………………………….

FORM No.10 WARRANT ORDERING A COURT-MARTIAL (To be used when a Court-Martial is ordered by the President or the Chief of the Naval Staff) (See Regulation 159) By Whereas……………………….. of Indian Naval Ship…………………….. has transmitted to me a letter alleging the misconduct of (hereinafter referred to as the accused); and whereas I think fit that the accused shall be tried by courtmartial, I do hereby in exercise of the powers conferred on me by sub-section (2) of section 97 of the Navy Act, 1957 order a court-martial to be held for the trial of the accused on the charges listed in the accompany charge-sheet and nominate you as President thereof.

You are to summon other officers to sit on the court-martial in accordance with the Navy Act and order the court-martial to assemble on board Indian Naval Ship…………………..(on shore at…………………..) at………………on the day of……………………………….or as soon afterwards as circumstances allow.

Given under my hand this day of………………….. in the year Signature………………… To …………………………….

FORM No. 11 WARRANT BY CONVENING AUTHORITY APPOINTING TRIAL JUDGE ADVOCATE (See Regulation 161) By Whereas I have ordered………………………………to preside over a court-martial on board Indian Naval Ship………………………(on shore at……………………. ) at a.m. on the…………………day of …………………. 19…………..or as soon……………………afterwards as circumstances permit for the trial of of Indian Naval Ship……………………….., I do hereby appoint you to officiate as Trial Judge Advocate for the purposes of that court-martial.

Given under my hand on board Indian Naval Ship…………………at………………… This……………..day of………………19.

Signature………………… To ………………………………………..

FORM No. 12 WARRANT APPOINTING PROSECUTOR (See Regulation 163) By------------------------------------------------------------------------------------------------------------------- (Convening Authority) WHEREAS I have ordered a Court-martial to be assembled On board I. N. S.

On shore at On the--------------------------day of ------------------------------------19---------,for the trial of---------------Of Indian Naval Ship------------------------------------- I do hereby appoint you to act as Prosecutor on that occasion.

Given under my hand at----------------------------------------------the-------------------- ---------------------------------------day of------------------------------------19------------.

Convening Authority.

To --------------------------------------- FORM No. 13 WARRANT APPOINTING PROVOST MARSHAL (See Regulation 164) By WHEREAS a court-martial has been ordered to assemble on board Indian Naval Ship………………………………. (on shore at………………….. ) at…………. a.m. on the………………….day of………………..19…………………for the trial of Indian Naval Ship………………………I do hereby appoint you to officiate as Provost Marshal on the occasion and you are to take the said…………………….into your custody at……………….(time) on the……………….day of………………19 and safely keep him until he shall be delivered in due course of law.

……………………………… To ………………………………….

* Delete if there is no annexure(s) FORM No.14 WARRANT APPOINTING OFFICER OF THE COURT ( See Regulation 165) By……………………………………………………………………………………… (Convening Authority) WHEREAS A court-Martial has been ordered to assemble on board I.N.S………………… on the …………………………day On shore at…………………..

Of………………………………………..19………….,for the trial of…………………… (name of the accused) of Indian Naval Ship…………………………………...

I do hereby appoint you to act as Officer of the Court on that occasion. You are perform the duties mentioned in regulation 166 of the Navy (Discipline and Miscellaneous Provisions) Regulation 1965, which is reproduced on the reverse, and such other duties as you may be directed to perform by the President of the Court-Martial or the Trial Judge Advocate.

Given under my hand this………………………..day of……………………19…………..

(Convening Authority) To ……………………………… DUTIES OF THE OFFICER OF THE COURT “166. Duties of the Officer of the Court.-The Officer of the Court shall perform the following duties;-

(a) He shall serve the accused with a notice of trial issued by the trial Judge advocate, and other papers and shall obtain his signature.

(b) He shall serve the prosecutor with the papers ordered to be delivered by the trial judge advocate.

(d) He shall be responsible for making due arrangements for the sitting of the court under the directions of the trial judge advocate and shall obtain from the proper source the furniture and fittings and supply stationery required for use of the court.

(e) He shall muster the witness outside the courtroom and as soon as the court is assembled, he shall report to the president that they are in attendance.

(f) When so directed by the President, he shall cause the accused to be brought in and to admit the prosecutor and audience.

(g) He shall ensure that no witness enters the court unless called to give evidence, except by the permission of the court.

(h) He shall ensure that each witness leaves the court as soon as he has been examined and is not allowed to communicate with those witnesses who have yet to give evidence.

(i) He shall ensure that no witness duly summoned leaves the vicinity of the court.

(j) When the Court is cleared for deliberations, he shall ensure that no one is allowed to remain within the court’s vicinity.” FORM No. 15 NOTICE OF TRIAL TO THE ACCUSED (See Regulation 169) Office of the Trial Judge Advocate …………………………… ……………………….....

…….…….19………..

Orders having been given for a court-martial for your trial to be held on board (on shore at………….)…………..at…….a.m. on……….the…………..day of …………..19……… or as soon afterwards as circumstances allow, I transmit to you herewith for your information, copies of the charge-sheet, a list of the witnesses for the prosecution, the circumstantial letter including the annexure(s)* reporting the facts on which the chargesheet is founded and a list of the exhibits which the prosecutor proposes to put up in evidence. A copy of the summary of the evidence in support of the prosecution is also enclosed but you should note that while this document summaries the most material points in the witnesses evidence, may it does not profess to contain all the details which the witness may give in evidence.

You are entitled but are not obliged to give evidence on your own behalf. If you wish to do so, you should make a request in writing at the appropriate time. If you do give evidence, you will be liable to be cross-examined by the prosecutor and examined by the court. If you do not wish to give evidence on oath, you may, without incurring liability to be cross-examined, make an unsworn statement as to the facts without going into the witness box.

If you will furnish me in writing with the full names and addresses of any witnesses, whom you may desire to call and whose attendance can reasonably be procured including witnesses as to character, they shall be duly summoned to attend on your behalf.

Should you wish any documents not in your possession which you consider to be material evidence in the case, to be produced at the trial you should send me full particulars so that the necessary arrangements can be made.

You are requested to inform me of the name of any officer or counsel whom you may have asked to assist you at the trial or say if you wish to have an officer assigned by the convening authority to assist you.

Your attention is drawn to regulation 172 of the Navy (Discipline and Miscellaneous Provisions) Regulations, 1965 setting forth the rights of the accused in the matter of preparation of defence.

**(If you wish to lay any certificate before the court they should be abstracted on the attached form and the original certificates and the abstract handed to me in court).

Signature……………………..

(Trial Judge Advocate) To ……………………………..

** Applicable to officers only.

FORM No. 16 NOTICE TO THE PROSECUTOR (See Regulation 170) I am to inform you that ………………………………………………………….

(Convening Authority) has ordered……………………………………………………………………………….

(the full name and designation of the President of the Court-Martial) of Indian Naval Ship …………………………………………………………to assemble a Court-Martial at…………….on……………………………on……………………...board (time) (date) Indian Naval Ship……………………………to try……………………………………….………………………………………………… …………..on shore at Indian Naval Ship………………………………….on the charge preferred against him on the…………………………………………………………… (date of the charge sheet)

(a) It is requested that certified copies of any entries against the Officer in the log, and of any other documents of the nature of definite censure by superior authority for a definite offence, may be forwarded to me, and that the Ship’s Log and the original documents or true copies thereof duly certified by the Commanding Officer may be produced in the Court.

(b) It is requested that the……………………………………………………… (documents required if any) And the accused’s Service Certificates, may be produced in the Court.

Dated………………… ……………………………………… (Trial Judge Advocate) To …………………………………..

…………………………………..

(a) To be used if the accused is an officer

(b) To be used if the accused in a sailor.

FORM No. 17 FORM FOR INTIMATING DEFENCE WITNESSES TO THE TRIAL JUDGE ADVOCATE BY THE ACCUSED [See Regulation 178(2)] I. N. S………………………………..

Dated…………………………………19 I have received a copy of the charges against me, with the circumstantial letter dated…………………………..a list of witnesses for the prosecution, and a summary of evidence in support of the charges.

I note that I can give evidence on my own behalf, but that in that event I am liable to cross-examination by the Prosecutor and examination by the Court.

………………………………………………………of I.N.S…………………………… Will act as my defending officer/defence counsel.

I wish to call the following witnesses on my behalf: - NAME RANK SHIP (Christian and Surname in full) and Official Number.

Signature……………………… Rank…………………………..

O. No………………………… To ……………………………………….

The Trial Judge Advocate FORM No. 18 ORDER OF THE COURT AND REPORT OF NAVIGATION DIRECTION AT TRIAL ON NAVIGATIONAL CHARGE (See Regulation 183) Trial by Court-Martial of ……………………..of………………………Indian Naval Ship ORDER OF THE COURT To *……………………………..of I. N. S……………………………..

……………………………….of I. N. S…………………………….

