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The Navy Ordinance, 1961

( Ordinance NO. XXXV OF 1961 )

Chapter X

AUTHORITIES HAVING POWER TO AWARD PUNISHMENT

Liability of offender who ceases to be subject to this Ordinance
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.

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