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The Navy Ordinance, 1961

( Ordinance NO. XXXV OF 1961 )

Chapter IX

ARREST AND PROCEEDINGS BEFORE TRIAL

Duty to bring offenders to justice and powers of arrest
89. (1) It shall be the duty of every person subject to this Ordinance who knows or has reasonable grounds for suspecting that another person subject thereto is committing or has committed an offence under this Ordinance to take all reasonable steps within his power to cause that person to be brought to justice.
 
 
(2) The following persons shall have power to arrest a person subject to this Ordinance who is found committing or is alleged to have committed or is reasonably suspected of having committed any such offence as aforesaid, that is to say:-
 
 
 
 
(a) in case of an officer, an officer subject to this Ordinance who is his superior officer, or, if the person to be arrested is engaged in a quarrel, affray or disorder, any officer subject to this Ordinance;
 
 
 
 
(b) in the case of a sailor, an officer subject to this Ordinance, 1[master chief petty officer, chief petty officer], petty officer or a leading sailor subject to this Ordinance who is of superior 2[rank] or senior to him in the same 3[rank], and any sailor exercising the authority as a member of the regulating staff or as a member of the staff of the officer of the watch;
 
 
 
 
(c) in any case, a provost officer or any officer or person legally exercising authority under or on behalf of a provost officer:
 
 
 
 
Provided that an officer shall not be arrested by virtue of clause (c) except on the order of another officer.
 
 
 
 
(3) Any power of arrest under this section may be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person's arrest.
Provision for avoiding delay after arrest
90. (1) Where any person subject to this Ordinance is placed under arrest, it shall be the duty of his commanding officer to ensure that as soon as may be either the proceedings are taken for his trial or he is released from arrest.
 
 
 
 
(2) Every person subject to this Ordinance who has been taken into naval custody and kept under close arrest shall be produced before his commanding officer within a period of 48
 
 
hours of such arrest, excluding the time necessary for the journey from the place of arrest to the commanding officer, and no such person shall be detained in custody beyond the said period without authority of the commanding officer.
 
 
 
 
(3) Whenever any person subject to this Ordinance having been taken into naval custody, remains, under close arrest for a period longer than eight days without being tried summarily or a Court for his trial being ordered to assemble, a special report on the necessity for further delay shall be made by his commanding officer to the Chief of Naval Staff and a similar report shall be so made every eight days until the person under arrest is released from arrest or tried summarily or such a Court is ordered to assemble.
Duty to receive or keep in custody
91. (1) The commanding officer shall be responsible for the safe custody of every person who is in naval custody on board his ship or in his establishment.
 
 
 
 
(2) The officer or sailor in charge of a guard, or a provost marshal shall receive and keep any person who is duly committed to his custody.
Procedure before trial
92. Subject to the provisions of this Ordinance the procedure before trial and the manner of investigation shall be as prescribed.
Arrest under warrants of naval authorities
93. (1) A warrant for the arrest of a person suspected of any offence under this Ordinance may be issued in the prescribed form by the Chief of Naval Staff, his commanding officer or any other officer empowered by the Chief of Naval Staff in this behalf, and it shall be executed as if it has been issued by a Magistrate of competent jurisdiction.
 
 
 
 
(2) Every person, to whom such a warrant is issued, shall take steps to execute the warrant and arrest the offender and shall, as soon as may be, arrest the person and deliver him into naval custody.
 
 
 
 
(3) A person authorised to arrest an offender may use such force as may be necessary for the purpose of affecting such arrest.
Provost-Marshals
94. (1) Provost-marshals may be appointed by the Chief of Naval Staff, or by any prescribed officer.
 
 
 
 
(2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to the Navy.
 
 
 
 
(3) A provost-marshal may at any time arrest and detain for trial any person subject to this Ordinance who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a naval tribunal but shall not inflict any punishment on his own authority:
 
 
 
 
Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.
 
 
 
 
Explanation.- For the purposes of sub-sections (2) and (3), a “provost-marshal” shall be deemed to include a provost-marshal appointed under the 4[Army Act], 1952, or the 5[Air Force Act], 1953, and any person legally exercising authority under him or on his behalf.
 
 

  • 1
    The words and comma “master chief petty officer, chief petty officer” were substituted for the words “chief petty officer” by section 10 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 2
    The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 3
    The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 4
    The words “Army Act” were substituted for the words “Pakistan Army Act” by section 3(d) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 5
    The words “Air Force Act” were substituted for the words “Pakistan Air Force Act” by section 3(e) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
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Ministry of Law, Justice and Parliamentary Affairs