Procedure of courts-martial
98. Where courts-martial to be held.—A court-martial may be held ashore or afloat.
99. Trial judge advocate.—(1) Every court-martial shall be attended by a person (in this Act referred
to as the trial judge advocate) who shall be either a judge advocate in the department of the Judge
Advocate-General of the Navy or any fit person appointed by the convening officer:
Provided that in the case of a court-martial for the trial of a capital offence the trial judge advocate
shall be a person nominated by the Judge Advocate-General of the Navy unless such trial is held outside
Indian waters.
(2) The trial judge advocate shall administer oath to every witness at the trial and shall perform such
other duties as are provided in this Act and as may be prescribed.
100. Courts-martial to be public.—The place in which a court-martial is held for the purpose of
trying an offence under this Act shall be deemed to be an open court to which the public generally may
have access, so far as the same can conveniently contain them:
Provided that, if the court is satisfied that it is necessary or expedient in the public interest or for the
ends of justice so to do, the court may at any stage of the trial of any particular case order that the public
generally or any portion thereof or any particular person shall not have access to, or be or remain in, the
place in which the court is held.
101. Commencement of proceedings.—(1) As soon as the court has been assembled the accused
shall be brought before it and the prosecutor, the person or persons, if any, defending the accused and the
audience admitted.
(2) Except where the accused defends himself, he may be defended by such person or persons as may
be prescribed.
(3) The trial judge advocate shall read out the warrant for assembling the court and the names of
officers who are exempted from attending under sub-section (20) of section 97 together with the reasons
for such exemption.
(4) The trial judge advocate shall read out the names of the officers composing the court and shall ask
the prosecutor whether he objects to any of them.
(5) If the prosecutor shall have made no objection or after any objection made by the prosecutor has
been disposed of, the trial judge advocate shall ask the accused if he objects to any member of the court.
102. Objections to members.—The following provisions shall apply to the disposal of objections
raised by the prosecutor as well as the accused:—
(a) any member may be objected to on a ground which affects his competency to act as an
impartial Judge; and the trial judge advocate may reject summarily without reference to the members
of the court any objection not made on such ground; ‘
(b) objections to members shall be decided separately, those to the officer lowest in rank being
taken first: provided that if the objection is to the President, such objection shall be decided first and
all the other members whether objected to or not shall vote as to the disposal of the objection;
(c) on an objection being allowed by one-half or more of the officers entitled to decide
the objection, the member objected to shall at once retire and his place shall be filled up before an
objection against another member is taken up;
(d) should the president be objected to and the objection be allowed, the court shall adjourn until
a new president has been appointed by the convening authority or by the officer empowered in this
behalf by the convening authority; and
37
(e) should a member be objected to on the ground of being summoned as a witness and should it
be found that the objection has been made in good faith and that the officer is to give evidence as to
facts and not merely as to character, the objection shall be allowed.
103. Further objections.—(1) The trial judge advocate shall then ask the accused whether he has any
further objections to make respecting the constitution of the court; and should the accused raise any such
objection, it shall then be decided by the court, which decision shall be final and the constitution of the
court-martial shall not be afterwards impeached and it shall be deemed in all respects to have been duly
constituted.
(2) If the accused should have no further objection to make to the constitution of the court or if any
objection is disallowed, the members and the trial judge advocate shall then make an oath or affirmation
in the form set out in section 104.
104. Administering oath or affirmation.—(1) Before the court shall proceed to try the person
charged, an oath or affirmation in the following form and manner shall be administered to the president
and every member of the court-martial in the order of their seniority by the trial judge advocate:—
“I......................................do swear in the name of God
solemnly affirm that I will duly and faithfully
and to the best of my ability, knowledge and judgment administer justice according to law, without
fear or favour, affection or ill-will, and that I will not on any account at any time whatsoever disclose
or discover the vote or opinion of any particular member of this court-martial unless thereunto
required in due course of law.”
