ASSISTACE TO ACCUSED IN DEFAULTER

During a defaulter, when an accused is marched up to table, onboard a ship or an establishment, by default his DO (Divisional Officer) is standing there, who salutes whenever offender does Topi-Utar (removing of cap) while the defaulter is in progress.

Now, as under section 26 of regs Navy-II, an accused is afforded a chance to defend himself and afforded assistance. What section 26 reads as :

 

“26. Assistance to the accused: – 

(1) if the alleged offence is one which may be brought before the Commanding officer, the accused may request and shall be afforded at the earliest stage at which this is practicable, the assistance of any officer or other person in his ship whose assistance is reasonably available. 

(2) If no such request is made, it shall be the duty of the Divisional officer or such other officer as the Commanding officer may detail, having regard to the requirements of the case, to advise the accused at all stages. 

(3) The officer or person advising the accused may be changed at any stge either at the request of the accused or on account of exigencies of service.”

 

But what happens actually:

 

  1. DO is young officer of less than 6-7 years of service and he dont know any law.

  2. He dont want to defend as normally he is at side of service

  3. He doesnt care.

  4. The charged is asked to be framed by CO himself or signal has come from top (normally when a FO is not saluted).

 

Also, accused is neither aware nor he is made known that he can ask assistance of anyone. However, this is tough, as no one knows law and no one would like to come to side of accused. 

The investigation starts from the moment, the accused is asked by RPO or IO (Investigation Offiecer) that is RO/OOD/OOW to write statement. At this stage only the duty of Assistance begins but all these times, the DO is not even aware that his sailor is being charged.

The person advising accused can be changed any time. So, in case, accused is against the system, no one would be guiding him in real and he has to understand law himself to help him out.