(4) Notwithstanding anything contained in subsection (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.
106. Liability of offender who ceases to be subject to this Ordi nance.__ (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 subsection (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 subsection (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 1[or
espionage] 2[or for any of those mentioned in section 63].
(4) Nothing contained in subsection (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 other wise 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.
107. Concurrent jurisdiction of naval tribunal and criminal court.__(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.
1 Added by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 22.
2 Added by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 16.
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