You are handed herewith the following books, charts+ etc., in connection with the stranding/hazarding/loss of I. N. S. on the

(a) Ship’s log

(b) Rough and fair engine room registers

(d) Last table of compass deviations

(e) Navigational data book

(f) Gyro Compass Log

(g) Captain’s night order book

(h) Navigating Officer’s night order book

(i) Navigating Officer’s note book

(j) Navigating Officer’s work book

(k) Navigating Officer’s sight forms

(l) Wheel and engine order book

(m) Chart(s) and sailing directions by which ship was navigated.

2. You are to ascertain and report to the court-

(a) Whether the proper charts, sailing directions relevant hydrographic publications and all hydrographic notices bearing on the case had been supplied; if so, whether they had been used and whether the charts and publications used had been corrected by the latest received corrections thereto. You are to state whether the largest scale chart of the area was in use at the time of the occurrence.

(b) When and how the last reliable fix of the ship’s position was obtained before the occurrence and whether the courses steered and the distances run through the water in the interval were accurately ascertained and correctly recorded in the ship’s log.

(d) what degree of reliance can be placed on the deviation of the standard compass and on the accuracy of the gyro-compass; which compass was in use and whether the error (if any) of that compass was accurately ascertained and correctly applied.

3. You are to work up the ship’s reckoning from the log, engine room registers, etc.

from the time when her position was last accurately, ascertained (or from such a time and with such details as the court may require ) to **______________ the result is to be delivered to the court, attested by your signatures and you will be sworn and be subject to cross-examination as to its accuracy. With your report you are to deliver to the court a copy of tracing *** of the chart by which the ship was navigated on which the positions of the ship so determined have been laid off and also the determined position when aground or in danger as noted in the log. The rate and direction of the current and of the tidal stream and the state of the tide when ship**________________are to be ascertained and reported.

4. Your report to the court is to be made on the form attached.

Given under my hand at………………. This……………day of……………….19 (President of the Court) (This order is to be read to the officers in court and then handed over to them for compliance. They are to return it to the court with their report and it is then to be inserted in its proper place in the record of proceedings) NOTES:- * Insert name(s) officer(s) directed in accordance with regulation 183 ** Necessary details to be inserted by the President ***This should wherever possible be done on tracing paper, which can be placed over the actual chart used.

Items not applicable to be deleted by the President.

REPORT TO THE COURT BY THE NAVIGATION DIRECTION OFFICERS Questions Answers _______________________________________________________________________

1. Were the proper charts, sailing directions, relevant hydrographic publications and all hydrographic notices bearing on the case supplied to the ship?

2. Have you examined the charts and publications Stated to have been in use at the time of the Occurrence?

3. Were such charts and publications amended by the latest received corrections?

4. Was the largest scale chart of the are In use at the time of the occurrence and does it appear that full use had been made of the appropriate publications?

5. When and how was the last reliable fix of the ship’s position obtained before the occurrence?

6. Were the courses steered and the distances run through the water between the time of the last fix and that of the occurrence accurately ascertained and correctly recorded in the log?

7. Were the regulations as to sounding carefully observed?

8. Were the regulations as to ascertaining and recording the errors of the compass observed?

9. Have you inspected the gyrocompass log or the navigational data book and latest deviation table, in order to ascertain the degree of reliance which can be placed on the compass correction used?

10. Do you consider such degree of reliance satisfactory?

11. Which was in use, the gyrocompass or magnetic compass

12. Was the error of that compass (if any) correctly applied?

13. Have you worked up and placed on the chart/tracing the ship’s dead reckoning position computed from the time of the last reliable fix of her position?

14. Have you worked up and placed on the cahrt/tracing the ship’s estimated position computed from the time of the last reliable fix of her position?

15. Was any allowance for the effect of the wind and sea made in computing your estimated position?

16. In making your computations have you made use of any data which was not available in the ship?

17. What were the rates and directions of the trial streams or currents:

(a) actually experienced, i.e., the difference between D.R. and actual position at the time of the occurrence?

(b) as estimated by you?

18. What was the state of the tide when the ship?

Date……………………….. ………………………………..

(Signature and Rank of Officers) (This report is to be read to the court by the trial judge advocate. If the court concurs, the report is to be endorsed by the president as approved, If the court does not concur, a statement signed by the president is to be added showing in what respects and for what reasons the court dissents from the report.

The report together with any statement by the court is then to be inserted in its proper place in the record of proceedings).

FORM No. 19 MINUTES OF PROCEEDINGS (See Regulation 190) (Note: The minutes should be recorded in the following form as far as possible with such variations as are necessitated by the circumstances of each case.)

Minutes of proceedings at a court-martial held on board I. N. S.-------------------- on shore at--------------------------------) at---------------------------------------------on-- -------------------day of-----------------------or the trial of--------------------------------- of I.N.S.-------------------------------- Officers summoned to sit on court-martial:- Captain A. B. C., I. N. S. “ “ “ President Commander D.E.F., I.N.S “ “ “ Member Commander G.H.I., I.N.S. “ “ “ Member Commander J.K.L., I.N.S. “ “ “ Member Lt. Cdr. M.N.O., I. N. S “ “ “ Member Lt. Cdr. P. Q. R., I. N. S. “ “ Spare member Lt. Cdr. S. T. U., I. N. S. “ “ Spare Member The court as finally constituted:- Captain A.B.C., I. N. S. “ “ “ President Commander, D.E.F., I. N. S. “ “ “ Member Lieut. Cdr. P. Q. R., I. N. S. “ “ “ Member Mr ……………………………, Trial Judge Advocate Officer of the court…………………………………….

The President declared the court open at 0902.

The accused………………….of I. N. S……………..was brought in by…………………………….Provost Marshal.

Mr………………………..Advocate appeared in court to assist the accused.

The Prosecutor, Commander ………………………of I. N.

S……………………….. and the audience admitted.

The trial judge advocate read out the warrant for assembling the court and the names officers exempted from attending under sub-section (20)of section 97 of the Navy Act, 1957 together with the reasons for such exemption. (here insert the court-martial warrant and the list of officers forwarded by the convening authority to the President) (From ).

The trial Judge Advocate read out the names of the officers composing the court.

The Prosecutor on being asked whether he objected to any member of the court stated that he had no objection.

The accused on being asked whether he objected to any member of the court stated that he objected to Lieutenant Commander, M. N. O. on the ground that he had previously sat on a Board of Inquiry held to investigate the incident from which the court-martial had arisen. He also stated that he had no objection to the other member of the court.

The court was cleared to consider the objection.

On re-opening the trial Judge Advocate announced that the court has upheld the objection. Lieutenant-Commander M.N.O. withdrew and Lieutenant – Commander P.Q.R. took his seat as member of the court.

The Prosecutor on being asked whether he objected to court as now constituted stated that he had no objection.

The accused on being asked whether he had any further objection respecting the constitution of the court stated that he had no objection.

The President and members of the court and the trial Judge Advocate were then duly sworn.

The accused on being asked whether he objected to Mr………………………..as Shorthand writer stated that he had no objection……………………………………was duly sworn to act as Shorthand Writer.

The trial Judge Advocate read the first charge to the accused and asked him whether he pleaded guilty or not guilty.

The accused pleaded guilty.

The trial Judge Advocate then explains to the accused the precise meaning of the charge in the following words and pointed out the difference in procedure which would result from the plea of guilty.

……………………………………… ………………………………………….

The trial Judge Advocate considered that the accused should not plead guilty and he advised him to withdraw his plea. The accused withdrew his plea.

The Prosecutor opened his case by reading the circumstantial letter and addressed the court further as follows (here insert the circumstantial letter and a record of the Prosecutor’s opening speech); - (NOTE:- The evidence of each witness should commence on a fresh page.

The questions and answers must be numbered serially throughout.)

Lieutenant of I. N. S. was Called, sworn and examined by the prosecutor.

Examination-in-Chief

1. Q. Are you Lieutenant of I. N. S.?

A. Yes.

2. Q. What are your duties in the ship?

A. I am the Supply Officer

3. Q. Do you know the accused by sight?

A. Yes. He is sitting over there (witness here pointed at the accused).

4. Q. Have you examined the books of your ship? Do you find that the accused is borne on these books A. Yes.

5 Q. Were you on the quarterdeck of I. N. S. about 0900-0n Ist January 19 ?

A I was

6. Q. Please tell the court what happened about that time?

A. I was standing at the starboard side on the quarter deck. Then Petty Officer A and the Accused came on board I thought that he…………………..

By trial Judge Advocate 7 Q. You must not tell the court what you thought. Please try to confine your evidence to describing what actually happened.

Witness : The accused went up to the officer of the Watch.

8. Q.

9. Q.

Cross-examined by Defence counsel

10. Q.

11. Q Re-examined by prosecutor

12. Q.

13. Q.

Examined by Court

14. Q.

15. Q.

Examined by trial Judge Advocate

16. Q.

17. Q.

Witness withdrew.

Second witness:- Lieutenant called, sworn and examined by the Prosecutor.