(2) The trial judge advocate shall then be sworn or affirmed by the president in the following form:—
“I......................................do swear in the name of God
solemnly affirm that I will duly and faithfully
and to the best of my ability, knowledge and judgment perform the duties of my office according to
law, without fear or favour, affection or ill-will, and that I will not upon any account at any time
whatsoever disclose or discover the vote or opinion of any particular member of this court-martial
unless thereunto required in due course of law.”
105. Arraignment.—(1) When the court is ready to commence the trial, the trial judge advocate shall
read out the charges and shall ask the accused whether he pleads guilty or not guilty.
(2) If the accused pleads guilty, then, before such plea is recorded, the trial judge advocate shall
ensure that the accused understands the charge to which he has pleaded guilty and the difference of
procedure which will result from the plea of guilty.
(3) If it appears from the accused’s replies or from the summary of evidence prepared in the
prescribed manner that he should not plead guilty, the trial judge advocate may advise the accused to
withdraw his plea.
(4) If the court accepts the plea of guilty, it shall be recorded as the finding of the court and the court
shall proceed to take steps to pass sentence unless there are other charges to be tried in which event the
sentence shall be deferred until after the findings on such charges are given.
106. Opening of prosecution case.—(1) If the accused pleads not guilty or refuses to, or does not,
plead or if he claims to be tried or if in the circumstances mentioned in sub-section (3) of section 105
withdraws the plea of guilty or if the court does not accept the plea of guilty, the court shall proceed to try
the accused.
(2) The prosecutor shall open his case by reading the circumstantial letter prepared in accordance with
the regulations made under this Act, reading from this Act or the Indian Penal Code (45 of 1860) or other
law the description of the offence charged and stating shortly by what evidence he expects to prove the
guilt of the accused.
(3) The prosecutor shall then examine his witnesses.
107. Calling of prosecution witness not in the original list.—No witness whose name was not
included in the original list of witnesses supplied to the trial judge advocate and the accused in
accordance with regulations made under this Act shall be called by the prosecutor unless the trial judge
38
advocate has given notice to the accused of the prosecutor’s intention to call such witness and has
supplied the accused with a summary of the evidence of such witness.
108. Swearing of interpreter and shorthand-writer.—(1) At any time during the trial, should the
court think it necessary, an impartial person may be employed to serve as an interpreter and sworn or
affirmed as such in the following manner:—
“I......................................do swear in the name of God
solemnly affirm that I will to the best of my ability truly
interpret and translate as I will be required to do touching the matter before this court-martial.”
(2) During the trial, an impartial person shall be employed as a shorthand-writer and duly sworn or
affirmed as such in the following manner:—
“I......................................do swear in the name of God
solemnly affirm that I will truly take down to the best of
my power the evidence to be given before this court-martial and such other matters as I will be
required, and when required, will deliver to the court a true transcript of the same.”
109. Objection to interpreter or shorthand-writer.—(1) Before any person is sworn or affirmed as
an interpreter or a shorthand-writer, the accused shall be asked if he objects to such person as not being
impartial and the court shall decide the objection.
(2) The evidence given by a witness shall be read over to him by the shorthand-writer before the
witness leaves the court, if so required by the court or the witness.
110. Swearing of witnesses.—(1) No witness shall be examined until he has been duly sworn or
affirmed in the following manner:—
I......................................do swear in the name of God
solemnly affirm that the evidence which I shall give
before this court shall be the truth, the whole truth and nothing but the truth.”.
(2) Every person giving evidence on oath or affirmation before a court-martial shall be bound to state
the truth.
111. Plea of no case and defence of accused.—(1) When the examination of the witnesses for the
prosecution is concluded, the accused shall be called on for his defence.
(2) Before entering on his defence, the accused may raise a plea of no case to answer.
(3) If such a plea is raided, the court will decide the plea after hearing the accused and the prosecutor
and the advice of the trial judge advocate.
(4) If the court accepts the plea, the accused shall be acquitted on the charge or charges in respect
whereof the plea has been accepted.
(5) If the court overrules the plea, the accused shall be called upon to enter on his defence.
