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The Navy Ordinance, 1961

( Ordinance NO. XXXV OF 1961 )

Chapter VII

PUNISHMENTS

Scale of punishments
80. (1) Subject to the provisions of this and the next following section, the following are the punishments which may be awarded to persons convicted of offences under this Ordinance that is to say:-
 
 
 
 
(a) death,
 
 
 
 
(b) long imprisonment,
 
 
 
 
(c) short imprisonment,
 
 
 
 
(d) dismissal from the service,
 
 
 
 
(e) detention,
 
 
 
 
(f) forfeiture of seniority in rank in the case of officers,
 
 
 
 
(g) forfeiture of time for promotion in case of subordinate officers,
 
 
 
 
(h) 1[disranking],
 
 
 
 
2[(hh) fine,]
 
 
 
 
(i) Penal deductions,
 
 
 
 
(j) severe reprimand or reprimand,
 
 
 
 
(k) such minor punishments as may be prescribed.
 
 
 
 
(2) In its application to a convicted person who is an officer, sub-section (1) shall have effect as if clauses (e), (h) and (k) thereof were omitted; and in its application to a convicted person who is a sailor that sub-section shall have effect as if clauses (f), (g) and (j) thereof were omitted.
Provision as to award of punishment
81. (1) A sentence of imprisonment shall involve,-
 
 
 
 
(a) in all cases, stoppage of pay during the term of imprisonment;
 
 
 
 
(b) in the case of an officer, dismissal from the service;
 
 
 
 
(c) in the case of a sailor, 3[disranking] and deprivation of good conduct badges and may be accompanied by a sentence of dismissal from the service.
 
 
(2) The sentence of dismissal from the service may be accompanied by a sentence of forfeiture of all or any part of the pay, bounty, salvage and allowances earned by, and of all annuities and medals, granted to the offender:
 
 
 
 
Provided that the forfeiture shall not apply, except in the case of deserters, to moneys which should have been paid on the last pay day preceding conviction.
 
 
 
 
(3) The punishment of dismissal from the service shall in the case of persons who hold any lien on appointments in the army or air force or civil service, involve dismissal from such army, air force or civil service.
 
 
 
 
(4) Detention may be awarded for any term not exceeding six months; and a sentence of detention shall in all cases involve stoppage of pay during the term of detention, and 4[disranking].
 
 
 
 
(5) The punishment of forfeiture of seniority shall be imposed in the substantive rank held at the date of the sentence, and shall involve a corresponding forfeiture of seniority in every higher acting rank subject always to the condition that forfeiture of seniority in any rank shall in no case exceed the seniority in that rank at the date of the sentence.
 
 
 
 
(6) The punishment of forfeiture of seniority shall involve the loss of the benefit of service included in the seniority forfeited for the purposes of pension, gratuity, promotion and such other purposes, as may be prescribed, provided that such pension, gratuity and promotion and other purposes depend upon such service.
 
 
 
 
(7) The punishment of forfeiture of time for promotion shall delay the promotion by the time specified.
 
 
(8) A sentence of 5[disranking] may reduce the offender to any 6[rank] not lower than that prescribed, in relation to persons of the class to which he belongs, and references in sub-sections (1) and (4) to 7[disranking] are references to reduction to the 8[rank] so prescribed.
 
 
 
 
(9) Penal deductions mean deductions as specified hereinafter in this Ordinance and may accompany a sentence of imprisonment.
 
 
 
 
(10) Subject to the provisions of this Ordinance a naval tribunal may, on conviction, award either the punishment specified by this Ordinance as the penalty for an offence, or in lieu thereof, any one or more of the punishments inferior in degree to the specified punishment, according to the scale of punishments laid down in sub-section (1) of section 80.
 
 

  • 1
    The word “disranking” was substituted for the word “disrating” by section 3(i) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 2
    Clause (hh) was inserted by section 9 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 3
    The word “disranking” was substituted for the word “disrating” by section 3(i) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 4
    The word “disranking” was substituted for the word “disrating” by section 3(i) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 5
    The word “disranking” was substituted for the word “disrating” by section 3(i) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 6
    The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 7
    The word “disranking” was substituted for the word “disrating” by section 3(i) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 8
    The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
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