18. Q. Are you Lieutenant of I. N. S. ?

A. Yes.

19. Q. What were your duties on day of 19 ?

A. I was Officer of the Watch.

20. Q. Do you recognize the accused?

A. Yes.

21. Q. Was he brought before you on ?

A. Yes.

22. Q. Why was he brought before you?

A. It was reported that he struck Petty Officer.

23. Q. In the course of your investigation did you question the accused?

A. Yes.

24.. Q. Before questioning him, did you give him any caution?

A. Yes. I warned him as follows:- ………………………………………………..

…………………………………………………

25. Q. What was his reply?

A. The Defence counsel objected to this question as being inadmissible. The trial judge advocate considered it desirable that arguments and evidence as to the admissibility of the evidnce sought to be adduced by the prosecutor should not be heard in the presence of the court. He thereupon so advised the President of the Court.

The President:- I consider that it would be convenient for the court to retire:

The President and members of the court then left the court room.

The counsel for the accused stated that the question asked was for the purpose of eliciting the alleged confession of the accused. He objected to the confession being admired, as it was not free and voluntary. The trial judge advocate informed the prosecutor that he must adduce evidence in the first instance to show that the statement was free and voluntary.

224. Naval-18 Examination by the Prosecutor

26. Q.

Cross-examination by defence counsel

26. Q.

Examination by trial judge advocate

27. Q.

The trial judge advocate held that the confession was not admissible.

The court re-assembled.

By trial Judge Advocate : I have disallowed he question. Prosecutor will continue his examination-in-Chief.

Examination by Prosecutor

29. Q.

Cross-examined by defence counsel

30. Q.

Re-examined by Prosecutor

31. Q.

Witness withdrew.

Examined by trial judge advocate

32. Q.

The evidence of other witnesses is to be recorded in similar form.

Prosecution closes its case.

The trial judge advocate to the accused You may give evidence as witness on you own behalf. Should you desire to do so, your should make a request in writing to do so but you must remember that you will thereby render yourself liable to cross-examination. If you do not wish to give evidence, you may make a statement as to the facts of the case.

The defence counsel submitted that the accused wished to give evidence on oath and he accordingly submitted an application duly signed by him and the accused. (Here insert the application) The accused-sworn and examined by defence counsel Examination – in - Chief

34. Q.

Cross-examined by Prosecutor

35. Q.

Re-examined by defence counsel

36. Q.

Examined by court

37. Q.

Examined by trial judge advocate The accused had no other witness (If the accused has witnesses, they are to be examined here. Thereafter, the accused friend must sum up the case and prosecutor must reply.)

The Prosecutor summed up the case as follows:- …………………………………………………………………… The Defence Counsel replied as follows.

……………………………………………………………………..

The trial judge advocate proceeded to sum up the case as follows:- …………………………………………………………………….

The court cleared for the finding The court re-assembled at at on 19 Trial judge advocate to the court:

38. Q. Mr. President, Sir, what is the finding of the court on the first charge.

39. Q. What is the finding of the court on the second charge?

The trial judge advocate then drew up the finding.

The defence counsel made a submission in mitigation of punishment.

The defence counsel called as witness to give evidence of general character.

First examined by prosecutor.

Re-examined by accused Examination by defence counsel Examination by court Examination by trial judge advocate The trial judge advocate read the entries against the accused in the Conduct On re-opening the President directed the trial judge advocate to pronounce the sentence.

The trial judge advocate pronounced the sentence as drawn up by the court The President ordered the accused to be removed and dissolved the court.

FORM No.20 ABSTRACT OF CERTIFICATES [See regulation 192(3)] ABSTRACT of the Certificates of Of Indian Naval Ship………………………………………….

Ship Rank Period served During which period he has Signed by From To conducted himself Trial Judge Advocate.

Form No.21 ORDER FOR BOARD OF INQUIRY (See regulation 200) From } At } Date } To } ORDER FOR BOARD OF INQUIRY You are hereby required to assemble in ………………………………………… Ar……………………………….on…………………………………………the………… Day of…………………………….19………….., as a board of inquiry whereon ……… ………………………………is to be the President and to hold a full and careful investigation into the circumstances of …………………………………………………….

2. Your report is to be accompanied by the minutes are to be numbered in one series throughout, and is to contain an expression of your opinion on the merits of the case as disclosed by the evidence, it is also to state fully to whom, if to any person, blame is attributable, and to what extent.

3. The questions in the minutes are to be numbered in one series throughout, and the minutes as well as the report, are to be signed by the president and members of the board. The name of the witness under examination is to be noted at the head of each page………………..copies of the report and minutes are to be furnished.

4. Before submitting the minutes and report, you are to see that all papers (or copies of them, if originals are not available) referred to in the proceedings of the board accompany the original and all copies of the minutes, and that the regulations regarding the preparation and submission of the minutes have been fully complied with.

5. Any other matter which arises from the proceedings and which the board considers should be brought to the notice of the convening officer is to be made the subject of a separate report.

6. You are to be guided by Chapter VII of the Navy (Discipline and Miscellaneous Provisions) Regulations, 1964 and Navy Orders issued on the subject from time to time.

7………………………..is to arrange for the attendance of such witness as may be required to be examined by the board.

8……………………………is to arrange for the presence during the inquiry of a confidential stenographer and for provision of the necessary stationery.

9. All relevant papers are herewith handed to the president of the board who is to return them with the minutes in due course.

……………………………… Signature of convening Officer.

FORM No. 22 FORM FOR FORWARDING MINUTES OF PROCEEDING OF BOARD OF INQUIRY, DISCIPLINARY COURT ETC.

(See Regulation 208) PROCEEDINGS of a(a)…………………………………………………………… Assembled at…………………………………………… On the…………………..............

By order of……………………………………………For the purpose of

(b)…………………………………………………………………......................................

……………………………………………..........................................................................

……………………………………………………………………………………………… …………………………………………………………………………………………….

Presiding Officer:

Members:

1…………………………………………………………………………..

2…………………………………………………………………………..

3……………………………………………………………………………… Sir, I have the honour to submit the findings, recommendation and the minutes of proceedings of the above mentioned(a)………………………………………………………………………………..

…………………………………………………………………………………… together with various exhibits. The convening order No………………………………………… dated…………………………………….is also enclosed herewith.

Signature………………………………… Rank……………………………………..

To …………………………………..

PART II REMARKS OF THE ADMINISTRATIVE AUTHORITY ON THE REFORT OF

(a)…………………………………….

Signature………… Dated...................... Rank…………… Appointment………………..

To The Chief of the Naval Staff.

……………………………………………………………………………………………

PART III ORDER OF THE CHIEF OF THE NAVAL STAFF Signature…………… Dated……………… Rank………………

(a) Here put the nature of the board, court, committee, etc. (this form is used for forwarding the proceedings of board of inquiry, disciplinary court, or any other such body.)

(b) Here state the purpose as contained in the convening order.

FORM No. 23 FORM FOR SUMMONING WITNESSES REQUIRED TO GIVE EVIDENCE BEFORE A BOARD OF INQUIRY [See regulations 204 and 233 and Section 134(2)] To WHERE AS……………………………………….has ordered a board of inquiry to assemble at…………………………………………at……………………………………..

on ……………………….day of…………………………19………….., and whereas it appears your evidence is likely to be material (and that you have in your possession and control certain documents which are listed on the reverse and which are also material) for the said inquiry, I do hereby, by virtue of the power given to me under Section 134(2) of the Navy Act read with regulation 233 of the “Navy (Discipline and Miscellaneous Provisions) Regulations 1964,” summon and require you to appear before the said board on the ………………….day of…………………19……….at……… (and also to produce the said documents) and so to attend from day to day until you shall be duly discharged; wherein you fail at your peril.

Given under my hand at…………………………this……………………day of………………… Signature………………… Rank……………………… Appointment……………… FORM No. 24 SUMMONS FOR WITNESSES REQUIRED TO GIVE EVIDENCE BEFORE OFFICER PREPARING A SUMMARY OF EVIDENCE.

[See section 134(2) and Regulation 233] To …………………………………….

Whereas a charge of having committed an offence triable by court-martial has been preferred against……………………………………………………………….

And whereas a summary of evidence has been directed to be taken by 134 of the Navy Act, 1957 require you to attend before the said ………………………………and so to attend from time to time as directed by him until you shall be duly discharged; wherein you shall fail at your peril.

Given under my hand this day of 19.

(Signature)……………………….

Senior Officer at the Station.

FORM No. 25 SUMMONS FOR WITNWSS REQUIRED TO GIVE EVIDENCE BEFORE A COMMANDING OFFICER [See Section 134(2) and Regulation 233] To ………………………………………………..

Whereas the Commanding Officer, I. N. S………………………………………… is investigating a complaint against………………………………………………………...

(rank), Personal Number………………………….and it appears that you are likely, to give material evidence in the matter, I do hereby, in exercise of the powers conferred on me by section 134 of the Navy Act, 1957, require you to attend before the Commanding Officer, I. N. S. ……………… on………. day of…………., 19…….., at……………forenoon to testify what you know concerning the matter and not to depart thence without the leave of the Commanding Officer; wherein you shall fail at your peril.