(6) The trial judge advocate shall then inform the accused that he may give evidence as a witness on
his own behalf should he desire to do so and should he make a request in writing to do so, but that he will
thereby render himself liable to cross-examination.
(7) If the accused does not apply to give evidence, he may make a statement as to the facts of the
case, and if he has no defence witnesses to examine as to facts, the prosecutor may sum up his case and
the accused shall be entitled to reply.
(8) If the, accused or any one of the several accused applies to give evidence and there are no other
witnesses in the case for the defence, other than witnesses as to character, then the evidence of such
accused shall be recorded and if the accused so desires the witnesses as to character shall be examined
and the prosecutor shall then sum up his case and the accused may reply.
(9) If the accused or any one of the accused adduces any oral evidence as to facts other than his own
evidence, if any, the accused may then sum up his case on the conclusion of that evidence and the
prosecutor shall be entitled to reply.
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112. Adjournment to view.—(1) Whenever the court thinks that it should view the place in which
the offence charged is alleged to have been committed or any other place in which any other transaction
material to the trial is alleged to have occurred, the court shall make an order to that effect and may then
adjourn to the place to be viewed, along with the prosecutor and the accused and the person, if any, by
whom the accused is represented.
(2) The court on completion of the view shall adjourn and reassemble in the court-room.
113. Summing up by the trial judge advocate.—When the case for the defence and the prosecutor’s
reply, if any, are concluded, the trial judge advocate shall proceed to sum up in open court the evidence
for the prosecution and the defence and lay down the law by which the court is to be guided.
114. Duties of the trial judge advocate.—(1) At all trials by courts-martial it is the duty of the trial
judge advocate to decide all questions of law arising in the course of the trial, and specially all questions
as to the relevancy of facts which it is proposed to prove and the admissibility of evidence or the propriety
of the questions asked by or on behalf of the parties; and in his discretion to prevent the production of
inadmissible evidence whether it is or is not objected to by the parties.
(2) Whenever in the course of a trial it appears desirable to the trial judge advocate 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.
115. Duties of the court.—It is the duty of the court to decide which view of the facts is true and then
arrive at the finding which under such view ought to be arrived at.
116. Retirement to consider finding.—(1) After the trial judge advocate has finished his summing
up, the court will be cleared to consider the finding.
(2) The trial judge advocate shall not sit with the court when the court is considering the finding, and
no person shall speak to or hold any communication with the court while the court is considering the
finding.
117. Announcement of the finding.—(1) When the court has considered the finding, the court shall
be re-assembled and the president shall inform the trial judge advocate in open court what is the finding
of the court as ascertained in accordance with section 124.
(2) The court shall give its findings on all the charges on which the accused is tried.
118. Drawing up of the finding.—(1) The trial judge advocate shall then draw up the finding as
announced by the court.
(2) The finding so drawn up shall be signed by all the members of the court by way of attestation
notwithstanding any difference of opinion there may have been among the members and shall be
countersigned by the trial judge advocate.
(3) Where the finding on any charge is one of not guilty the court shall acquit the accused of
that charge.
(4) If the accused is acquitted of all the charges, the court shall, after signing the findings as provided
in sub-section (2), be dissolved.
(5) Neither the court nor the trial judge advocate shall announce in open court whether the finding
was unanimous or not; but the president shall make a record of the division of voting on each finding
without disclosing the vote or opinion of any particular member of the court-martial and such record shall
be communicated to the trial judge advocate for transmission to the Judge Advocate-General of the Navy.
