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The Navy Ordinance, 1961

( Ordinance NO. XXXV OF 1961 )

Chapter VI

OFFENCES

(xii) Miscellaneous Offences

Offences in relation to courts-martial
73. (1) Every person subject to this Ordinance who,-
 
 
 
 
(a) having been duly summoned or ordered to attend before a court-martial, fails to comply with the summons or order;
 
 
 
 
(b) refuses to take an oath or make an affirmation when duly required by a court-martial to do so;
 
 
 
 
(c) refuses to produce any document in his custody or under his control which a court-martial has lawfully required him to produce;
 
 
(d) when a witness, refuses to answer any question which a court-martial has lawfully required him to answer;
 
 
 
 
(e) wilfully insults any person, being a member of a court- martial or a witness or any other person whose duty it is to attend on or before the court, while that person is acting as a member thereof or is so attending, or while that person is going to or returning from the proceedings of the court; or
 
 
 
 
(f) wilfully interrupts the proceedings of a court-martial, or otherwise misbehaves before the court,
 
 
 
 
shall be liable to suffer short imprisonment.
 
 
 
 
(2) Where an offence against sub-section (1) is committed in relation to a court-martial and the court is of opinion that it is expedient that the offender should be dealt with summarily by the court instead of being brought to trial before another court- martial, the court may by order under the hand of its president sentence him to imprisonment or (except in the case of an officer) detention, for a term not exceeding twenty-one days.

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