Given under my hand this day of 19 (Signature)……………… Judge Advocate General of the Navy/ Senior Officer at the Station.

Form No. 26 SUMMONS FOR WITNESSES REQUIRED TO GIVE EVIDENCE BEFORE A COURT- MARTIAL (See regulation 233) (Witnesses subject to Naval Law) To …………………………………….of I. N. S.

.……………………………………of I. N. S.

..………………………………… of I. N. S.

…………………………………… of I N. S.

A court-martial having been summoned to assemble on board (on shore at……………….)………………………………………..at on the day of 19 , for the trial of of Indian Naval Ship.

You and each of you are hereby required to attend at the sitting of the court on the day at the time above mentioned.

It is requested that this document may be signed by each witness and returned to me.

Given under my hand at this day of 19.

Signature………………………..

(Trial Judge Advocate) (Note:- The names of any number of witnesses belonging to the same ship may be included in a summons in the above form.)

224 Naval-19 FORM No. 27 SUMMONS FOR WITNESSES REQUIRED TO GIVE EVIDENCE BEFORE A COURT- MARTIAL (See Regulation 223) (Witnesses not subject to Naval Law) To …………………………………….

Whereas a court-martial has been ordered to assemble on board Indian Naval Ship…………..(on shore at………………) at…………..on the ………..day of ……..19………For the trial of………………………………….of Indian Naval Ship……………………on charge of And where as it has been stated to me that your evidence will be material (and that you have in your possession and control certain documents which are also material for the trial and determination of the matter to be brought before the court), I do hereby, by virtue of the power given to me by the Navy Act, 1957 summon and require you to attend at the sitting of the said court on the ………….day of………………….19…………..at…………..O’ clock (and to bring with you the documents hereinafter mentioned namely,……………………………………..)

and so to attend from day to day until you shall be duly discharged; and you are hereby required to obey this summons on pain of the penalties declared by the said Act.

Given under my hand at…………………………this………………….day of………….

Signature…………… (Trial Judge Advocate).

FORM No. 28 WARRANT FOR ARREST (See Section 83) To …………………………………………… and all others whom he may call upon to assist him in the execution of this warrant.

I,……………………………………………………………………..,being the officer in command of Indian Naval Ship”…………………………………………………………” Do hereby suthorise you, and all others aforesaid, to arrest ……………………………………….} ………………………… ……………………………………….} belonging to the said ………………………… ……………………………………….}Ship, for ………………………… Such being an offence against the Navy Act, and you are to bring the said.

……………………………………………………………………………………………………..

on board the said Ship or some other Indian Naval Ships, to answer for the said offence, and to be further dealt with according to Law.

Given under my hand this…………………………….day of………….19………………..

Signature……………… Designation…………… To be dispatched when required.

DESCRIPTION OF DESERTERS OR ABSENTEES Name………………………………………………………………………………………………..

Offical Number…………………………………………………………………………………….

Rank………………………………………………………………………………………………… Date of birth………………………………………………………………………………………….

Date of Desertion or absence………………………………………………………………………….

Usual place of residence……………………………………………………………………………….

Description- Height……………………………………………………………………………………… Complexion……………………………………………………………………………… Hair………………………………………………………………………………………… Eyes……………………………………………………………………………………… Marks on person Warrant for apprehension issued To the Police at……………………………………………………………………………… Remarks, including any indication As to probable whereabouts of The absentee.

I.N. S.

Commanding Officer To be detached when not required.

FORM No. 29 WARRANT OF INTERIM COMMITMENT UNTIL EXECUTION OF THE SENTENCE OF DEATH (See section 148) To The Superintendent (Keeper) of the Jail ______________________________________at_______________________________________ The Captain, Naval Detention Quarters.

WHEREAS at a court-martial held on……………………………day of………………….19…… …………………………………………Name……………………………..Ex-Rank or rate ……Ex-official Number (if any)….of Indian Naval Ship…………………………………..was dluly convicted of the offences under ………….of the Navy Act, 1957 (Indian Penal Code) and sentenced to suffer death subject to the confirmation of the said sentence by the Central Government; this is to authorize and require you, the said …………………..………………………..into your custody in the said jail/detention quarters together with this warrant and him to keep until you shall receive the further warrant or order of the Chief of the Naval Staff*/Convening Authority for carrying into effect the said sentence or otherwise.

Given under my hand and the seal of my office, this………………….day of…………………… ……………………….19…………………………….

Seal Signature…………………..

Designation………………… Delete as necessary Form No.30 WARRANT FOR EXECUTION OF A SENTENCE OF DEATH (See section 149) To The Superintendant of Jail………………………………………………………… WHEREAS Name of the Prisoner………………………………….(a) Ex- Rank………….……………………….(a) Ex-Official Number (if any)…………………… Of Indian Naval Ship………………………………………..was tried by court-martial on…………………. And sentenced to death and ha been by warrant dated……………………………………..committed To your custody;

AND WHEREAS the order of the Central Government confirming the said sentence has been received which order is annexed hereto, this is to authorize and require you the said……………………………………………to carry the said sentence into execution by causing the said……………………………………………….to be hanged by the neck until he be dead at (b)………………………………………………..(a) or be shot to death at (b) …………………. And to return this warrant to me with an endorsement that the sentence has been executed.

Given under my hand and the seal of my office this……………………day of…………………………………………..19………………………..

Seal Signature…………………………….

Designation…………………………..

(a) Delete as necessary

(b) Time, date and place of execution.

FORM No. 31 ORDER FOR TRANSFER OF PRISONER PERSON UNDER DETENTION (See section 154) By………………………………………………………………………………… WHEREAS at a court-martial held on board Indian Naval Ship*………………………………………..at…………………………………….on On shore at The ……………………day of……………………………19……………….., Name………………………………………..*Ex-Rank…………………………………… *Ex-Official Number (if any)…………………………………of Indian Naval Ship……………..was found guilty of offences under section/s………………………………………………, and sentenced to be………………………………………………………………………………………… AND WHEREAS I deem it expedient that the said …………………………….who is now confined under the said sentence in the …………………………………….at…………………………………shall be delivered over to naval custody for the purpose of attending a court-martial to be held at…………………………………………..on the …………….……………………day of………………………………………….19.

I do hereby require and direct you to deliver over the said…………………………………..To naval custody for the purpose aforesaid.

Dated on board Indian Naval Ship…………………………….at……………………….this………………………day of………………………………………………19, Signature………………………… Designation……………………..

To ……………………………..

……………………………..

*Delete necessary FORM No.32.

ORDER FOR RETRANSFER OF PRISONER OR PERSON UNDER DETENTION (See section 155) By………………………………………………………………………………………… WHEREAS by an order dated……………………………………………………………………….Name……………… ………………………………………………Ex-Rank………………………….*Ex- Official Number(if any)……………………of…………………………………………………….Was ordered to be delivered into naval custody and has been in naval custody for the period ………….

Days and whereas he is no longer to be detained in such custody, I do hereby require and direct you to receive him in your custody for undergoing the remainder of the punishment until he shall be delivered in due course of law.

Signature…………………………… Dated……….. Designation…………………… To ………………………………..

…………………………………… *Delete as necessary.

FORM No. 33 WARRANT FOR REMOVAL OF INSANE PERSONS (See section 156) To ……………………………………………………………….

WHEREAS (Name)…………………………………………………………………………… Ex-Rank……………………………………………………Ex-Official Number (if any)…………….Is undergoing imprisonment*/detention under the Navy Act, 1957 and has become insane in witness whereof a certificate has been given by…………………………………………….the Central Government hereby directs that the said…………………………………………………….be removed to………………………………………………………………for the unexpired term of his imprisonment or detention or until further orders are given thereon by the Central Government.

Seal Signature…………………………… Dated……………… Designation………………………… *Delete as necessary.

FORM No. 34 FORM FOR RETRANSFER OF THE PRISONER TO THE JAIL OR DETENTION QUARTERS (See section 156) To Keeper of (a)……………………… At…………………………….

WHEREAS…………………………………..(Name)………………………(b) Ex-Rank………………………………………….(b) Ex-Official Number (if any) was transferred to (a)……………………………………………..by order dated………………………………………… AND WHEREAS in accordance with the certificate issued by…………………………………he has been certified to be of sound mind, the Central Government hereby orders the said………………………………….to be removed to ©…………….

To undergo the remainder of his punishment and this warrant shall be sufficient authority for keeping the said……………………………….in the said jail(b)/detention quarters until he is delivered in due course of law.

Seal Signature……………………..

Designation…………………..

Dated………………………….

(a) The name and place of the Asylum.