119. Evidence of character and previous convictions.—(1) If the accused is found guilty on any or
all of the charges, the court before awarding punishment may call evidence as to the previous character
and qualifications of the accused and in addition to any oral evidence of general character that may be
40
adduced, shall take into consideration the following documents which shall be read by the trial judge
advocate in open court:—
(a) for any officer—
(i) any entries against him relating to his previous convictions in the list of officers who have
been tried by court-martial; and
(ii) any previous entries against him in the log of the ship to which he may have belonged
when the offence or offences for which he is being tried were committed and also any documents,
other than such entries in the log, of the nature of a definite censure by superior authority, which
log and documents the prosecution is to produce; and
(iii) any certificate or other documents of character which the accused may produce;
(b) for a 1
[sailor]—
(i) the entries against him in the conduct and offences record sheets prior to the date of the
offence charged, but subsequent to his joining his present ship, with character assessed from the
previous 31st day of December to the date of the offence for which he may be under trial but
excluding all consideration of the latter;
(ii) his certificate of service; and
(iii) any entries against him relating to his previous convictions in the list of those who have
been tried by court-martial.
(2) The accused may then make a statement in mitigation of punishment and lead any evidence of
character if he has not already done so before the finding.
120. Consideration of the sentence.—(1) The Court shall then retire and consider and determine on
the punishment proper to be inflicted in conformity with the finding, and all the members of the court,
whether they have voted for an acquittal or not, shall vote on the question of what punishment is proper to
be awarded for the offence of which the accused has been found guilty.
(2) 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.
121. Announcement of the sentence.—(1) When the court has decided on the sentence whether
unanimously or by majority, the trial Judge advocate shall draw up the sentence in the prescribed form
which shall be signed by every member of the court by way of attestation notwithstanding any difference
of opinion there may have been among the members and shall be countersigned by the trial Judge
advocate.
(2) The court shall then be reassembled and the accused brought in and the trial Judge advocate shall
by direction of the court pronounce the sentence.
(3) The accused shall then be removed and the court dissolved.
122. Adjournment.—(1) A court-martial may, if it appears to the court that an adjournment
desirable, be adjourned accordingly, but except where such an adjournment is ordered, shall sit from day
to day with the exception of Sundays until the trial is concluded, unless prevented from so doing by stress
of weather or unavoidable accident.
(2) The proceedings of a court-martial shall not, after the commencement of a trial, be delayed by the
absence of a member:
Provided that not less than four members are present: and
Provided further that if any member is absent from any part of the trial, he shall not thereafter take
any part in the proceedings.
1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-1974).
41
123. Provisions relating to dissolution of courts-martial.—(1) A court-martial assembled under
this Act shall be dissolved—
(a) when the number of members comprising the court is after the commencement of a trial
reduced below four;
(b) by the prolonged illness of the president, trial judge advocate or the accused;
(c) by the death of the president or the trial judge advocate;
(d) on the making of a report under sub-section (2) of section 143.
(2) Whenever a court-martial is dissolved by virtue of sub-section (1), the accused may be retired.
124. Ascertaining the opinion of the court.—(1) Subject to the provisions of sub-sections (2) and
(3), every question for determination by a court-martial shall be decided by the vote of the majority:
Provided that where there is an equality of votes, the decision most favourable to the accused
shall prevail.
(2) The sentence of death shall not be passed on any offender unless four at least of the members
present at the court-martial where the number does not exceed five, and in all other cases a majority of not
less than two-thirds of the members present, concur in the sentence.
(3) Where in respect of an offence, the only punishment which may be awarded is death, a finding
that a charge for such offence is proved shall not be given unless four at least of the members present at
the court-martial where the number does not exceed five, and in all other cases a majority of not less than
two-thirds of the members present, concur in the finding.
125. Finding that the offence was committed with intent involving less degree of
punishment.—Where the amount of punishment for any offence depends upon the intent with which it
has been committed and any person is charged with having committed such an offence with an intent
involving a greater degree of punishment, a court-martial may find that the offence was committed with
an intent involving less degree of punishment and award such punishment accordingly.
126. Alternative findings.—If the accused is charged with one offence and it appears in evidence
that he committed a different offence for which he might have been charged under section 91, he may be
convicted of the offence which he is shown to have committed although he was not charged with it.
