95. (1) An offence triable under this Ordinance shall be tried by a naval tribunal, namely:- (a) general court-martial, (b) district court-martial, (c) summary general court-martial, (d) commanding officer, or such other officer or authority exercising powers of summary trial and punishment as may be prescribed. (2) A trial by a naval tribunal under the provisions of this Ordinance shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the ¹[Penal Code], and the naval tribunal shall be deemed to be a Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898.

96. (1) A general court-martial may be convened by the Chief of Naval Staff or any prescribed officer empowered in this behalf and to such extent as may be specified in the warrant issued under the hand of the Chief of Naval Staff. (2) A general court-martial shall have an officer not below the substantive rank of Commander as president and shall have power to try any person subject to this Ordinance for any offence punishable therein and to pass any sentence authorised thereby.

97. (1) A district court-martial may be convened by any authority having power to convene a general court-martial or any prescribed officer empowered in this behalf and to such extent as may be specified in the warrant issued under the hand of the Chief of Naval Staff. (2) A district court-martial shall have an officer not below the substantive rank of lieutenant Commander as president and shall have power to try any person subject to this Ordinance, who is of the rank of lieutenant or below or a sailor, and to pass any sentence authorised by this Ordinance not exceeding,-(a) in the case of an officer, forfeiture of seniority in rank or forfeiture of time for promotion for a period of one year; and(b) in the case of a sailor, short imprisonment.

98. (1) A summary general court-martial may be convened-(a) by any authority having power to convene a general court-martial or any prescribed officer empowered in this behalf and to such extent as may be specified in the warrant issued under the hand of the Chief of Naval Staff.(b) on active service, by an officer commanding a flotilla or squadron not below the substantive rank of Commander, if in the opinion in writing of such officer commanding which opinion shall be final, it is not practicable, having regard to discipline and the exigencies of the service, to try the alleged offender by a general or district court-martial. (2) A summary general court-martial shall have an officer not below the substantive rank of a lieutenant Commander as president and shall have power to try any person subject to this Ordinance for any offence punishable therein and to pass any sentence authorised thereby.

99. (1) A court-martial shall consist of such number of officers of any branch of the Bangladesh Navy, who have held commissions for a period of not less than three years and who are of or above the rank of lieutenant as the authority ordering the court-martial may fix, subject to the following limits, namely:-(a) a general court-martial shall consist of not less than five and not more than nine such officers;(b) a district court-martial shall consist of not less than three and not more than seven such officers; and(c) a summary general court-martial shall consist of not less than three and not more than five such officers. (2) The president and other members of a court-martial, and such spare members as the authority ordering the court-martial considers appropriate for the purpose of filling vacancies, shall be nominated by that authority. (3) The officer who orders a court-martial shall not be a member of the court-martial; and no court-martial shall consist of officers all of whom belong to the same ship or naval establishment. (4) A court-martial for the trial of an officer shall not include more than one member, who is below the rank of such officer.

100. (1) Every general court-martial shall, and every district or summary general court-martial may, be attended by a judge advocate, who shall be either an officer belonging to the department of the Judge Advocate General, or if no such officer is available, a fit person appointed by the convening officer. (2) No general court-martial, and no district or summary general court-martial to which a judge advocate has been appointed shall proceed with the trial in the absence of the judge advocate.

101. (1) If at any time after a court-martial has been sworn and before the president has signed the finding and sentence, if any, the president or the judge advocate dies or is otherwise unable to attend, the court shall be dissolved. (2) The proceedings of a court-martial shall be valid notwithstanding the absence of one or more of the members other than the president, so long as the number of members present throughout the proceedings is not reduced below the minimum required by this Ordinance to constitute the court; otherwise the court shall be dissolved. (3) Where any member is absent the court shall be adjourned, unless it is allowed to proceed without such member by the convening authority, in which case such member shall not at any subsequent stage sit on that court. (4) The officer who convened a court-martial may dissolve such court-martial, if it appears to him that the exigencies of the service or the necessities of discipline render it impossible or inexpedient to continue the trial. (5) Where a court-martial is dissolved under this section the accused may be tried by a court-martial constituted afresh.