(b) Delete as necessary

APPENDIX II I CRIMINAL PROSECUTION OF AN OFFENDER IN CIVIL COURT IN CASES IN WHICH THE INDIAN NAVY IS DIRECTLY INTERESTE & II DEFENCE OF SAILORS CHARGED WITH CRIMINAL OFFENCES

(151) APPENDIX II (See Regulation 126) I CRIMINAL PROSECUTION OF AN OFFENDER IN CIVIL COURT IN CASES IN WHICH THE INDIAN NAVY IS DIRECTLY INTERESTED In cases in which the Indian Navy is directly interested financially or otherwise in the Prosecution of an offender in a Civil Court (whether subject to the Navy Act, 1957 or not), the following procedure shall be followed:-

(a) either the Solicitor of the State Government where the accused is prosecuted should be employed, or when the prosecution is directly controlled from Naval Headquarters, the Solicitor to the Government of India, who will if necessary, take further advice from the Advocate General, or the Government Advocate, according to the State in which the prosecution is being conducted; and

(b) no prosecutions shall be instituted without adequate legal advice being taken in writing, and that no prosecution shall be instituted or withdrawn in any manner contrary to such legal advice without reference to the Central Government.

2. In each cases, the prosecution will ordinarily be conducted by the Public Prosecutor, the prosecuting staff of the Police Department, the Government Pleader or other Legal Officer of the State Government concerned in which case the expenses of the prosecution will be defrayed by the civil authority in the ordinary course.

3. When, however, the employment of a Government Pleader or other Legal Officer of the State Government concerned is not feasible owing to the nature of the case, or for other reason, and the Government Law Officer, who is consulted, advises the employment of special counsel, the fees, traveling and detention allowances of the latter may, on the advice of the Government Law Officer concerned, be sanctioned by the Chief of The Naval Staff who formally engages counsel.

The Chief of the Naval Staff is also empowered to meet expenditure on court fees, process fees, and the like, on a requisition to be made by the Advocate General, Government Pleader, Government Solicitor or other law officer or counsel concerned.

4. The amount of fees agreed upon shall immediately be reported to the Central Government together with an estimate of the total cost involved. On conclusion of the case, a report of the result and a complete statement of costs shall be forwarded to the Central Government.

II DEFENCE OF SAILORS CHARGED WITH CRIMINAL OFFENCES

5. The following are the rules for the defence of sailors charged with criminal offences, and prosecuted by Government in Civil Courts:-

(a) When sailors are to be tried by a Civil Court upon any criminal charge, the Chief of the Naval Staff or the Administrative Authority shall consult the District Magistrate and arrange with him for the selection and remuneration of a pleader or advocate as the importance and necessities of the case may require.

“(b) Except in cases in which the Central Government are interested, the maximum amount that may be paid to the pleader or the advocate shall not exceed the amount payable to the Government/Pleader or advocate as fixed by the Central Government;”

(c) The Chief of the Naval Staff or the Administrative Authority as the case may be, shall appoint a pleader or advocate only in cases where he thinks it desirable.

The amount to be paid to counsel shall definitely be settled beforehand.

Subject to the above maxim. If suitable counsel cannot be obtained for the remuneration admissible under these rules, the case shall be reported to the Central Government with a view to their orders being obtained thereon.

(d) In High Courts in which counsel may not plead unless instructed by a solicitor, a solicitor may be employed and his bill of costs, which should include counsel’s fees [subject to the restrictions laid down in clause (b) above] shall be submitted to the Legal Remembrancer of the State Government and his certificate obtained that the amount of the bill is reasonable before it is submitted for the orders of the Government.

(e) When counsel is rightly provided for the defence of a sailor at the first trial in a civil court, counsel can also be provided when considered necessary on appeal, subject to the limitations laid down in clauses (b) and (c) above.

APPENDIX III A NOTE ON CEREMONIAL IN CONNECTION WITH A COURT-MARTIAL (See Regulation 175) The ceremonial which accompanies the assembling of a court-martial and during its proceedings is not, strictly speaking, a part of the actual trial and a deviation there from shall not affect the validity of the proceedings. All persons concerned with naval court-martial shall, however, strive to maintain a tradition which has for its object the maintenance of the dignity of the court and the retention of the supremacy of the rule of law.

2. Preliminary Ceremonial – (a) The National Flag shall be hoisted whenever a courtmartial is sitting or is about to sit. It shall be worn at the peak or at the yardarm as appropriate.

(b) on the day on which a court-martial is to sit a gun shall be fired when colours are hoisted, or at the time when the signal is made, if the court is ordered to sit immediately

(d)If the court sits for more than one day, the National Flag shall be hoisted and a gun fired each day when colours are hoisted.

(e)The National Flag shall be hauled down when the court adjourns for the day.

(f)Instructions for firing the court-martial gun shall be issued by the convening authority. It shall normally be fired by the ship in which the court-martial is to be held, but if this is not practicable for any reason, the gun may be fired by any ship or shore battery in the vicinity.

(g) Captain and Commanders while attending as members of a court-martial, shall be received by a petty officer’s guard, but such guard shall present arms only to the president of the court. Members below the rank of Commander shall not be received by a guard.

(h) Instructions for provision of guard when not paraded by the ship in which the court is being held, shall be issued by the convening authority.

(i) Between hours of colours and sun-set the side shall be piped to the members of Court-Martial proceedi ng to attend or returning from the court, while coming on board or leaving any of the Indian Naval Ships.

(j) Officers attending as members of court-martial shall ensure that they arrive before the president of the court in order that they may be present to receive him on his arrival.

(k) The trial judge advocate shall receive the president at the entrance of the court room and then introduce the other members of the court to him.

3. (a) The president and members of the court shall assemble and take their seats while the spare members shall stand at one end of the court table.

(b)The members shall sit in order of seniority, the officer next senior to the president sitting on his right, the next senior on his left and so on.

(c) Members of the court shall assemble with their caps on and shall not remove them until the president is about to be sworn. All Service personnel present in the court shall follow the motions of the court in the matter of wearing and removing caps. Officers under instruction shall be admitted when the court assembles.

(d) The trial judge advocate shall sit on a table placed on the left hand of the court table but on the same level with the court where there is a raised platform.

(e) Facing the court table, two tables shall be placed, one for the accused and the defending officer or counsel and other for the prosecutor. The accused’s table may conveniently be on the left hand side of the president and the prosecutor’s table on the right hand side. The witness box may be placed on the right hand side of the court table.

(f) The Short-hand writer shall sit immediately below the court where there is platform for the court to sit, otherwise in a place near the trial judge advocate.

(g) A bell or a buzzer may be made available to enable the president or the trial judge advocate to summon the officer of the court.

4. The officer of the court shall report to the president whether all witnesses are in attendance. The president, when he is ready to declare the court open, may summon the officer of the court and ask for this report.

5. (a) The president shall declare the court open and direct that the accused be brought in. The accused shall be brought in by the provost marshal.

(b) The provost marshal shall carry a drawn sword while escorting the accused in and out of the court. He shall, however, “return” the sword when the accused takes his seat. If the accused himself gives evidence, the Provost marshal shall accompany him to the witness-stand and stand at attention behind him while he gives his evidence. If this is likely to be protracted, the president may allow the provost marshal to be seated in close proximity to the accused in which case he may “return” the sword while he is sitting. The provost marshal shall generally follow the movements of the accused in the matter of standing or sitting and taking off or wearing his cap.

NOTE:- The provost marshal cannot take off his cap when he has a drawn sword.

(c) The accused, if he wears a cap, shall remove it when the president is about to take the oath. He shall remain standing until the president gives him permission to sit. This shall usually be done after the plea, or after a plea in bar of trial, if any.

(d) If the accused is an officer and wears a sword, his sword in his scabbard shall be laid on the table opposite to the president so that neither the hilt not the point is towards the accused.

(e) The officer of the court shall follow the accused in the court and shall ask him for his sword and place it on the court table.

6. (a) The defending officer or the counsel for the accused shall follow the accused in the court. The trial judge advocate shall announce his name to the court.

(b)The defending officer or the counsel for the motions of the court in the matter of wearing his cap. On entering the court he shall salute the president and may then take his seat.

(c) If the accused is defended by a counsel, he shall wear his robes. On entering the court he shall bow to the president and then take his seat.

7. The prosecutor and his assistant, if any, and the audience shall then be admitted.

If he is a Service Officer, the prosecutor shall salute the court and take his seat. If he is a counsel, he shall bow to the president and then take his seat.

8. (a) The trial judge advocate shall read from his seat the warrant for assembling the court.

(c) The president to whom the warrant has been issued by the convening authority shall bring this document to the trial. The trail judge advocate may obtain from the president the original copy thereof before the commencement of the court.

9. The trial judge advocate shall then read the names of the officers available to form the court and shall ask the prosecutor and then the defence whether they object to anyone of them. The names of the spare members shall not be read. Objections, if any, shall be disposed of in accordance with the provisions of section 102 of the Navy Act .

10. After the objections, if any have been duly disposed of, the trial judge advocate shall announce: “The court has been duly constituted. Gentlemen, off caps, if you please.”

11. (a) The trial judge advocate shall then administer oath or affirmation to the president and the members.

(b) When the oath is being administered, the president or the member concerned and the trial judge advocate shall stand in their respective places.

