147. Form of sentence of death.—In awarding a sentence of death, a court-martial shall in its
discretion direct that the offender shall suffer death by being hanged by the neck until he be dead or shall
suffer death by being shot to death.
148. Interim custody until execution of sentences of death.—A person sentenced to death may be
detained in naval custody or may be removed to a civil prison to be kept in custody until further orders be
received from the Central Government, the Chief of the Naval Staff or the officer ordering the courtmartial by which he was sentenced to death or other prescribed officer and the order in the prescribed
form of the Central Government, the Chief of the Naval Staff or the convening authority or such officer
shall be sufficient warrant for detaining the person in custody.
149. Execution of sentences of death.—(1) When a sentence of death is to be executed, the Chief of
the Naval Staff or the convening authority or the prescribed officer shall give directions as to the time,
place and manner in which sentence is to be carried out and the order of such officer or authority in the
prescribed form shall be sufficient warrant for the execution of such sentence.
(2) There shall be attached to the prescribed form an order of the Central Government certifying the
confirmation of the sentence by the Central Government in all cases where such confirmation is
47
necessary; and where such confirmation is not necessary, a certificate of the Chief of the Naval Staff or
other prescribed officer stating that such confirmation is not necessary.
150. Place of imprisonment and detention.—(1) Every term of imprisonment whether
imprisonment was awarded as an original or commuted punishment may be served in a naval prison,
naval detention quarters or in any civil prison, house of correction or military or air force prison or
detention barracks.
(2) Every term of detention whether the detention was awarded as an original or commuted
punishment may be served in any naval detention quarters or army or air force detention barracks.
(3) Where in pursuance of this Act, a person is sentenced to imprisonment or detention or has his
sentence commuted to imprisonment or detention, the order in the prescribed form of the Central
Government or the Chief of the Naval Staff or the officer ordering the court-martial by which such person
was sentenced or the senior officer present in port or, if he was sentenced by the commanding officer of a
ship, or other officer empowered under this Act to exercise like powers, the order in the prescribed form
of such commanding officer or other officer, shall be a sufficient warrant for the sending of such person
to the place of imprisonment or detention, as the case may be, thereto undergo the sentence according to
law, or until he reaches such place of imprisonment or detention for detaining him in naval custody or in
the case of a person sentenced to imprisonment, in any civil prison or place of confinement.
151. Commencement of sentence.—(1) Subject to the provisions of 1
[sub-sections (2) and (3)] every
term of imprisonment or detention awarded in pursuance of this Act shall be reckoned as commencing on
the day on which the sentence was awarded.
(2) Where by reason of a ship being at sea or off a place at which there is no proper prison or naval
detention quarters, a sentence of imprisonment or detention, as the case may be, cannot be duly executed,
then subject as hereinafter mentioned, an offender under the sentence of imprisonment or detention, as the
case may be, may be sent with all reasonable speed to some place at which there is a proper prison or
naval detention quarters or in the case of an offender under sentence of detention to some place at which
there are some naval detention quarters in which the sentence can be duly executed; and on arrival there,
the offender shall undergo his sentence in like manner as if the date of such arrival were the day on which
the sentence was awarded and notwithstanding that in the meanwhile he has returned to his duty or
become entitled to his discharge; and the term of imprisonment or detention, as the case may be, shall be
reckoned accordingly, subject however to the deduction of any time during which he has been kept in
confinement in respect of the said offence.
2
[(3) Whenever any offender is sentenced by a court-martial to a term of imprisonment, in pursuance
of this Act, not being imprisonment in default of payment of fine, the period spent by him in civil or naval
custody during investigation, inquiry or trial of the same case, and before the date of order of such
sentence, shall be set off against the terms of imprisonment imposed upon him, and the liability of such
offender to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of
the term of imprisonment imposed upon him.]
152. Imprisonment of offender already under sentence .—Whenever a sentence shall be passed by
a court-martial on an offender already under sentence either of detention or imprisonment passed upon
him under this Act for a former offence, the court may award a sentence of detention or imprisonment for
the offence for which he is under trial to commence at the expiration of the sentence of detention or
imprisonment to which he has been previously sentenced:
Provided that so much of any term of detention imposed on a person by a sentence in pursuance of
this section as will prolong the total term of detention beyond two years shall be deemed to be remitted.
