Page:Army Act, 1950 on Gazette of India.pdf/10

192(8) 33. Saving of rights and privileges under other laws.—The rights and privileges specified in the preceding sections of this Chapter shall be in addition to, and not in derogation of, any other rights and privileges conferred on persons subject to this Act or on members of the regular Army, Navy and Air Force generally by any other law for the time being in force.

34. Offences In relation to the enemy and punishable with death.—Any person subject to this Act who commits any of the following offences, that is to say,—
 * (a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit any of the said acts; or
 * (b) intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy, or
 * (c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or
 * (d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union; or
 * (e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies; or
 * (f) treacherously or through cowardice sends a flag of truce to the enemy; or
 * (g) in time of war or during a military operation, intentionally occasions a false alarm in action, camp, garrison or quarters, oi spreads reports calculated to create alarm or despondency; or
 * (h) in time of action leaves his commanding officer or his post, guard, picquet, patrol or party without being regularly relieved or without leave; or
 * (i) having been made a prisoner of war, voluntarily serves with or aids the enemy; or
 * (j) knowingly harbours or protects an enemy not being a prisoner; or
 * (k) being a sentry in time of war or alarm, sleeps upon his post or intoxicated; or
 * (l) knowingly does any act calculated to imperil the success of the military, naval or air forces of India or any forces co-operating therewith or any part of such forces;

shall, on conviction by court-martial, be liable to suffer death or such less punishment as is in this Act mentioned.

35. Offences in relation to the enemy and not punishable with death.-Any person subject to this Act who commits any of the following offences, that is to may,—
 * (a) is taken prisoner, by want of due precaution, or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so; or