12. (a) The president shall then administer oath or affirmation to the trial judge advocate.

(b)In administering the oath, the president and the trial judge advocate shall both stand at their respective places. It will perhaps be more convenient for the president to request the trial judge advocate to make his oath or affirmation.

13. The trial judge advocate shall then administer oath any officer under instruction.

14. The trial judge advocate shall ask the accused whether he objects to the shorthand writer or other person employed to record the proceedings, and if there is no objection, he shall administer to him the prescribed oath or affirmation.

15. (a) The trial shall then proceed in accordance with the normal procedure, the prosecution and the defence presenting their cases respectively through the witnesses called by them.

(b) Whenever in the course of a trial it appears desirable to the trial judge advocae that arguments and evidence as to the admissibility of evidence or arguments in support of an application for separate trials or on any other points of law should not be heard in the presence of the court, he may advise the president of the court accordingly and the president shall thereupon make an order for the court to retire or direct the trial judge advocate to hear the arguments in some other convenient place in accordance with section 114(2) of the Navy Act.

(c) Since, it may not normally be possible to find another suitable place with necessary furniture, fittings and facilities for the trial judge advocate, the accused, the defending officer or counsel, the prosecutor and his assistant, the stenographer, witnesses and audience, it may be desirable and convenient for the court to retire to an appropriate room to be kept ready for the purpose. The trial judge advocate should settle this before hand with the president of the courtmartial.

(d) Whenever the court has to retire and under these circumstances all present in the court room shall stand in their places as the members of the court file out of the court room for going to the retiring room.

(e) After the necessary arguments have been heard and the point at issue decided, the trial judge advocate shall inform the court through the officer of the court.

Members of the court shall then come in and resume there seats. All present in the court shall stand in their seats only after all members of the court have resumed their seats and have taken off their caps.

(f) The trial shall then proceed in the normal manner.

(g) After the summing up by the defence, the prosecution and the trial judge advocate, the court shall be cleared to consider the finding. The trial judge advocate, the officer under instruction and the stenographer shall also withdraw from the court.

16. Then the court has considered the finding, the president shall inform the officer of the court that the court intends to re-assemble. There upon the trial judge advocate, the prosecutor, the defence and the audience shall be admitted. If an accused officer has been found guilty on any charges(s), his sword shall, before the court is reopened, be so laid that the point is towards the accused; conversely if he has been found not guilty on all charges, the hilt should point towards him. See paragraph 5(d)

17. (a) The court shall assemble with caps on.

(b) After the court has re-assembled, the trial judge advocate shall ascertain from the president the findings of the court as follows:- “Mr. President, as to the first charge, what is the finding of the court?”

(d) The trial judge advocate shall thereupon draw up the findings and submit the same for signature of the members by way of attestation starting with the junior-most member. The finding shall be counter-signed by the trial judge advocate.

(e) The trial judge advocate shall then announce the finding in the Court.

18. (a) If the accused is found guilty on any charge, the court shall proceed to consider the question of awarding punishment. The trial judge advocate shall announce.

“Gentlemen, off caps, if you please”.

(b) After hearing the trial judge advocate, the prosecutor and the defence in this respect, the court shall then close to consider the sentence.

(c) The trial judge advocate shall sit with the court while they are considering the sentence and assist the court in the determination of the sentence but shall not vote thereon.

(d) When the court has decided on the sentence the trial judge advocate shall draw up the sentence, which is to be signed by every member of the court notwithstanding any difference of opinion that there may have been among the members. The sentence shall be counter-signed by the trial judge advocate.

19. (a) The court shall then re-assemble, the accused shall be brought in and the defending officer, the prosecutor and audience and witnesses admitted. The trial judge advocate shall then announce the sentence.

(b) The court shall assemble for this purpose with their caps on.

20. After the sentence has been announced, the president shall direct that the accused be removed and declare the court to be dissolved and the National Flag to be hauled down.

21. The president shall wait on the convening authority or the senior officer present with the letter reporting the finding and the sentence.

APPENDIX - IV PERSON SUBJECT TO THE NAVY ACT CHARGED BEFORE A MAGISTRATE WITH OFFENCES TRIABLE BY COURT – MARTIAL (See Regulation 114-A) “Government of India, Ministry of Home Affairs Notification No. SO-488 dated the 9th February, 1978. Procedure in cases where a person subject to Military, Naval or Air Force Law is brought before a Magistrate charged with an offence for which he is liable to be tried by a Court-Martial.” SO – 488:- In exercise of the powers conferred by sub-section (1) of section 475 of the Code of Criminal Procedure, 1973 (2 of 1974), and in supersession of the Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules, 1952, the Central Government hereby makes the following rules for the trial of the persons subject to Military, Naval, Air Force laws or Coast Guard law or any other law relating to the Armed Forces of the Union by a court to which the said Code applies, or by a Court- Martial, namely:-

1. These rules may be called the Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules 1978.

2. In these rules unless the context otherwise requires.

(a) Commanding Officer

(i) in relation to a person subject to Military law, means the officer Commanding the Unit to which such person belongs or is attached;

(ii) in relation to a person subject to Naval Law, means the Commanding Officer of the Ship or Naval establishment or Unit to which such person for the time being belongs as is attached; and

(iii) in relation to a person subject to Air Force Law, means the officer for the time being in Command of the Unit to which such person belongs or is attached;

(iv) in relation to a person subject to the Coast Guard law, means the Commanding Officer of the Coast Guard ship or establishment or Unit to which such person belongs or is attached, and

(b) “Competent Air Force Authority” means the Chief of the Air Staff, the Air or other officer Commanding any Command, Group, Wing or Station in which the accused person is serving in a field area, the officer Commanding the forces or the Air Forces in the field;

(c) “Competent Military Authority” means the Chief of the Army Staff or Officer Commanding the Army, Army corps, Division, area, sub-area or independent Brigade in which the accused person is serving, and except in cases falling under Section 69 of the Army Act, 1950 (46 of 1950) in which death has resulted, the Officer Commanding the Brigade or sub-area or station in which the accused person is serving;

(d)“Competent Naval Authority” means the Chief of the Naval Staff or the Flag Officer Commanding-in-Chief, Western Naval Command, Bombay or the Flag Officer Commanding-in-Chief, Eastern Naval Command, Visakhapatnam or the Flag Officer Commanding-in-Chief , Southern Naval Command, Cochi or the Flag Officer Commanding, Western Fleet or the Flag Officer Commanding, Eastern Fleet or senior Naval Officer where the accused person is serving.

(e) “Competent Coast Guard Authority” means the Director General or Inspector General or Deputy Inspector General within whose command the accused person is serving.

3. Where a person subject to Military, Naval or Air Force Law or Coast Guard law or any other law relating to the Armed Forces of the Union for the time being in force is brought before a Magistrate and charged with an offence for which he is also laible to be tried by a Court-Martial, or Coast Guard Court, such Magistrate shall not proceed to try such person or to commit the case to the Court of session, unless:-

(a) he is moved thereto by a competent Military, Naval, Air Force or Coast Guard authority; or

(b) he is of opinion, for reasons to be recorded, that he should so proceed or to commit without being moved thereto by such authority.

4. Before proceeding under clause (b) of rule 3, the Magistrate shall give a written notice to the Commanding Officer or the competent Military, Naval, Air Force or Coast Guard authority, as the case may be, of the accused and until the expiry of a period of fifteen days from the date of service of the notice he shall not: -

(a) convict or acquit the accused under section 252, sub-sections (1) and (2) of section 255 sub-section (1) of section 256 or section 257 of the Code of Criminal Procedure, 1973 (2 of 1974) or hear him in his defence under Section 254 of the said Code; or

(b) frame in writing a charge against the accused under section 240 or subsection (1) of section 246 of the said code; or

(d) make over the case for inquiry or trial under section 192 of the said code.

5. Where a Magistrate has been moved by the competent Military, Naval, Air Force or Coast Guard authority, as the case may be, under clause (a) of rule (3), and such authority, as the case may be, subsequently gives notice to such Magistrate that, in the opinion of such authority, the accused should be tried by a court-martial or coast Guard Court., such Magistrate if he has not taken any action or made any order referred to in clauses under rule 4, before receiving the notice shall stay the proceedings and, if the accused is in his power or under his control, shall deliver him together with the statement referred to in sub-section (1) of section 475 of the said Code to the officer specified in the said sub-section.

6. Where within the period of fifteen days mentioned in rule 4 or at any time thereafter but before the Magistrate takes any action or make any order referred to in that rule, the Commanding Officer of the accused or the competent Military, Naval, Air Force or Coast Guard authority, as the case may be, gives notice to the Magistrate that in the opinion of such officer or authority, the accused should be tried by a court-martial, the Magistrate shall stay the proceedings, and if the accused is in has power or under his control, shall deliver him together with the statement referred to in sub-section (1) of section 475 of the said Code to the officer specified in the said sub-section.