102. (1) Subject to the provisions of this section, a sailor may be summarily tried by the officer in command of the naval ship or naval establishment to which the offender belongs either at the time of the commission of the offence or at the time of the trial, and may be awarded such punishment as may be prescribed. (2) This section applies to every offence under this Ordinance other than an offence punishable with death. (3) A commanding officer shall not have power under this section to award a sentence of imprisonment or detention for any term exceeding three months. (4) The power conferred by sub-section (1) on the officer in command of a ship or establishment may, subject to rules be exercised,-(a) in respect of persons on board a single tender or boat which is absent from the ship or establishment on detached service, by the officer in command of that tender or boat;(b) in respect of persons on board any one of two or more tenders or boats which are absent as aforesaid on detached service in company or acting together, by the officer in immediate command of those tenders or boats;(c) in respect of other persons absent from the ship or establishment on detached service either on shore or elsewhere, by the officer in immediate command of those persons; and(d) in respect of ²[sailors] attached to or serving with any body of the regular army or the air force under prescribed conditions, by the commanding officer of any such body. (5) The power conferred on any officer by sub-section (1) or sub-section (4) may be delegated by that officer to any other officer to such extent and subject to such conditions as may be prescribed.

103. The Chief of Naval Staff or any prescribed officer empowered by him in this behalf may in the prescribed manner and to such extent as may be specified by the Chief of Naval Staff, summarily try an officer of the rank of lieutenant or below charged with an offence under this Ordinance and award any punishment authorised by this Ordinance not exceeding forfeiture of seniority in rank or forfeiture of time for promotion for a period of six months.

104. Any person subject to this Ordinance and charged with an offence under this Ordinance may be tried and punished at any place whatsoever.

105. (1) Save as provided in sub-section (2), no trial by naval tribunal of any person subject to this Ordinance for any offence shall be commenced after the expiration of a period of three years from the date of the commission of such offence. (2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or fraudulent enrolment or for any of the offences relating to mutiny. (3) In computing the period of time mentioned in sub-section (1), any time spent by such person as a prisoner of war, or in any enemy territory, or in evading arrest after the alleged commission of the offence, shall be excluded. (4) Notwithstanding anything contained in sub-section (2), no trial for an offence of desertion (other than desertion on active service) or of fraudulent enrolment shall be commenced, if the person concerned (not being an officer) has, subsequently to the alleged commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the armed forces.

106. (1) Subject to the provisions of this section, a person who has ceased to be subject to this Ordinance may be tried under this Ordinance for any offence committed while subject to this Ordinance and may for that purpose be arrested and kept in naval custody as if he had not ceased to be subject thereto. (2) Save as provided in sub-section (3), no such person as aforesaid shall be tried for an offence, unless his trial commences within six months of his ceasing to be subject to this Ordinance. (3) The provisions of sub-section (2) shall not apply to the trial of any such person as aforesaid for an offence of desertion or fraudulent enrolment or for any of the offences relating to mutiny. (4) Nothing contained in sub-section (2) shall affect the jurisdiction of a criminal Court to try any offence triable by such Court. (5) When a person subject to this Ordinance is sentenced by a naval tribunal to imprisonment, this Ordinance shall apply to him during the term of his sentence, though he is dismissed from the service or has otherwise ceased to be subject to this Ordinance, and he may be kept, removed, imprisoned and punished as if he has continued to be subject to the Ordinance. (6) When a person subject to this Ordinance is sentenced by a naval tribunal to death, this Ordinance shall apply to him till the sentence is carried out.

107. (1) When a criminal Court and naval tribunal both have jurisdiction in respect of a civil offence, it shall be in the discretion of the prescribed naval authority to decide whether the proceedings shall be instituted before the Court or tribunal and if that authority decides that they shall be instituted before a naval tribunal, to direct that the accused person shall be detained in naval custody. (2) Where it is decided to institute the proceedings before a naval tribunal under sub-section (1) but the criminal Court is of the opinion that proceedings ought to be instituted before itself, it may by written notice require the prescribed naval authority to postpone the proceedings pending the determination of the matter by the Government, and thereupon the proceedings shall be so postponed. (3) On receiving a notice under sub-section (2), the said authority shall, unless upon reconsideration it agrees that the proceedings shall be instituted before the criminal Court, forthwith refer the matter to the Government whose decision thereupon shall be final.

108. (1) Where a person subject to this Ordinance is acquitted or convicted of an offence on trial by a naval tribunal, a criminal Court or a naval tribunal shall be debarred from trying him subsequently for the same offence. (2) Where a person subject to this Ordinance is acquitted or convicted of any offence on trial by a criminal Court, he shall not subsequently be tried under this Ordinance for the same offence; and no person so convicted shall, by reason of such conviction, be subjected to any loss or forfeiture of seniority or of ³[rank], of privilege in respect of leave, or of pay or service (other than pay and service in respect of time spent in civil custody pending trial, or while attending his trial, or while serving any sentence of imprisonment, awarded by the criminal Court): Provided that nothing in this sub-section shall affect the power to discharge any person from the naval service as a person whose services are no longer required.