40. Any person subject to this Act who commits any of the following offences, that is to say,-(a) uses criminal force to, or assaults his superior officer; or(b) uses threatening language to such officer; or(c) uses insubordinate language to such officer; shall, on conviction by court-martial,if such officer is at the time in the execution of his office or, if the offence is committed on active service, be liable to suffer long imprisonment; and in other cases, be liable to suffer short imprisonment.