7. (1) When an accused has been delivered by the Magistrate under Rule 5 or 6, the Commanding Officer of the accused or the competent Military, Naval, Air Force or Coast Guard authority, as the case may be, shall as soon as may be, inform the Magistrate whether the accused has been tried by a court-martial or Coast Guard Court or other effectual proceedings have been taken or ordered to be taken against him.

(2) When the Magistrate has been informed under sub-rule (1) that the accused has not been tried or other effectual proceedings have not been taken or ordered to be taken against him, the Magistrate shall report the circumstances to the State Government which may, in consultation with the Central Government, take appropriate steps to ensure that the accused person is dealt wioth in accordance with law.

8. Notwithstanding anything in the foregoing rules, where it comes to the notice of a Magistrate that a person subject to Military, Naval, Air Force or Coast Guard law, or any other law relating to the Armed Forces of the Union for the time being in force has committed an offence, proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through Military, Naval, Air Force or Coast Guard authorities, the Magistrate may by a written notice require the Commanding Officer of such person either to deliver such person to Magistrate to be named in the said notice for being proceeded against according to law or to stay the proceedings against such person before the court-martial if since instituted, and to make a reference to the Central Government for determination as to the court before which proceedings should be instituted.

9. Where a person subject to Military, Naval, Air Force or Coast Guard Law, or any other law relating to the Armed Forces of the Union for the time being in force has committed an offence which in the opinion of competent Military, Naval, Air Force or Coast Guard authority, as the case may be, ought to be tried by a Magistrate in accordance with the civil law in force or where the Central Government has on a reference mentioned in rule8, decided that proceedings against such person be instituted before a Magistrate, the Commanding Officer of such person shall after giving a written notice to the Magistrate concerned, deliver such person under proper escort to that Magistrate.

CONCORDANCE OLD TO NEW Regs. IN Disposal Regs. IN Disposal Art No. Art No.

315 Regs. 153(I) 325 (I)

(2) Not applicable in the Indian Navy 316 (I) Administrative Provision (3) Not necessary -To feature in Non-Statutory Manual of Naval Law. 326 Navy Act Section 122 Proviso

(ii) 153(4)

(iii) Not necessary in view of Navy Act Section 97 (a) 327 187

(iv) Administrative Provision- 328(I) Navy Act Section 99 To feature in Non-Statutory (2)} Manual of Naval Law. (3)} 169.

(4)} Not necessary-Matter of Administrative direction.

317 154 318 Not necessary (5) 165

(6) 175

(7) 181 319 (1)} 329

(2)} 172 & 173

(3)} 329 (I) 169, 170

(2) 171, 233 320 (1) (3)

(2)

(3) Obsolete (4) Obsolete in view of

(4) (5) provisions of Navy Act.

(5)

(6) (6) 190, 191

(7) 330 Navy Act Section 100.

321 (i) 156

(2) 159 331 (I)

(2) 322 (i) 160 (3)

(4)Navy Act Sections 101 & 102

(5)

(6) 323(I) 161 (7)

(2) 164 (8)

(3) 163 (9) Regs. IN Disposal Regs. IN Disposal Art No. Art. No.

332 (I) Navy Act Section 103

(2) Navy Act Section 103(2) 346 Navy Act Section 69, 139 & 140 333 334 No corresponding provisions as the matter 347(I) Navy Act Sections 133 is now covered by the Indian Evidence Act. (2) (a)

(b) 183 ©

(d) 335 Navy Act section 105 (3) Obsolete 336 Navy Act Sections 106 & 107 348 Covered by the Indian Evidence Act 337(I)}Navy Act Section 108 349 185

(2)} 350 (i) Administrative Provision-To

(ii)feature in Non-102 Statutory Manual of Law 338(1) Navy Act Section 109 (iii)Covered by Indian Evidence

(2)” “ “ Act shall also feature in Manual

(3)” “ “ of Naval Law.

(iv) 339 Regs. 191 (v)

(vi) 340 (1) Navy Act Section 110 (vii)

(2) (viii) 341 (I) Redundant in view of provisions having 351 178(3) been made for making affirmations 352 Purely advisory, not necessary.

342(i) 166(g) 353(I) Navy Act Sections III & 131

(ii) 178(3) (2) “ “ “

(3) “ “

(4) “ “ “ 354 182 343 (I) 179 355 Navy Act Section 124 and Reg 188.

(a) Covered by the Indian Evidence Act

(b) 179(5) 356 Navy Act Sections 116, 117 and

(4) 180 118

(5) 181

(6) Not necessary in view of Navy Act Section 137 357 Navy Act Section 117 and 118.

(7) 178 344 Navy Act Sections 135 and 136 358 Navy Act Section 19 345 190(3) 346 Navy Act Section 69, 139 and 140 Regs. IN Disposal Regs. IN Disposal Art No. Art No.

359(I) Navy Act Section 120 367 to Blank in the Regs. I. N.

(3) 193(2)

(4) 369 360 (i) 370

(ii) Administrative Provision- To feature in 371

(iii) Non-Statutory Manual of Naval Law. 372

(iv) 373

(v) 374

(vi) 375

(vii)

(viii)

(ix) 376 361 (i) Navy Act Sections 147 and 149. 377 378

(ii) Obsolete 379

(iii) Navy Act Sections 150(3) and 151(2) 380

(iv) Navy Act Sections 150(3) and 155 381

(v) Navy Act Section 153 382

(vi) Navy Act Section 154 383

(vii) Navy Act section 154 384 to 363(i) 96(I) 386 Blank in the Regs. I. N.

(ii) 97(I) 387

(iii) 97(2) 200(I) 197

(iv) 97(3) and 100(4) 388(I) 200(2)

(v) 99 (2) First portion obsolete last portion regarding reassembling-Reg.200(2)

(vii)100(3)

(viii) Obsolete-in view of

(ix) Navy Act Section 164 (3) Obsolete

(x) 102 (4) 200(2), 203(1)

(xi) 103(I) and (2) (5) 198

(xii) 104(2) and (3) (6) 203(3)

(xiii) 105 (7) 205

(xiv) 100(4) (8) 205

(9) 203(I)

(10) 203(5) 364 Navy Act Sections 128 (11) 208(2), (4) and (5) 365 190, 191, 192 and 194(2) (12) 208(2) 366 233 (13) 208(3) 389 233 390 207 391(I) Omitted as this refers to the Merchant Shipping Act and Is not relevant to the Regulations Regs. IN Disposal Regs. IN Disposal Art No. Art No.

392 to Blank in the Regs. IN 412(I) 92(I) and (2) 394 (2) 93 395 Obsolete 413(I) 94(I)

(2) 94(2) 396 210 414 Incorporated in part I 397 211 (Non-Statutory) as Reg.0137 398 212 399 213 415 227 415-A 228 399 213 416(I) 229(I)

(2) (2) 400(I) 89(I) and (2) 417 Omitted No.

(2) 89(3) Provisions corresponding to

(3) 95(I) and (2) Sections of Act of

(4) 95(2) Parliament referred to therein exist.

418 230 419 Omitted. This article has been

(5) 95(3) incorporated in Part I

(6) 95(4) (Non-Statutory)as Regulation

2016.

400-A 91 420 231 (vide NI 136/60) 421 232 401 214 422} Incorporated in Regulations 290 402(I) 215(I) 423} to 301 in part I II (Non-Legal)

(2) 215(2) 424} of the Regs.

425} 403 216, 217 426} 404 220 426-A} 405 Obsolete 427} 406(I) 221(I)

(2) 220(2) 428 Covered by NI 158/61 407 222 and incorporated in 408 223 Part III (Non-legal) 409 224 (Regulations 302 to 410 225 310) of the Regs. Navy.

411(I) 226(I) 429 Covered by NI 159/61

(2) Obsolete and incorporated in Regulations 311 to 318 in Part III (Non-Legal) of the Regs. Navy.

Regs. IN Disposal Regs. IN Disposal Art. No. Art No.

430(I) 7 (6) Obsolete

(2) 12 (7) 37(5)

(3) 8

(4) 7(3) and 8 437 Omitted. Matter covered by Disposal of Property Regulations 431(I) 11, 21 438

(2) 11, 21 to Obsolete.

(3) 11, 21 444

(4) 21, (13) 432(1) 25,32

(2)

(3) 20(3)

(4) 25(5)

(5) 25(6)

(6) 28(I)

(7) 28(3) 447 3

(8) Administrative Provision-To feature in Non-Statutory Manual 448 (I) 15 of Naval Law. (2) 106

(3) Obsolete

(4) Obsolete 433(I) 16

(2) 19 449(I) Obsolete

(3) 20(I) & (2) (2) 107

(4) 18

(5) Incorporated in the prescribed 450 108 form for Punishment Warrant. 451(I) 109

(2) 114 452 Navy Act Section 82 434 71 453(1) 110

(2) 111

(3) 112

(4) 113 435 Administrative To be incorporated 454 (I) 96(2) later in the Manual of Naval Law (2) 98(I)

(3) 98(2)

(4) 98(3)

(5) 99(I) and (2)

(6) 101(2) 436(1) Obsolete. D.W. Disgrace not a summary punishment now

(2) 37(I)

(3)

(4) 37(4)

(5) Regs. IN Disposal Regs. IN Disposal Art No. Art. No.

