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The Navy Ordinance, 1961

( Ordinance NO. XXXV OF 1961 )

Chapter X


Concurrent jurisdiction of naval tribunal and criminal Court
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.

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