Chapter II.

Offences against Military Law.

124. —Every officer subject to military law and in command of a State ship, service aircraft, defence establishment, unit or other element of the Defence Forces—

(a) who, when under orders to carry out an operation of war or on coming into contact with an enemy that it is his duty to engage, negligently or through other default, does not use his utmost exertion to bring the officers and men under his command or his ship, aircraft, or his other matériel into action, or

(b) who, when capable of making a successful defence, surrenders his ship, aircraft, vehicle, defence establishment, matériel or unit to the enemy, or

(c) who, being in action, unjustifiably withdraws from the action, or

(d) who unjustifiably fails to pursue an enemy or to consolidate a position gained, or

(e) who unjustifiably fails to relieve or assist a known friend to the utmost of his power, or

(f) who, when in action, unjustifiably forsakes his station,

in guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer death or any less punishment awardable by a court-martial.

125. —Every person subject to military law—

(a) who treacherously deserts to the enemy, or

(b) who treacherously or without due authority sends a flag of truce to the enemy, or

(c) who treacherously or without due authority holds communication with or gives intelligence to the enemy, or

(d) who misbehaves or induces others to misbehave before the enemy in such a way as to show cowardice, or

(e) who assists the enemy with matériel, or

(f) who knowingly harbours or protects an enemy not being a prisoner, or

(g) who treacherously assists the enemy by giving a false identification or other signal or altering or interfering with any signal, or

(h) who improperly delays or treacherously or in a cowardly manner discourages any action against the enemy, or

(i) who, when ordered to carry out an operation of war, negligently or through other default fails to use his utmost exertion to carry the orders into effect, or

(j) who treacherously or unjustifiably abandons or delivers up any defence establishment, garrison, place, State ship, service aircraft, vehicle or animal, matériel, post or guard, or

(k) who knowingly does or omits to do anything that results in the capture by the enemy of persons or the capture or destruction by the enemy of matériel, or

(l) who treacherously assists the enemy in any way not specifically hereinbefore mentioned in this section, or

(m) who, while serving in a State ship involved in the convoying and protection of vessels,—

(i) fails to defend the vessels and goods under convoy, or

(ii) refuses to fight in defence of the vessels in his convoy if they are attacked, or

(iii) cowardly abandons or exposes the vessels in his convoy to hazards,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer death or any less punishment awardable by a court-martial.

126. —(1) In this section, the word “safeguard” means any party of the Defence Forces detached for the purpose of protecting some person or persons or for the purpose of protecting, or of preventing or controlling access to, any premises or place or for the purpose of regulating traffic on any road, railway or inland navigation, and includes any sentry being a member of the Defence Forces posted for any of the said purposes.

(2) Every person subject to military law—

(a) who, when acting as sentry or lookout or otherwise when on watch or guard, leaves his watch, guard, picket, patrol or post before he is regularly relieved or sleeps or is drunk, or

(b) who, without orders from his superior officer, leaves his watch, guard, picket, patrol or post, or

(c) who, without due authority, discloses in any manner whatsoever any information relating to the number, position, matériel, movements, preparations for movements, operations or preparations for operations of the Defence Forces or any portion thereof or to any State ships, service aircraft or vehicles, or

(d) who makes known the parole, watchword, password, countersign or identification signal to any person not entitled to receive it or gives, without good and sufficient cause, a parole, watchword, password, countersign or identification signal different from that which he received, or

(e) who, without due authority, alters or interferes with any identification or other signal, or

(f) who unjustifiably occasions false alarms, or

(g) who forces a safeguard or forces, strikes or molests a sentinel, or

(h) who loots or plunders or breaks into any house or place with intent to loot or plunder, or

(i) who, without orders from his superior officer, or without reasonable cause, wilfully destroys or damages any property, or

(j) who does violence to any person bringing matériel to the Defence Forces, or

(k) who, without proper authority, detains or appropriates to the unit of the Defence Forces with which he is serving any matériel being conveyed to any other unit of the Defence Forces, or

(l) who impedes the provost marshal or any officer or man legally exercising authority under or on behalf of the provost marshal, or, when called on, refuses to assist in the execution of his duty the provost marshal or any such officer or man, or

(m) who knowingly does or omits to do anything the doing or omission whereof is calculated to imperil the success or prejudice the security of the Defence Forces or any portion thereof,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer,—

(i) if he commits such offence on active service, penal servitude or any less punishment awardable by a court-martial, or

(ii) if he commits such offence not on active service and is an officer, dismissal with ignominy from the Defence Forces or any less punishment awardable by a court-martial, or

(iii) if he commits such offence not on active service and is a man, imprisonment or any less punishment awardable by a court-martial.

