24. 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, airfield, place, post 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 do any of the said act; or(b) in the presence of any enemy, shamefully casts away his arms, ammunition, tools or equipment, or misbehaves in such manner as to show cowardice; or(c) intentionally uses words or any other means to compel or induce any person subject to this Act, or to ¹[* * *] the Air Force Act, 1953, or to the Navy Ordinance, 1961, to abstain from acting against the enemy or to discourage such person from acting against the enemy; or(d) directly or indirectly, treacherously holds correspondence with, or communicates intelligence to, the enemy or who coming to the knowledge of such correspondence or communication treacherously omits to discover it to his commanding or other superior officer; or(e) directly or indirectly assists or relieves the enemy with arms, ammunition, equipment, supplies or money, or knowingly harbours or protects an enemy not being a prisoner; or(f) treacherously or through cowardice sends a flag of truce to the enemy; or(g) in time of war, or during any operation, intentionally occasions a false alarm in action, camp, garrison or quarters, or spreads reports calculated to create alarm or despondency; or(h) in time of action, leaves his commanding officer, or quits 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 does when on active service any act calculated to imperil the success of the Bangladesh forces or any forces co-operating therewith or of any part of such forces;shall, on conviction by court martial, be punished with death or with such less punishment as is in this Act mentioned.

25. Any person subject to this Act who, on active service-(a) without orders from his superior officer leaves the ranks in order to secure prisoners, animals or materials, or on pretence of taking wounded men to the rear; or(b) without orders from his superior officer, wilfully destroys or damages any property; or(c) is taken prisoner for want of due precaution or through disobedience of orders a wilful neglect of duty, or, having been taken prisoner, fails to rejoin his service when able to do so; or(d) without due authority, either holds correspondence with, or communicates intelligence, or sends a flag of truce, to the enemy; or(e) by word of mouth, or in writing, or by signals, or otherwise spreads reports calculated to create alarm or despondency; or(f) in action, or previously to going into action, uses words calculated to create alarm or despondency;shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned.

26. Any person subject to this Act who-(a) treacherously makes known the parole, watchword or countersign to any person not entitled to receive it, or(b) treacherously gives a parole, watchword or countersign different from what he received,shall, on conviction by court martial, if he commits the offence on active service, be punished with death, or with such less punishment as is in this Act mentioned, and if he commits such offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

27. Any person subject to this Act who, on active service, commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned.

28. Any person subject to this Act who commits any of the following offences, that is to say,-(a) being a sentry, sleeps or is intoxicated on his post or quits it without leave; or(b) being a sentry, or on guard, plunders, or wilfully destroys, or injures, any property placed under his charge or under charge of his guard; or(c) strikes, or forces or attempts to force any sentry or safeguard; or(d) without orders from his superior officer, leaves his guard, picquet, patrol or post;shall, on conviction by court martial, if he commits such offence on active service, be punished with rigorous imprisonment which may extend to fourteen years or with such less punishment as is in this Act mentioned; and if he commits such offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned.

29. Any person subject to this Act whoÔÇö(a) breaks into any house or other place in search of plunder; or(b) by any means whatever, intentionally occasions a false alarm; or(c) without due authority, either verbally or in writing or by signals or otherwise discloses the number or position of any of the Bangladesh forces, or any part thereof, or any preparation for, or orders relating to operations or movement of such forces;shall, on conviction by court martial, if he commits the offence on active service, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned, or if he commits the offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned.

30. Any person subject to this Act who-(a) by any means whatever, negligently occasions a false alarm; or(b) makes known the parole, watchword, or countersign to any person not entitled to receive it, or, without good and sufficient cause, gives a watchword, parole or countersign different from what he received; or(c) irregularly detains or appropriates to his own unit or detachment any provisions or supplies proceeding to the forces, contrary to orders issued in that respect;shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to three years or with such less punishment as is in this Act mentioned.

31. 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 person to cause, or joins in, any mutiny in the military, naval or air forces of Bangladesh or any forces co-operating therewith; or(b) being present at any such mutiny, does not use his ut-most endeavours to suppress the same; or(c) knowing or having reason to believe in the existence of any such mutiny or any intention to commit such mutiny, or of any such conspiracy, does not without reasonable delay give information thereof to his commanding or other superior officer; or(d) attempts to seduce any person in the military, naval or air forces of Bangladesh from his duty or his allegiance to the Government of Bangladesh;shall, on conviction by court martial, be punished with death or with such less punishment as is in this Act mentioned.

