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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.

  • 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).
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