127. —Every person subject to military law—

(a) who, by want of due precaution, or through disobedience of orders or wilful neglect of duty, is taken prisoner, or

(b) who, having been taken prisoner, fails to rejoin the Defence Forces when able to do so, or

(c) who, having been made a prisoner of war, serves with or aids the enemy,

is guilty of an offence against military law, and shall, on conviction by court-martial, in case he served with or aided the enemy, be liable to suffer death or any less punishment awardable by a court-martial and, in any other case, be liable to suffer penal servitude or any less punishment awardable by a court-martial.

128. —Every person subject to military law who joins in a mutiny that is accompanied by violence is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer death or any less punishment awardable by a court-martial.

129. —Every person subject to military law who joins in a mutiny that is not accompanied by violence is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer penal servitude or any less punishment awardable by a court-martial.

130. —Every person subject to military law—

(a) who causes or conspires with any other person to cause a mutiny, or

(b) who endeavours to persuade any person to join in a mutiny, or

(c) who, being present, does not use his utmost endeavours to suppress a mutiny, or

(d) who, being aware of an actual or intended mutiny, does not without delay inform his superior officer thereof,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer penal servitude or any less punishment awardable by a court-martial.

131. —Every person subject to military law who disobeys a lawful command of a superior officer is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer penal servitude or any less punishment awardable by a court-martial.

132. —Every person subject to military law who strikes or attempts to strike, or uses, attempts to use, or offers violence to a superior officer is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer penal servitude or any less punishment awardable by a court-martial.

133. —Every person subject to military law who uses threatening or insulting language to, or behaves in an insubordinate manner towards, a superior officer is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

134. —Every person subject to military law—

(a) who, being concerned in a quarrel, fray or disorder, refuses to obey an officer, though of inferior rank, who orders him into arrest, or strikes or uses or offers violence to any such officer, or

(b) who strikes or uses or offers violence to any other person in whose custody he is placed, whether or not such other person is his superior officer and whether or not such other person is subject to military law, or

(c) who resists an escort whose duty it is to apprehend him or to have him in charge, or

(d) who breaks out of barracks, station, camp, quarters or ship,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

135. —(1) Every person subject to military law who deserts or attempts to desert the Defence Forces is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer,—

(a) if he commits such offence on active service, penal servitude or any less punishment awardable by a court-martial, or

(b) if he commits such offence not on active service, in the case of a first offence, imprisonment or any less punishment awardable by a court-martial or, in the case of a second or any subsequent offence, penal servitude or any less punishment awardable by a court-martial.

(2) (a) For the purposes of this Act, a person deserts the Defence Forces—

(i) if, being on or having been warned for hazardous duty or important service, he is absent without due authority with the intention of avoiding that duty or service, or

(ii) if, having been warned that his vessel is under sailing orders, he is absent without due authority with the intention of missing that vessel, or

(iii) if he absents himself without due authority from his unit or formation or from the place where his duty requires him to be, with the intention of not returning to that unit, formation or place, or

(iv) if he is absent without due authority from his unit or formation or from the place where his duty requires him to be and at any time during such absence forms the intention of not returning to that unit, formation or place, or

(v) if, while absent with due authority from his unit or formation or from the place where his duty requires him to be, with the intention of not returning to that unit, formation or place, he does any act or omits to do anything, the natural and probable consequence of which act or omission is to preclude his return to that unit, formation or place at the time required.

(b) For the purposes of paragraph (a) of this subsection, a person who has been absent without authority for a continuous period of six months or more shall, unless the contrary is proved, be presumed to have had the intention of not returning to his unit or formation or the place where his duty requires him to be.

136. —Every person subject to military law—

(a) who, being aware of the desertion or intended desertion of a person, does not without reasonable excuse inform his superior officer forthwith, or

(b) who fails to take any steps in his power to cause the apprehension of a person known by him to be a deserter,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

137. —(1) Every person subject to military law who absents himself without leave is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

(2) For the purposes of this Act, a person absents himself without leave—

(a) if, without authority, he leaves his unit or formation or the place where his duty requires him to be, or

(b) if, without authority, he is absent from his unit or formation or the place where his duty requires him to be, or

(c) if, having been authorised to be absent from his unit or formation or the place where his duty required him to be, he fails to return to that unit, formation or place at the expiration of the period for which his absence was authorised,

and the expression “absent himself without leave” shall in this Act be construed accordingly.

138. —Every person subject to military law who knowingly makes a false statement in respect of prolongation of leave of absence is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer, if an officer, dismissal from the Defence Forces or any less punishment awardable by a court-martial, or, if a man, detention or any less punishment awardable by a court-martial.