(7) 102 463 (I) 54(I) & (2)

(8) 103 (2) (3) & (4)

(9) 104 (3) (5)

(10) 105 (4) (6)

(11) 100(2), (4) and I0I(3) (5) (7) 464 Obsolete 455(1) 38(I)

(2) 38(2) 465(I) 55(I)

(3) 39 (2) 55(2)

(4) 30

(5) 38(1) 465(3) 57

(6) Deleted as purely administrative. (4) 55(3)

(7) Obsolete (5) 58(2) 455 (8) Advancement regulation-NI2/S/61 (6) 58(3)

(9) (7) 58(3) and (4) 456 (8) 58(4) & Blank in the Regs. I. N. (9) 58(5) 457 (10) 58(7) 458 61 (11) 57(3) 458-A 62 66(I) 65 459(1) 59(1) (2) 66(2)

(2) (2) (3) 66(3)

(3) (4)

(4) 59(3), (4) & (6) 466 Obsolete

(5) to

(6) 59(4) 470

(7) 60 471 Deleted. Non-Statutory vide NI 167/60 and incorporated in part I as Regulation 3219 472 Deleted.

Purely administrative 460(I) 60(3)

(2) 63(4)

(3) 63(6) & (7) 473(1) 44(1)

(5) 63(8) (2) Deleted as unnecessary 461 51 (3) 41(I)

(4) 44(2) 462(I) 52(I) (5) 44(3)

(2) (2) & (3)

(3) 53(I) & (2) 474(I) 41(I)

(4) (3) & (4) (2) (I)

(3) (I), (2) & (3) Regs. IN Disposal Regs. IN Disposal Art. No. Art, No.

(4) (4) 483 (I) 132(I) & (2)

(5) 42(I) & (2) (2) 132(3)

(6) 43(I) (3) 133(I)

(7) 43(2) (4) 133(2)

(8) 43(3) (5) 134

(6) 135 475 45 (7) Navy Act Section 49(2)

(8) 136

(9) S. R. O. 389 dated 12-12-61 Disposal of property.

(10) 62 476(I) 50(I) 484 Deleted-a cross reference only

(2) (2)

(3) (3) 485(I) 137

(4) (4) (2) 138

(5) (5) (3) 139

(6) Deleted in view of Chapter III (4) 140

(5) 141

(6) 137(2)

(7) 137(3) 477 Obsolete (8) 142

(9) 143 478(I) 68 486(1) 144

(2) Not necessary-being a mere croes (2) 145 reference 487(I) 146(I) & (2)

(2) (3) 479 64 (3) (4) 480(1) Obsolete

(2) 81 480-A To be considered later, No.of practical importance 480-B Deleted – Being out of Place 488 147 481(I) Navy Act Section 49 489(I) 115(I) & (2)

(2) 127 (2) (3) & (4)

(3) 128 (3) (5)

(4) (6)

(5) Omitted- A cross reference.

482(I) 129 490(I) 116

(2) 130 (2) 117(I), (2) & (3)

(3) 130 (3) 117(2)

(4) 130

(5) 131

(6) 131 Regs. IN Disposal Regs. IN Disposal Art No. Art. No.

(4) 119(I) 493 123

(5) 119(3)

(6) 119(4)

(7) 120 494(I) 124

(8) 119(5) & (6) (2) Deleted being out of date

(9) 121 (3) 138(2)

(10) 122 (4) Deleted being out of date

(5) 125 491 126 492 Incorporated in Regulation 3305 in Part I 495 (N0n-Statutory) of the Regs. Navy. 496 Blank in Regs. I. N.

497 CONCORDANCE NEW TO OLD Regulation Corresponding Article Regulation Corresponding Article in Regs.

Number in Regs. I. N. Number I. N.

Chapter I 1 New 30 455(4) 2 New 31 New 3 New 32 432(2) 4 New 33 New 5 New 34 445 and 446 6 New 35 446 Chapter II 7 430(I) & (4) 37 436(2), (3),(4),(5) & (7) 8 430(3) 38 455(I) 9 430 39 455(3) 10 New 40 New 11 431(I) 41 473(3) & 474(I) to (4) 12 430(2) 42 474(5) 13 435 43(I) 474(6) 14 433 43(2) 474(7) 15 448(I) 43(3) 474(8) 16 433(I) 44 473(I), (4) & (5) 17 New 45 475 18 433(4) 46 New 19 433(2) 47 New 20 433(3) 48 New 21 431 49 New 22 New 50 476 23 New 51 461 24 New 52 465(I), (2) & (4) 25 432(I), (2), (4) & (5) 53 462(3) & (4) 26 New 54 463 27 New 55 465(I),(2) & (4) 28 432(6) ?& (7) 56 New 29 New 57 465(3), (II) Regulation Corresponding Article Regulation Corresponding Article Number in Regs. I. N. Number in Regs. I. N.

Chapter IV 58 465(5),(6),(7),(8),(9), & (10) 89 400(I), (2) & (3) 59 459(I) to (6) 90 New 59(4) New 91 400-A vide N. I.136/60 60 460(I0,(2),(6),(7) &(8) 92 412(I) & (2) 61 458 93 412(2) 62 458-A,483(10) 94 413 63 460(I),(2),(6),(7)&(8) 95 400(3) to (6) 64 479 96 363(I) & 454(2) 65 466(I) 97 363(ii) to (iv) 66 466(2) & (3) 98 454(2) 67 New 99 454(5) and 363(v) 68 478(I) 100 363(iv),(vi) and (xiv) and 454(II) 69 478 101 363(vi),454(6) & (II) 70 New 102 454(7) and 363(x) 71 434 103 363(xi)and454(8) 72 New 104 363(xii) & 454(9) 73 New 104(4) 454(8) 74 Appendix XIX N. I. 22/52 105 363(xiii)and454(9) 75 “ 106 448(2) 76 “ 107 449(2) 77 “ 108 450 78 “ 109 451(I) 79 “ 110 453(I) 80 “ 111 453(2) 81 “ 112 453(3) 82 “ 113 454(4) 83 “ 114 451(2) 84 “ 115 489(I)to(4)and(6) 85 “ 116 490(I) 86 “ 117 490(2) & (3) 87 “ 118 New 88 “ 119 490(4) to (6) & (8) 120 490(7) to (10) 121 490(9) Regulation Corresponding Article Regulation Corresponding Article Number in Regs. I. N. Number in Regs. I. N.

122 490(10),370 to 383 155 New 123 493,370 to383 156 321(I) 124 494(I) 157 New 125 494(5) 158 New 126 491 159 321(2) 127 481(2) 160 322(I) 128 481(3) 161 323(I) 129 482(I) 162 New 130 482(2) to (4) 163 323(3) 131 482(5) & (6) 164 323(2) 132 483(I) & (2) 165 328(5) 133 483(3) & (4) 166 342(I) 134 483(5) 167 324(I) 135 483(6) 168 324(2) 136 83(8) 169 329(I) 137 485(I) 170 329(I) 138 485(2) 171 329(2) 139 485(3) 172 319 140 485(4) 173 319 141 485(4) 174 322(ii), 324(3) 142 485(8) 175 328(6) 143 485(9) 176 325(I) 144 486(I) 177 New 145 486(2) 178 343(7), 351 146 487 179 343(I) 147 488, 362(i) 180 343(4) Chapter V 148 New 181 328(7), 343(5) 149 New [see also S.134(2)] 182 354 150 S.134(2), 362(iii) & (iv) 183 347(2) 151 New 184 New 152 New 185 349 153 315,316(ii), 362(v) 186 New 154 317,362(vi) 187 327 188 New 189 New Regulation Corresponding Article in Regulation Corresponding Article Number Regs. I. N. Number in Regs. I. N.

190 329(6), 365 211 397 191 329(6), 365 212 398 192 365 213 399 193 361(2) 214 401 194 361(3), 215 402 195 New 216 403 Chapter VI 196 370 to 383 217 403 197 New 218 New Chapter VII 197 388(I) 219 New 198 388(5) 220 404 & 406(2) 199 New 221 406(I) 200 387 & 388(I) & (4) 222 407 201 New 223 408 202 New 224 409 203 388(4),(6) &(10) 225 410 204 New 226 411(I) 205 388(7) 227 415 206 New 228 415-A 207 390 229 416 208 388(II),(12)&(13) 230 418 209 New 231 420 210 396 232 421 233 329(2)&366,389,Reg.to be inserted in the draft.

GMGIPND - JOB II - 224 Naval (JC 5833) – 21 – 4 – 65 -1500

Section 241: Combinations

Where this provision sits

Find the provision, not just read it

Act	Regulations for the Navy Part II
Section	241
Marginal note	Combinations
Jurisdiction	Central
Status	In force as published by the source