127. Finding lesser offence proved on charge of greater offence.—(1) When a person is charged
with an offence consisting of several particulars, a combination of some only of which constitutes a
complete minor offence and such combination is proved, but the remaining particulars are not proved, he
may be convicted of the minor offence although he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence,
he may be convicted of the minor offence although he was not charged with it.
(3) When a person is charged with an offence, he may be convicted of an attempt to commit such an
offence, although the attempt is not separately charged.
128. Transmission of proceedings to the Judge Advocate General of the Navy.—The trial Judge
advocate shall transmit in accordance with the prescribed procedure with as much expedition as may be,
the original proceedings or a complete and authenticated copy thereof and the original sentence of every
court-martial attended by him to the Judge Advocate General of the Navy to be dealt with by him in
accordance with the provisions of Chapter XV.
129. Right of accused to copy of proceedings and sentence.—Every person tried by a court-martial
and convicted shall be entitled on demand to one copy of the proceedings and sentence of such courtmartial free of cost but no such demand shall be allowed after the lapse of one year from the date of the
final decision of such court.
Rules as to evidence
130. Application of the Evidence Act.—Subject to the provisions of this Act, the Indian Evidence
Act, 1872 (1 of 1872), shall apply to all proceedings before a court-martial.
42
131. Accused competent witness for defence.—A person of an offence before a court-martial shall
be a competent witness for the defence and may give evidence on oath in disproof of the charges made
against him or any person charged together with him at the same trial:
Provided that—
(a) he shall not be called as a witness except on his own request in writing; or
(b) his failure to give evidence shall not be made the subject of any comment by any of the parties
or the court or give rise to any presumption against himself or any person charged together with him
at the same trial.
132. Judicial notice.—A court-martial may take judicial notice of any matter within the general
naval, army or air force experience and knowledge of the members.
133. Presumption as to certain documents.—(1) Whenever it is necessary for the purposes of either
the prosecution or the defence to prove the contents of any voucher, receipt, account, muster, ship’s book,
letter, signal, telegram or other document made or kept in pursuance of any Act of the legislature, any
regulations framed under this Act or of the custom of the service, a copy of the same purporting to be
signed and certified as a correct copy by the officer for the time being commanding the ship in which the
same was made or kept or by a Secretary to the Central Government, may be received as evidence of such
document and of the matters, transactions and accounts therein recorded.
(2) A Navy List or Gazette or other official document purporting to be published by authority of the
Central Government or the Chief of the Naval Staff shall be evidence of the status and rank of officers
therein mentioned and of any appointment held by such officers until the contrary is proved
(3) Where it is shown that a person is borne on the books of a ship of the Indian Navy, such fact shall
be evidence that such person is subject to naval law until the contrary is proved.
Explanation.— In this section, the term “books of a ship” shall include any official book, document
or list purporting to contain the name or names of persons appointed to the ship.
(4) Where any person subject to naval law is being tried on a charge of desertion, improperly leaving
his ship, or absence without leave and such person has surrendered himself into custody of or has been
apprehended by any person subject to naval law or by a person subject to the law relating to the
Government of the regular Army or the Air Force, a certificate purporting to be signed by such person
and stating the fact, date and place of such surrender or apprehension shall be evidence of the matters so
stated unless the contrary is proved.
(5) Where any person subject to naval law is being tried on a charge of desertion, improperly leaving
his ship, or absence without leave and such person has on arrest or surrender been taken to a police
station, a certificate purporting to be signed by the officer-in-charge of the station and stating the fact,
date and place of such surrender or apprehension shall be evidence of the matters stated unless the
contrary is proved.
1
[(6) Any document purporting to be a report under the hand of:—
(a) any Chemical Examiner or Assistant Chemical Examiner to the Government;
(b) the Chief Inspector of Explosives;
(c) the Director of Finger Print Bureau;
(d) the Director of Haffkeine Institute, Bombay;
(e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory
or a State Forensic Science Laboratory;
(f) the Serologist to the Government,
uponany matter or thing duly submitted to him for examination or analysis, may be used an evidence in
any proceeding under this Act.]
