Offences in relation to persons in custody
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.