139. —Every officer who, being subject to military law, behaves in a scandalous manner, unbecoming the character of an officer, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer dismissal with ignominy from the Defence Forces or dismissal from the Defence Forces.

140. —Every person subject to military law who strikes or otherwise ill-treats any member of the Defence Forces, who by reason of rank or appointment is subordinate to him, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

141. —Every person subject to military law—

(a) who makes a false accusation against an officer or man, knowing such accusation to be false, or

(b) who knowingly makes a false statement affecting the character of an officer or man,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

142. —Every person subject to military law who, whether on duty or not on duty, is drunk is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer,—

(a) if an officer, dismissal from the Defence Forces or any less punishment awardable by a court-martial, or

(b) if a man and the offence is committed on active service or on duty, imprisonment or any less punishment awardable by a court-martial, or

(c) if a man and the offence is committed not on active service or on duty, detention for a period not exceeding ninety days or any less punishment awardable by a court-martial.

143. —Every person subject to military law—

(a) who malingers or feigns or induces disease or infirmity, or

(b) who induces, aggravates, or delays the cure of, disease or infirmity by misconduct or wilful disobedience of orders, or

(c) who wilfully maims or injures himself or any other person who is a member of the Defence Forces, whether at the instance of that person or not, with intent thereby to render himself or that other person unfit for service, or causes himself to be maimed or injured by any person with intent thereby to render himself unfit for service,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

144. —Every person subject to military law who unnecessarily detains any other person in arrest or confinement without bringing him to trial, or fails to bring that other person's case before the proper authority for investigation, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

145. —Every person subject to military law—

(a) who, without proper authority, sets free or authorises or otherwise facilitates the setting free of any person in custody, or

(b) who negligently or wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard or keep in custody, or

(c) who assists any person in escaping or attempting to escape from custody,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable, in case he acted wilfully, to suffer penal servitude or any less punishment awardable by a court-martial and, in any other case, to suffer imprisonment or any less punishment awardable by a court-martial.

146. —Every person subject to military law who, being in arrest or confinement or in prison or otherwise in lawful custody, escapes, or attempts to escape, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

147. —Every person subject to military law—

(a) who resists or wilfully obstructs an officer or man in carrying out any duty, performed by such officer or man with due authority, pertaining to the arrest, custody or confinement of a person subject to military law, or

(b) who, when called upon, refuses or neglects to assist an officer or man in the performance of any such duty,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

148. —Every person subject to military law—

(a) who neglects or refuses to deliver over an officer or man to the civil power, pursuant to a warrant in that behalf, or

(b) who neglects or refuses to assist in the lawful apprehension of an officer or man accused of an offence punishable by a civil court,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

149. —Every person subject to military law who wilfully or negligently or through other default loses, strands, hazards or damages or suffers to be lost, stranded, hazarded or damaged any State ship, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer penal servitude or any less punishment awardable by a court-martial.

150. —Every person subject to military law who, being in command of a State ship or service aircraft, takes or receives on board, or allows to be carried, goods or merchandise that he is not authorised to take or receive on board is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

151. —Every person subject to military law—

(a) who, in the use of or in relation to any service aircraft or service aircraft material, wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission causes or is likely to cause loss of life or bodily injury to any person, or

(b) who, wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission results or is likely to result in damage to or destruction or loss of any service aircraft or service aircraft material, or

(c) who, during a state of war, wilfully or negligently causes the sequestration by or under the authority of a neutral State of any service aircraft, or

(d) who, during a state of war, wilfully or negligently causes, otherwise than in accordance with regulations, orders or instructions, the destruction in a neutral State of any service aircraft,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer penal servitude or any less punishment awardable by a court-martial.

152. —Every person subject to military law who signs any certificate in relation to an aircraft or aircraft material without ensuring the accuracy thereof is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

153. —Every person subject to military law who flies a service aircraft at a height less than the minimum height authorised in the circumstances is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

154. —(1) Every person subject to military law who, when in a service aircraft, disobeys any lawful command given by the captain of the aircraft in relation to the flying or handling of the aircraft or affecting the safety of the aircraft, whether the captain is subject to military law or not, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer penal servitude or any less punishment awardable by a court-martial.

(2) For the purposes of this section—

(a) every person, whatever his rank, shall when he is in a service aircraft be under the command, as respects all matters relating to the flying or handling of the aircraft or affecting the safety of the aircraft, of the captain of the aircraft, whether the latter is subject to military law or not;

(b) if the service aircraft is a glider and is being towed by another aircraft, the captain of the glider shall so long as his glider is being towed be under the command, as respects all matters relating to the flying or handling of the glider or affecting the safety of the glider, of the captain of the towing aircraft, whether the latter is subject to military law or not.