153. Change of place of confinement.—Whenever it is deemed expedient, it shall be lawful for the
Central Government, the Chief of the Naval Staff or senior officer present, by an order in writing in the
prescribed form, from time to time to change the place of confinement of any offender imprisoned or
1. Subs. by Act 23 of 2005, s. 6, for “sub-section (2)” (w.e.f. 23-6-2005).
2. Ins. s. 6, ibid. (w.e.f. 23-6-2005).
48
sentenced to be imprisoned or detained in pursuance of this Act or of any offender undergoing or
sentenced to undergo detention; and the gaoler or other person having the custody of such offender shall
immediately on the receipt of such order remove such offender to the gaol, prison or house of correction
or, in the case of an offender undergoing or sentenced to undergo detention, to the naval detention
quarters mentioned in the said order, or shall deliver him over to naval custody for the purpose of the
offender being removed to such prison or naval detention quarters, and every gaoler or keeper of such
last-mentioned prison, gaol, or house of correction or naval detention quarters shall, upon being furnished
with such order of removal, receive into his custody and shall confine pursuant to such sentence or order
every such offender.
154. Discharge or removal of prisoners.—Whenever any offender is undergoing imprisonment or
detention in pursuance of this Act, it shall be lawful for the Central Government or the Chief of the Naval
Staff, or where an offender is undergoing imprisonment or detention by order of his commanding officer,
for such commanding officer or the Central Government or the Chief of the Naval Staff, to give an order
in writing in the prescribed form directing that the offender be discharged; and it shall also be lawful for
the Central Government and the Chief of the Naval Staff, by order in writing in the prescribed form, to
direct that any such offender be delivered over to naval custody for the purpose of being brought before a
court-martial, either as a witness or for trial or otherwise, and such offender shall accordingly, on the
production of any such order, be discharged, or be delivered over to such custody.
155. Time of detention in naval custody.—The time during which any offender under sentence of
imprisonment or detention is detained in naval custody shall be reckoned as imprisonment or detention
under his sentence for whatever purpose he is so detained; and the governor, gaoler, keeper or
superintendent who shall deliver over any such offender shall again receive him from naval custody, so
that he may undergo the remainder of his punishment.
156. Removal of insane prisoners.—If any person imprisoned or undergoing detention by virtue of
this Act shall become insane, and a certificate to that effect shall be given by two physicians or surgeons,
the Central Government shall, by warrant in the prescribed form, direct the removal of such person to
such asylum or other proper receptacle for insane persons in India as it may judge proper for the
unexpired term of his imprisonment or detention; and if any such person shall in the same manner be
certified to be again of sound mind, the Central Government may issue a warrant in the prescribed form
for his being removed to such prison or place of confinement or in the case of a person sentenced to
detention, such naval detention quarters as may be deemed expedient, to undergo the remainder of his
punishment, and every gaoler or keeper of any prison, gaol, or house of correction shall receive him
accordingly.
157. Naval prisons and naval detention quarters.—The Central Government may set apart any
buildings or vessels or any parts thereof as naval prisons or naval detention quarters and any buildings,
vessels or parts of buildings or vessels so set apart as naval prisons or naval detention quarters, as the case
may be, shall be deemed to be naval prisons or naval detention quarters respectively within the meaning
of this Act.
158. Execution of sentence of fine .—When a sentence of fine is imposed under this Act by a courtmartial or disciplinary court, the officer ordering the court-martial or disciplinary court may transmit a
copy of the order imposing the fine duly certified under his hand to any magistrate in India, and such
magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the
1
[Code of Criminal Procedure, 1973(2 of 1974),] or any law corresponding thereto in force in the State of
Jammu and Kashmir* as if it were a sentence of fine imposed by such magistrate.
159. Power to make regulations in respect of naval prisons and detention quarters.—(1) The
Central Government may, by notification in the Official Gazette, make regulations providing,—
(a) for the government, management and regulation of naval prisons and detention quarters;
(b) for the appointment and removal and powers of inspectors, visitors and officers thereof;
1. Subs. by Act 48 of 1982, s. 10, for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 16-10-1982).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and
Kashmir and the Union territory of Ladakh.
49
(c) for the food, bedding and clothing of prisoners or persons undergoing detention therein;
(d) for the labour of such prisoners or persons therein and for enabling such prisoners or persons
to earn by special industry and good conduct remission of a portion of their sentence; and
(e) for the care of such prisoners or persons, their safe custody and the maintenance of good order
and discipline among them and the punishment by personal correction, restraint or otherwise of
offences committed by such prisoners or persons.
(2) The regulations to be made under this section may apply to naval prisons or detention quarters any
of the provisions of the Prisons Act, 1894 (9 of 1874), and rules made thereunder, imposing punishments
on any persons not being prisoners or relating to the duties of gaolers, medical officers and other officers
of the prisons.
(3) The regulations to be made under this section shall not authorise corporal punishment to be
inflicted for any offence.