1. Subs. by Act 23 of 2005, s. 5, for sub-section (6) (w.e.f. 23-6-2005).
43
(7) The statement of a naval, army or air force medical officer taken and attested by the commanding
officer of a ship or establishment may be given in evidence in any proceeding under this Act:
Provided that the court may, if it thinks fit, and shall if so required by the prosecutor or the accused,
summon and examine such medical officer as to the subject-matter of his statement.
(8) If it is proved that an offender under this Act has absconded and that there is no immediate
prospect of arresting him, the commanding officer or other prescribed person may, in his absence,
examine any person who might appear to him to be acquainted with the case and record their depositions
on oath and any such deposition may on the arrest of such person be used in evidence against him in any
proceeding under this Act, if the deponent is dead or incapable of giving evidence or his attendance
cannot be procured without an amount of delay, expense or inconvenience which under the circumstances
of the case would be unreasonable.
134. Summoning of witnesses.—(1) Every person who may be required to give evidence or produce
a document before a court-martial shall be summoned in the prescribed manner in writing under the hand
of the Judge Advocate General of the Navy or the trial judge advocate.
(2) Every person who may be required to give evidence before a commanding officer or the officer
preparing a summary of evidence in accordance with the regulations made under this Act or before a
board of inquiry shall be summoned in the prescribed manner by writing under the hand of the Judge
Advocate General of the Navy or the senior officer in the station or such other officer prescribed in
this behalf.
(3) In the case of a witness subject to naval law or to the law relating to the Government of the regular
Army or the Air Force, the summons shall be served in the manner prescribed.
(4) In the case of any other witness, the summons shall be served either in the prescribed manner, or it
shall be sent to the magistrate within whose jurisdiction the witness may be or resides and such magistrate
shall give effect to the summons as if the witness were required in the court of such magistrate.
(5) When a witness is required to produce any particular document or thing in his possession or
power, the summons shall describe it with reasonable precision.
(6) Every person not subject to naval law who may be summoned as aforesaid shall be allowed and
paid such reasonable expenses as may be prescribed.
(7) Nothing in this section shall be deemed to affect the operation of sections 123 and 124 of the
Indian Evidence Act, 1872 (1 of 1872), or to apply to any document in the custody of the postal or
telegraph authorities.
135. Commissions for examination of witnesses.—(1) Whenever in the course of a trial by courtmartial, it appears to the trial judge advocate that the examination of a witness is necessary for the ends of
justice and that the attendance of such witness cannot be procured without an amount of delay, expense or
inconvenience which under the circumstances of the case would be unreasonable, the trial judge advocate
may dispense with such attendance and may apply to the Judge Advocate General of the Navy to issue a
commission to 1
[any metropolitan magistrate or judicial magistrate of the first class] within the local
limits of whose jurisdiction such witness resides, to take the evidence of such witness.
(2) The trial in such an event may be adjourned for a specified time reasonably sufficient for the
execution and return of the commission.
(3) The Judge Advocate General of the Navy on receipt of an application under sub-section (1) may,
if he thinks fit, issue a commission to the 2
[metropolitan magistrate or judicial magistrate of the first class
or an authority exercising the powers equivalent to those of a judicial magistrate of the first class under
the Code of Criminal Procedure, 1973 (2 of 1974),] for the examination of the witness.
1. Subs. by Act 48 of 1982, s. 7, for “any district magistrate or a magistrate of the first class” (w.e.f. 16-10-1982).
2. Subs by s. 7, ibid., for certain words and figures (w.e.f. 16-10-1982).
44
(4) The magistrate or authority to whom the commission is issued or 1
[if he is a Chief Metropolitan
Magistrate or a Chief Judicial Magistrate, he or such metropolitan magistrate or judicial magistrate of the
first class as is appointed by him in this behalf] shall proceed to such place where the witness is or shall
summon the witness before him and shall take down his evidence in the same manner and may for this
purpose exercise the same powers as in trials of warrant cases under the 2
[Code of Criminal Procedure,
1973 (2 of 1974)], or of any corresponding law in force at the place where the evidence is recorded.