155. —Every person subject to military law who, being charged with or concerned in the care and distribution of any public property or service property, steals, fraudulently converts or misapplies or embezzles that property or is concerned in or connives at the stealing, fraudulent conversion or misapplication or embezzlement thereof shall be guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer penal servitude or any less punishment awardable by a court-martial.

156. —Every person subject to military law who steals, embezzles or fraudulently misapplies or receives knowing it to have been stolen or otherwise unlawfully obtained any property belonging to a person subject to military law or any public property or service property, shall be guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

157. —Every person subject to military law—

(a) who wilfully destroys or damages, loses by neglect, improperly sells or wastefully expends any property being—

(i) public property, or

(ii) service property, or

(iii) property received for, or administered by or through, service messes, institutes or canteens, or

(iv) property contributed by members of the Defence Forces for the collective benefit and welfare of such members, or

(v) property derived from, purchased out of the proceeds of sale of, or received in exchange for property mentioned in subparagraph (iii) or (iv) of this paragraph, or

(b) who wilfully destroys, damages or improperly sells, pawns, or pledges any property belonging to another person who is subject to military law,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

158. —Every person subject to military law—

(a) who connives at the exaction, by a person supplying property or services to the Defence Forces, of an exorbitant price therefor, or

(b) who wrongfully demands or accepts compensation, consideration or personal advantage in respect of the performance of any military duty or in respect of any matter relating to the Department of Defence or the Defence Forces, or

(c) who receives directly or indirectly, whether personally or by or through any member of his family or person under his control, or for his benefit, any gift, loan, promise, compensation or consideration, either in money or otherwise, from any person, for assisting or favouring any person in the transaction of any business relating to the Department of Defence or the Defence Forces, or to any service mess, institute or canteen,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer penal servitude or any less punishment awardable by a court-martial.

159. —(1) Every person subject to military law—

(a) who, having the charge of a service vehicle, by wanton or furious driving or racing or other wilful misconduct or by wilful neglect, does or causes to be done any bodily injury to any person or damage to any property, or

(b) who drives a service vehicle on a street, road, highway or any other place, whether public or private, in a manner that is dangerous to any person or property having regard to all the circumstances of the case, or

(c) who drives or attempts to drive a service vehicle while he is drunk,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

(2) For the purposes of paragraph (c) of subsection (1) of this section a person shall be deemed to have been drunk while driving or attempting to drive a service vehicle if the court-martial or the officer investigating the charge under section 177, 178 or 179 is satisfied that such person was, by reason of the consumption by him of intoxicating liquor or by reason of his having taken drugs, in such a condition that he was incapable of exercising effective control of such vehicle while in motion.

160. —Every person subject to military law—

(a) who uses a service vehicle for an unauthorised purpose, or

(b) who, without due authority, uses a service vehicle for any purpose, or

(c) who uses a service vehicle contrary to any regulation, order or instruction,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

161. —(1) In this section, the expression “service tribunal” means—

(a) a court-martial,

(b) an authorised officer investigating a charge under section 177,

(c) a commanding officer investigating a charge under section 178,

(d) an officer taking a summary of evidence in accordance with regulations made under section 184,

(e) a court of inquiry.

(2) Every person subject to military law—

(a) who, being duly summoned or ordered to attend as a witness before a service tribunal, makes default in attending, or

(b) who refuses to take an oath or make an affirmation lawfully required by a service tribunal to be taken or made, or

(c) who refuses to produce any document in his power or control lawfully required by a service tribunal to be produced by him, or

(d) who refuses when a witness to answer any question to which a service tribunal may lawfully require an answer, or

(e) who uses insulting or threatening language or causes any interruption or disturbance in the proceedings of a service tribunal, or

(f) who commits any other contempt of a service tribunal,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

162. —Every person subject to military law who, when examined on oath or solemn declaration before a service tribunal, within the meaning of section 161, knowingly gives false evidence is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

163. —Every person subject to military law—

(a) who ill-treats, by violence, extortion or making disturbance in billets or otherwise, any occupant of a house in which any person is billeted or of any premises in which accommodation for matériel has been provided, or

(b) who fails to comply with regulations in respect of payment of the just demands of the person on whom he or any officer or man under his command is or has been billeted or the occupant of premises in which matériel is or has been accommodated,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

164. —(1) Every person subject to military law as a man who fraudulently enlists is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

(2) For the purposes of this Act, a man fraudulently enlists who,—

(a) while belonging to the Permanent Defence Force, or having been called out on permanent service as a man of the Reserve Defence Force, without having obtained a regular discharge therefrom, or otherwise fulfilling the conditions enabling him to enlist, enlists in the Permanent Defence Force, or

(b) when belonging to the Permanent Defence Force, enlists in the Reserve Defence Force without having fulfilled the conditions enabling him to so enlist.