32. (1) Any person subject to this Act who uses or attempts to use criminal force to, or commits an assault on, his superior officer being in the execution of his office, knowing or having reason to believe him to be such, shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned. (2) Any person subject to this Act who commits any of the following offences, that is to say,-(a) uses or attempts to use criminal force to, or commits an assault on, his superior officer, knowing or having reason to believe him to be such; or(b) is grossly insubordinate or insolent to his superior officer, knowing or having reason to believe him to be such; or(c) impedes a provost marshal or any person lawfully acting on his behalf, or any member of the service police, or when called upon, refuses to assist a provost marshal or any person lawfully acting on his behalf or any member of the service police in the execution of his duty,shall, on conviction by court martial, if he commits such offence on active service, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned; and if he commits such offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned. Explanation.- For the purposes of sub-section (2), “provost marshal” shall be deemed to include a provost marshal or any of his assistants appointed under ²[* * *] the Air Force Act, 1953, or the Navy Ordinance, 1961, and “service police” shall be deemed to include members of the Air Force or the Naval Police, being persons subject to the aforesaid Acts.

33. (1) Any person subject to this Act who disobeys in such a manner as to show a wilful defiance of authority a lawful command given personally by his superior officer, knowing or having reason to believe him to be such, shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned. (2) Any person subject to this Act who disobeys the lawful command of his superior officer, knowing or having reason to believe him to be such, shall, on conviction by court martial, if he commits such offence on active service, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned; and if he commits such offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

34. Any person subject to this Act who neglects to obey any standing or routine or other orders shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years, or with such less punishment as is in this Act mentioned.

35. Any person subject to this Act, who-(a) being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to, or assaults any such officer; or(b) uses criminal force to or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or(c) resists an escort whose duty it is to apprehend him or to have him in charge;shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years or with such less punishment as is in this Act mentioned.

36. (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 when on active service or when under orders for active service, be punished with death, or such less punishment as is in this Act mentioned; and if he commits the offence under any other circumstances, be punished for the first offence with rigorous imprisonment for a term which may extend to two years or with such less punishment as is in this Act mentioned, and for the second or any subsequent offence with rigorous imprisonment for a term which may extend to ten years, or with such less punishment as is in this Act mentioned. (2) Any person subject to this Act who knowingly harbours any deserter from any of the military, naval or Air forces of Bangladesh shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to seven years or with such less punishment as is in this Act mentioned. (3) Any person subject to this Act who, being cognisant of any desertion, or attempt at desertion, of any person belonging to the military, naval or air forces of Bangladesh, does not forthwith give notice to his own or some other superior officer, or does not take any steps in his power to cause such person to be apprehended, shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to three years or with such less punishment as is in this Act mentioned.

37. Any person subject to this Act who,-(a) absents himself without leave; or(b) without sufficient cause overstays leave granted to him; or(c) being on leave of absence and having received information from proper authority that the corps or unit or detachment or portion of the corps, unit or detachment to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay; or(d) without sufficient cause fails to appear at the time fixed, at the parade or place appointed for exercise or duty; or(e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or(f) when in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any standing or routine order without a pass or written leave from his superior officer; or(g) without leave from his superior officer or without sufficient cause, absents himself from any school or other institution when duly ordered to attend there;shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

38. Any person subject to this Act who,-(a) without having obtained a regular discharge from the corps or unit to which he belongs, or without having otherwise fulfilled the conditions enabling him to enrol or enter, enrols himself in, or enters the same or any other corps or unit or any part of the Bangladesh Forces regular or non-regular; or(b) is concerned in the enrolment in any of the Bangladesh Forces, regular or non-regular, of any person whom he knows or has reason to believe to be so circumstanced that by enrolling he commits an offence against this Act or against ³[* * *] the Air Force Act, 1953 or the Navy Ordinance, 1961;shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

39. Any parson having become subject to this Act by enrolment who is discovered to have made at time of his enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which was put to him by the enrolling officer before whom he appeared for the purpose of being enrolled shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned.

