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The Navy Ordinance, 1961

( Ordinance NO. XXXV OF 1961 )

Chapter X


Period of limitation for trial
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.

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