(3) When an offender has fraudulently enlisted on several occasions he may for the purpose of this section be deemed to belong to any one or more of the service corps or units to which he has been appointed or transferred as well as the service corps or unit to which he properly belongs.

165. —Every person subject to military law—

(a) who is concerned in the enlistment for service in the Permanent Defence Force or the Reserve Defence Force of any man when he knows or has reasonable cause to believe such man to be so circumstanced that by enlisting he commits an offence against military law, or

(b) who wilfully contravenes any enactment or regulation in any matter relating to the enlistment or attestation of men of the Permanent Defence Force or the Reserve Defence Force,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

166. —Every person subject to military law who negligently performs a military duty imposed on him is guilty of an offence against military law and shall, on conviction by court-martial, be liable, if an officer, to suffer dismissal from the Defence Forces or any less punishment awardable by a court-martial or, if a man, to suffer imprisonment or any less punishment awardable by a court-martial.

167. —Every person subject to military law—

(a) who knowingly or negligently makes or signs a document, required for official purposes, that is false, or

(b) who knowingly or negligently orders the making or signing of a document, required for official purposes, that is false, or

(c) who, when signing a document required for official purposes, leaves in blank any material part for which his signature is a voucher, or

(d) who, knowingly and with intent to injure any person or with intent to deceive, suppresses, defaces, alters or makes away with any document or file kept, made or issued for any purpose connected with the Department of Defence or the Defence Forces, or

(e) who refuses or, by culpable neglect, omits to make or send a report or return which it is his duty to make or send, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by a court-martial.

168. —(1) Every person subject to military law who commits any act, conduct, disorder or neglect to the prejudice of good order and discipline is guilty of an offence against military law and shall, on conviction by court-martial, be liable, if an officer, to suffer dismissal from the Defence Forces or any less punishment awardable by a court-martial and, if a man, to suffer imprisonment or any less punishment awardable by a court-martial.

(2) (a) A person shall not be charged under this section with an offence which is, by virtue of any previous section contained in this Chapter, an offence against military law.

(b) Where a person is charged with an offence in contravention of this subsection and is convicted—

(i) the conviction shall not be invalid by reason only of such contravention unless it appears that an injustice has been done to the person charged by reason of such contravention,

(ii) the responsibility of an officer for such contravention shall not be affected by the validity of the conviction.

(3) For the purposes of this section—

(a) the contravention (by act or omission) by any person of—

(i) any of the provisions of this Act, or

(ii) any regulations, orders or instructions published for the general information and guidance of that portion of the Defence Forces to which that person belongs or to which he is attached, or

(iii) any general, garrison, unit, station, standing or local orders,

is an act, conduct, disorder or neglect to the prejudice of good order and discipline;

(b) an attempt to commit any offence which is, by virtue of any previous section contained in this Chapter, an offence against military law is, unless such attempt is in itself an offence against military law under that section, an act, conduct, disorder or neglect to the prejudice of good order and discipline.

(4) Subsection (3) of this section shall not be construed as affecting the generality of subsection (1) of this section.

169. —Subject to the provisions of this Act, every person who, whilst he is subject to military law, commits any of the offences referred to in this section shall be deemed to be guilty of an offence against military law, and if charged under this section with any such offence (in this Act referred to as a civil offence) shall be liable to be tried by court-martial, and on conviction to be punished as follows, that is to say:—

(a) if he is convicted of treason, be liable to suffer death;

(b) if he is convicted of murder, be liable to suffer death;

(c) if he is convicted of manslaughter, be liable to suffer penal servitude or any less punishment awardable by a court-martial;

(d) if he is convicted of rape, be liable to suffer penal servitude or any less punishment awardable by a court-martial;

(e) if he is convicted of any offence not before in this section particularly specified, which when committed in the State is punishable by the ordinary criminal law of the State, be liable, whether the offence is committed in the State or elsewhere, either to suffer any punishment assigned for such offence by the law of the State or, if he is subject to military law as an officer, dismissal with ignominy from the Defence Forces or any less punishment awardable by a court-martial or, if he is subject to military law as a man, imprisonment or any less punishment awardable by a court-martial.