Page:Army Act, 1950 on Gazette of India.pdf/11

THE GAZETTE OF INDIA EXTRAORDINARY :(b) without due authority holds correspondence with or communicates intelligence to the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his commanding or other superior officer; or
 * (c) without due authority sends a flag of truce to the enemy;

shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

36. Offences punishable more severely on active service than at other times.— Any person subject to this Act who commits any of the following offences, that is to say,—
 * (a) forces a safeguard, or forces or uses criminal force to a sentry;, or
 * (b) breaks into any house or other place in search of plunder; or
 * (c) being a sentry sleeps upon his post, or is intoxicated; or
 * (d) without orders from his superior officer leaves his guard, picquet, patrol or post; or
 * (e) intentionally or through neglect occasions a false alarm in camp, garrison, or quarters; or spreads reports calculated to create unnecessary alarm or despondency; or
 * (f) makes known the parole, watchword or countersign to any person not entitled to receive it; or knowingly gives a parole, watchword or countersign different from what he received;

shall, on conviction by court-martial,


 * if he commits any such offence when on active service, be liable to suffer imprisonment for u term which may extend to fourteen years or such less punishment as is in this Act mentioned; and


 * if he commits any such offence when not on active service, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

37. Mutiny,—Any person subject to this Act who commits any of the following offences, that is to say,—
 * (a) begins, incites, causes, or conspires with any other persons to cause any mutiny in the military, naval or air forces of India or any forces co-operating therewith; or
 * (b) joins in any such mutiny; or
 * (c) being present at any such mutiny, does not use hie utmost endeavours to suppress the same; or
 * (d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer; or
 * (e) endeavours to seduce any person in the military, naval or air forces of India from his duty or allegiance to the Union;

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

38. Desertion and aiding desertion.—(1) Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by court-martial,