38Desertion and aiding desertion
(1) Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by court-martial,
if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and
if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who, knowingly harbours any such deserter shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
Download our fully-offline, High speed android app.- Click here
- 34 Offences in relation to the enemy and punishable with death
- 35 Offences in relation to the enemy and not punishable with death
- 36 Offences punishable more severely on active service than at other times
- 37 Mutiny
- 38 Desertion and aiding desertion
- 39 Absence without leave
- 40 Striking or threatening superior officers
- 41 Disobedience to superior officer
- 42 Insubordination and obstruction
- 43 Fraudulent enrolment
- 44 False answers on enrolment
- 45 Unbecoming conduct
- 46 Certain forms of disgraceful conduct
- 47 Ill-treating a subordinate
- 48 Intoxication
- 49 Permitting escape of person in custody
- 50 Irregularity in connection with arrest or confinement
- 51 Escape from custody
- 52 Offences in respect of property
- 53 Extortion and corruption
- 54 Making away with equipment
- 55 Injury to property
- 56 False accusations
- 57 Falsifying official documents and false declaration
- 58 Signing in blank and failure to report
- 59 Offences relating to courts-martial
- 60 False evidence
- 61 Unlawful detention of pay
- 62 Offences in relation to aircraft and flying
- 63 Violation of good order and discipline
- 64 Miscellaneous offences
- 65 Attempt
- 66 Abetment of offences that have been committed
- 67 Abetment of offences punishable with death and not committed
- 68 Abetment of offences punishable with imprisonment and not committed
- 69 Civil offences
- 70 Civil offence not triable by court-martial