40. Any person subject to this Act who commits any of the following offences, that is to say,-(a) dishonestly misappropriates or commits theft of, or criminal breach of trust in respect of, any property belonging to the Government or any service property or the property of any person subject to this Act, or ⁴[* * *] the ⁵[Air Force Act, 1953,] or to the Navy Ordinance, 1961 or of any person serving with or attached to any of the armed forces of Bangladesh; or(b) dishonestly receives or retains any stolen property of the nature specified in clause (a), knowing or having reason to believe the same to be stolen; or(c) is guilty of any other act or omission with intent to defraud, or to cause wrongful gain or wrongful loss to any person;shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

41. Any person subject to this Act who commits any of the following offences, that is to say,-(a) malingers or feigns or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or(b) with intent to render himself or any other person subject to this Act unfit for service, voluntarily causes hurt to himself or such other person; or(c) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind;shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to ten years or with such less punishment as is in this Act mentioned.

42. Any person subject to this Act who directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, from any person for himself or any other person, any gratification whatever other than a legal remuneration, as a motive or reward for doing or forbearing to do any act, or for showing favour or disfavour to any person, in relation to any of the affairs of the State or of any service affairs, shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

43. Any person subject to this Act who commits the following offence, that is to say, the offence of being in a state of intoxication, shall, on conviction by court martial, if he commits such offence on active service or while he is on duty, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned; and if he commits such offence while not on active service or not on duty, be punished, if he is subject to this Act as an officer, with dismissal or such less punishment as is in this Act mentioned; and if he is subject to this Act otherwise than as an officer, with rigorous imprisonment for a term which may extend to six months or with such less punishment as is in this Act mentioned.

44. (1) Any person subject to this Act who, without authority, wilfully releases any prisoner or person placed in service custody, shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned. (2) Any person subject to this Act who commits any of the following offences, that is to say,-(a) negligently or without reasonable excuse allows any prisoner or person placed in his charge to escape, or(b) being in lawful custody escapes or attempts to escape or leaves such custody before he is set at liberty by proper authority;shall, on conviction by court martial, be punished, if he is subject to this Act as an officer with dismissal, or such less punishment as is in this Act mentioned; and if he is subject to this Act otherwise, with rigorous imprisonment for a term which may extend to two years or with such less punishment as is in this Act mentioned.

45. Any person subject to this Act who commits any of the following offences, that is to say,-(a) loses by neglect any arms, ammunition, equipment, instruments, tools, clothing or any other thing, being Government or service property issued to him for his use or entrusted to him for his use or entrusted to him for military purposes; or(b) wilfully destroys or injures any Government or service property;shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years or with such less punishment as is in this Act mentioned.

46. Any person subject to this Act who commits any of the following offences, that is to say,-(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or(b) in making a complaint to his superior officer makes any statement affecting the character of a person subject to this Act knowing or having reason to believe such statement to be false, or in making such complaint knowingly and wilfully suppresses any material fact;shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years, or with such less punishment as is in this Act mentioned.

47. Any person subject to this Act who commits any of the following offences, that is to say,-(a) in any report, return, list certificate, book or other service or official document made or signed by him or of the contents of which it is his duty to ascertain the accuracy,-(i) knowingly makes or is privy to the making of any false or fraudulent statement; or(ii) knowingly makes or is privy to the making of an omission with intent to defraud; or(b) knowingly and with intent to injure any person, or to defraud, suppresses, defaces, alters or makes away with, any service or official document which it is his duty to preserve or produce; or(c) when it is his official duty to make a declaration respecting any service or official matter, knowingly makes a false declaration;shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to seven years, or with such less punishment as is in this Act mentioned.

48. Any person subject to this Act who,-(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores of any other Government or service property, knowingly leaves in blank any material part for which his signature is a voucher; or (b) refuses, or by culpable neglect omits, to make a report or return which it is his duty to make;shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years, or with such less punishment as is in this Act mentioned.

49. Any person subject to this Act who commits any of the following offences, that is to say,-(a) refuses to be sworn or affirmed when duly required by a court martial to be sworn or affirmed; or(b) refuses, when a witness, to answer any question or to produce or deliver up any book, document or other thing when duly required by a court martial to answer such question, or to produce or deliver up such book, document or other thing; or(c) is guilty of contempt of court martial, by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court;shall, on conviction by court martial be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

50. Any person subject to this Act who, having been duly sworn or affirmed before any court martial or other military court competent under this Act to administer an oath or affirmation, makes any statement which is false and which he either knows or believes to be false or does not believe to be true, shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to ten years, or with such less punishment as is in this Act mentioned.

51. Any person subject to this Act who,- (1) without lawful excuse, detains a person in arrest or confinement without bringing him to trial or fails to bring his case before the proper authority for investigation; or (2) having committed a person to custody, fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within twenty-four hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged;shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years or with such less punishment as is in this Act mentioned.