136. Examination of witnesses on commission.—(1) Where a commission is issued under the
provisions of section 135, the prosecutor and the accused may respectively forward any interrogatories in
writing which the trial judge advocate may think relevant to, the issue and the magistrate or authority to
whom the commission is directed or to whom the duty of executing such commission has been delegated
shall examine the witness upon such interrogatories.
(2) The prosecutor and the accused may appear before such magistrate or authority by counsel or,
except in the case of an accused person in custody, in person, and may examine, cross-examine arid reexamine, as the case may be, the said witness.
(3) After a commission issued under section 135 has been duly executed, it shall be returned together
with the deposition of the witness examined thereunder to the Judge Advocate General of the Navy who
issued the commission.
(4) On receipt of the commission and the deposition returned under sub-section (3), the Judge
Advocate General of the Navy shall forward the same to the trial judge advocate at whose instance the
commission was issued.
(5) The commission, the return thereto and the deposition shall be open to inspection by the
prosecutor and the accused and may subject to all just exceptions be read in evidence in the case by either
the prosecutor or the accused and shall form part of the proceedings of the trial.
(6) Any deposition so taken shall be received in evidence at any subsequent stage of the trial whether
before the same court or, if the said court is dissolved meanwhile, before another court convened for the
trial of the accused in respect of the same charges.
137. Power to summon and examine material witnesses.—(1) The trial judge advocate may, at any
stage of the trial, summon any person as a witness or examine any person in attendance, though not
summoned as a witness, or recall and re-examine any person already examined; and the trial judge
advocate shall summon and examine or recall and re-examine any such person if his evidence appears to
the court or to the trial judge advocate as essential to the just decision of the case.
(2) Summons to the witnesses shall be issued as provided under this Act.
Compensation to aggrieved persons out of fine
138. Power of court to pay compensation out of fine.—(1) Whenever a court-martial imposes a fine
as a punishment, the court may when passing judgment order the whole or any part of the fine recovered
to be applied,—
(a) in the payment to any person aggrieved as compensation for any loss or injury caused by the
offence;
(b) When any person is convicted of any civil offence which includes theft, criminal
misappropriation, criminal breach of trust or cheating or of having dishonestly received or retained or
of having voluntarily assisted in disposing of stolen property knowing or having reason to believe the
same to be stolen property, in compensating any bona fide purchaser of the property for the loss of the
same if such property is restored to the possession of the person entitled thereto.
(2) No such payment or compensation shall, however, be made before the expiry of fifteen days from
the date of the sentence, and when a petition is presented against the conviction or sentence until the said
petition is disposed of Power of courts-martial respecting contempt, etc.
1. Subs. by Act 48 of 1982, s. 7, for certain words (w.e.f. 16-10-1982).
2. Subs. by s. 7, ibid., for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 16-10-1982).
45
Power of courts-martial respecting contempt, etc.
139. Summary punishment for contempt of court by person subject to naval law.—When any
person subject to naval law commits any offence as is described in section 69 in the presence of or in
relation to a proceeding before a court-martial such court-martial may punish the offender summarily by
imprisonment for a term which may extend to three months or such other less punishment as may be
awarded for that offence under section 69.
140. Summary punishment for contempt of court by person not subject to naval law.—When
any person not subject to naval law commits an offence as is described in section 165 in the presence of a
court-martial, such court-martial may take such person into custody and at any time before the rising of
the court on the same day, if it thinks fit, take cognizance of the offence and sentence the offender to fine
not exceeding two hundred rupees or in default of payment to simple imprisonment for a term which may
extend to one month, unless such fine shall be sooner paid.
141. Powers of court-martial when certain offences are committed by persons not subject to
naval law.—When any such offence as is described in section 165 of this Act, or section 193, section
194, section 195, section 196, section 199, section 200, section 228, section 463 or section 471 of the
Indian Penal Code (45 of 1860) is committed by any person not subject to naval law in or in relation to a
proceeding before a court-martial, such court-martial or the officer ordering the same if such court-martial
is dissolved, may exercise the powers 1
[under section 340 of the Code of Criminal Procedure, 1973 (2 of
1974),] as if it or he were a criminal court within the meaning of that section.
