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.