52. ⁶[Any officer or junior commissioned officer], who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court martial, be liable to be dismissed from the service or to suffer such less punishment as is in this Act mentioned.

53. Any person subject to this Act who strikes or ill- treats any person subject to this Act being his subordinate in rank or position shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned.

54. Any officer, ⁷[junior commissioned officer] or non-commissioned officer who, having received the pay of a person subject to this Act, unlawfully detains or refuses to pay the same, when due, shall, on conviction by court martial, be liable to be punished with rigorous imprisonment for a term which may extend to seven years or with such less punishment as is in this Act mentioned.

55. Any person subject to this Act who is guilty of any act, conduct, disorder or neglect to the prejudice of good order and of military discipline shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.

56. Any person subject to this Act who,-(a) voluntarily or negligently damages, destroys or loses any service aircraft or aircraft material; or(b) is guilty of any act or omission likely to cause such damage, destruction or loss; or(c) without due authority disposes of any service aircraft or aircraft material; or(d) is guilty of any act or omission in flying or in the use of any aircraft, or in relation to any aircraft, or aircraft material which causes or is likely to cause loss of life or bodily injury to any person; or(e) during a state of war, voluntarily and without proper occasion or negligently causes sequestration, by or under the authority of a neutral State, or the destruction in a neutral State, of any service aircraft,shall, on conviction by court martial, be punished, if he has acted voluntarily, with rigorous imprisonment for a term which may extend to fourteen years or with such less punishment as is in this Act mentioned; and if he has not acted voluntarily, with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned. Explanation.- In this section, “aircraft” includes aero-planes, baloons, kite baloons, airships, gliders or other machines for flying, and “aircraft material” includes any engines, fittings, guns, gear, instruments or apparatus for use in connection with aircraft, and components and accessories of aircraft, and petrol or any other substance used for providing motive power for aircraft, and lubricating oil.

57. Any person subject to this Act who attempts to commit any offence ⁸[specified in this Act] and in such attempt does any act towards the commission of the offence shall, on conviction by court martial, where no express provision is made by this Act for the punishment of such attempt, be punished, if the offence attempted to be committed is punishable with death, with rigorous imprisonment for a term which may extend to fourteen years or with such less punishment as is in this Act mentioned; and if the offence attempted to be committed is punishable with rigorous imprisonment, with rigorous imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with such less punishment as is in this Act mentioned.

58. Any person subject to this Act who abets the commission of any offence ⁹[specified in this Act], or of any offence punishable under ¹⁰[* * *] the Air Force Act, 1953, or the Navy Ordinance, 1961, such offence being of the same nature as an offence ¹¹[specified in this Act], shall, on conviction by court martial, be punished with the punishment provided for such offence in this Act or in ¹²[* * *] the Air Force Act, 1953, or in the Navy Ordinance, 1961, as the case may be, or with such less punishment as is in this Act mentioned.

59. (1) Subject to the provisions of sub-section (2), any person subject to this Act who at any place in or beyond Bangladesh commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section, shall be liable to be dealt with under this Act, and, on conviction, to be punished as follows, that is to say,-(a) if the offence is one which would be punishable under any law in force in Bangladesh with death or with transportation, he shall be liable to suffer any punishment other than whipping assigned for the offence by the aforesaid law or such less punishment as is in this Act mentioned; and(b) in any other case, he shall be liable to suffer any punishment other than whipping assigned for the offence by the law in force in Bangladesh, or with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned. (2) A person subject to this Act who commits an offence of murder against a person not subject to this Act or to ¹³[* * *] the Air Force Act, 1953, or to the ¹⁴[Navy Ordinance, 1961], or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this Act and shall not be dealt with under this Act unless he commits any of the said offences,-(a) while on active service, or(b) at any place outside Bangladesh, or(c) at a frontier post specified by the Government by notification in this behalf. (3) The powers of a court martial or an officer exercising authority under section 23 to charge and punish any person under this section shall not be affected by reason of the fact that the civil offence with which such person is charged is also an offence against this Act. (4) Notwithstanding anything contained in this Act or in any other law for the time being in force, a person who becomes subject to this Act by reason of his being accused of an offence mentioned in clause (d) of sub-section (1) of section 2 shall be liable to be tired or otherwise dealt with under this Act for such offence as if the offence were an offence against this Act and were committed at the time when such person was subject to this Act; and the provisions of this section shall have effect accordingly.