142. Powers of courts-martial and disciplinary courts in relation to proceedings under this
Act.—Any trial by a court-martial or disciplinary court under the provisions of this Act shall be deemed
to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code
(45 of 1860), and the court-martial or disciplinary court shall be deemed to be a court within the meaning
of 2
[sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).]
Lunacy of accused
143. Accused found insane during trial.—(1) Where it appears in the course of the trial by courtmartial of any person, charged with an offence that such person is insane, the court shall find specially the
fact of his insanity and shall order such person to be kept in strict custody in such place and in such
manner as the court may deem fit until the directions of the Central Government thereupon are known.
(2) Every such case shall be reported by the court to the convening authority for orders of the Central
Government and it shall be lawful for the Central Government to give orders for the safe custody of such
person in such place and in such manner as the Central Government may deem fit.
(3) Whenever on the receipt of a report from the Central Government or otherwise the convening
authority considers that such person is capable of making his defence, the convening authority may take
steps to convene a court-martial for the trial of such person.
144. Lunacy of the accused at the time of offence .—(1) Whenever any person subject to naval law
is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was,
by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the
offence, or that it was wrong or contrary to law, the finding shall specifically state whether he committed
the act or not.
(2) Whenever the finding made under sub-section (1) states that the accused person committed the act
alleged, the court-martial shall, if such act would, but for the incapacity found, have constituted an
offence, order such person to be detained in safe custody in such place and in such manner as may be
prescribed and shall report the action taken to the officer convening the court.
1. Subs. by Act 48 of 1982, s. 8, for “under section 476 of the Code of Criminal Procedure, 1898 (5 of 1898)”
(w.e.f. 16-10-1982).
2. Subs by s. 9, ibid., for “under sections 480 and 482 of the Code of Criminal Procedure Code, 1898 (5 of 1898)”
(w.e.f. 16-10-1982).
46
(3) The officer convening the court shall then report the case for the orders of the Central Government
and shall take necessary steps to detain the said person in safe custody pending receipt of such orders.
(4) The Central Government may on receipt of a report under sub-section (3) order the accused
person to be detained in a mental hospital or other suitable place of safe custody.
Disposal of property
145. Disposal of property pending trial.—When any property regarding which an offence appears
to have been committed or which appears to have been used for the commission of an offence is produced
before a court-martial, the court may make such order as it thinks fit for the proper custody such property
pending the conclusion of the trial and if the property is subject to speedy or natural decay may after
recording such evidence as it thinks necessary order it to be sold or otherwise disposed of.
146. Disposal of property regarding which offence is committed.—(1) When the trial before any
court-martial is concluded, the court may make such order as it thinks fit for the disposal by destruction,
confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise of any
property or document produced before it or in its custody or regarding which an offence appears to have
been committed or which has been used for the commission of any offence:
Provided that except in the case of property which is subject to speedy or natural decay such property
or document shall, if so required by regulations, made under this Act, be kept in custody until the orders
of the Chief of the Naval Staff are known.
(2) An order under sub-section (1) shall not be carried out for one month, unless the property is
subject to speedy or natural decay.
(3) When an order under this section cannot be conveniently carried out by persons in the naval
service, a copy of such order certified by the Chief of the Naval Staff or an officer prescribed in this
behalf, may be sent to a magistrate within whose jurisdiction the property is for the time being situate and
such magistrate shall thereupon take steps to cause the order to be carried into effect as if it were an order
passed by him.
Explanation.— In this section the term “property” includes, in the case of property regarding which
an offence appears to have been committed, not only such property as has been originally in the
possession or under the control of any person, but also any property into or for which the same may have
been converted or exchanged and anything acquired by such conversion or exchange whether
immediately or otherwise.