29. Every flag officer, captain or other person subject to this Ordinance who, being in command of any of the naval ships, naval vessels or naval establishments-(a) fails to use his utmost exertions to bring into action any such ship, vessel or establishment which it is his duty to bring into action;(b) surrenders any such ship, vessel or establishment to the enemy when it is capable of being successfully defended or destroyed.(c) fails to pursue any enemy whom it is his duty to pursue, or to assist to the utmost of his ability any friend whom it is his duty to assist ; or(d) in the case of any action by or against the enemy, improperly withdraws from the action or from his station, or fails in his own person and according to his rank to encourage the persons under his command to fight courageously;shall be liable, if the offence is committed with intent to assist the enemy, to suffer death ; and in any other case to suffer long imprisonment.

30. Every person subject to this Ordinance who, not being in command of any of the naval ships, naval vessels or naval establishments, fails when ordered to prepare for action by or against the enemy, or during any such action, to use his utmost exertions to carry the lawful orders of his superior officers into execution shall be liable, if the offence is committed with intent to assist the enemy, to suffer death, and in any other case, to suffer long imprisonment.

31. Every person subject to this Ordinance who wilfully delays or discourages upon any pretext whatsoever, any action or service which has been commanded on the part of any of the Bangladesh forces or of any forces co-operating therewith, be liable, if the offence is committed with intent to assist the enemy, to suffer death, and in any other case, to suffer long imprisonment.

32. Every person subject to this Ordinance who- (a) communicates with or gives intelligence to the enemy;(b) fails to make known to the proper authorities any information received by him from the enemy;(c) furnishes the enemy with supplies of any description; or(d) having been made a prisoner of war, serves with or aids the enemy in the prosecution of hostilities or of measures calculated to influence morale, or in any other manner whatsoever, not authorised by international usage;shall be liable, if the offence is committed with intent to assist the enemy, to suffer death, and in any other case, to suffer long imprisonment.

33. (1) Every person subject to this Ordinance who, being in the presence or vicinity of the enemy or under orders to be prepared for action by or against the enemy, abandons his post improperly or sleeps upon his watch, shall be liable to suffer long imprisonment. (2) Every person subject to this Ordinance who, not being in the presence or vicinity of the enemy or under such orders as aforesaid, abandons his post improperly or sleeps upon his watch, shall be liable to suffer short imprisonment.

34. Every person subject to this Ordinance who neglects to perform or negligently performs any duty imposed on him shall be liable to be dismissed from the service.

35. In this Ordinance, mutiny means a combination between two or more persons subject to service law, or between persons two at least of whom are subject to service lawÔÇö(a) to overthrow or resist lawful authority in the armed forces of Bangladesh or any forces co-operating therewith or in any part of any of the said forces;(b) to disobey such authority in such circumstances as to make the disobedience subversive of discipline, or with the object of avoiding any duty or service, or in connection with operations against the enemy ; or(c) to impede the performance of any duty or service in the armed forces of Bangladesh or in any forces co-operating therewith, or in any part of any of the said forces.

36. (l) Every person subject to this Ordinance who-(a) takes part in a mutiny involving the use of criminal force or the threat of the use of criminal force or having as its object or one of its objects the refusal or avoidance of any duty or service against or in connection with operations against, the enemy, or the impeding of the performance of any such duty or service, or(b) incites any person subject to service law to take part in such a mutiny, whether actual or intended,shall be liable to suffer death. (2) Every person subject to this Ordinance who takes part in a mutiny not described in the foregoing sub-section, or incites any person subject to service law to take part in such a mutiny, whether actual or intended, shall be liable to suffer long imprisonment. (3) Every person subject to this Ordinance who endeavours to seduce any person subject to service law from his duty or allegiance to the Government, shall be liable to suffer long imprisonment.

37. Every person subject to this Ordinance who, knowing or having reason to believe that a mutiny is taking place or is intended,-(a) fails to use his utmost endeavours to suppress or prevent it; or(b) fails to report without delay that the mutiny is taking place or is intended, shall,-(i) if his offence was committed with intent to assist the enemy, be liable to suffer death; and(ii) in any other case, be liable to suffer long imprisonment.

38. Every person subject to this Ordinance who attempts to stir up any disturbance in a naval ship, naval vessel or naval establishment on the ground of unwholesomeness of food or upon any other ground, shall be liable to suffer long imprisonment.

39. Every person subject to this Ordinance who uses criminal force to, commits an assault on, his superior officer, whether or not that officer is exercising authority as such, shall be liable to suffer long imprisonment.

40. Every person subject to this Ordinance who wilfully disobeys any lawful command of his superior officer (by whatever means communicated to him), shall be liable to suffer long imprisonment.

41. Every person subject to this Ordinance who uses threatening or insulting language to, or behaves with contempt to, his superior officer, shall, 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 any other case to suffer short imprisonment.

42. Every person subject to this Ordinance who, neglects to obey or contravenes any provision of this Ordinance or any rule or regulation made under this Ordinance or any general or local order, shall, unless other punishment is provided in this Ordinance for such neglect or contravention, be liable to suffer short imprisonment.

43. Every person subject to this Ordinance who-(a) fights or quarrels with any other person, whether subject to this Ordinance or not;(b) uses threatening, abusive, insulting or provocative words or behaviour likely to cause disturbance;(c) being concerned in any quarrel, affray or disorder, refuses to obey any officer, who orders him into arrest, or uses criminal force to or assaults any such officer;(d) uses criminal force to or assaults any person, whether subject to this Ordinance or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or(e) resists any escort whose duty it is to apprehend him or to have him in charge,shall be liable to suffer short imprisonment.

44. Every person subject to this Ordinance, who, wilfully obstructs or wilfully refuses, when called on to assist, any provost officer or any person (whether subject to this Ordinance or not) legally exercising authority under or on behalf of a provost officer, shall be liable to suffer short imprisonment.Explanation.-For the purposes of this section, a “provost officer” shall be deemed to include a provost-marshal appointed under this Ordinance or under the ¹[Army Act], 1952, or the ²[Air Force Act], 1953, and any person legally exercising authority under him or on his behalf.

45. A person is guilty of desertion within the meaning of this Ordinance if he leaves or fails to attend at his ship or place of duty with the intention of remaining permanently absent from duty without proper authority or if, having left or failed to attend at his ship or place of duty in any circumstances, he does any act with the like intention.

46. (1) Every person subject to this Ordinance who deserts shall-(a) if he commits the offence on active service or when under orders for active service, be liable to suffer long imprisonment; and(b) if he commits the offence under any other circumstances, be liable to suffer short imprisonment. (2) A person convicted of desertion shall, except so far as the naval tribunal by which he is tried or the Chief of Naval Staff may otherwise direct, forfeit all pay, bounty, salvage and allowances earned by him, all annuities, pensions and gratuities granted to him, and all clothes and effects left by him on board his ship or at his place of duty. (3) Every person subject to this Ordinance who incites any other person subject to service law to desert, or knowingly harbours any such deserter, shall be liable to suffer short imprisonment.

47. Every person subject to this Ordinance who, without being guilty of desertion,-(a) absents himself without leave;(b) improperly leaves his ship or place of duty; or(c) incites any other person subject to service law to absent himself without leave or improperly to leave his ship or place of duty,shall be liable to suffer short imprisonment.

48. Every person subject to this Ordinance, who knowing that any other person subject to service law has deserted, absented himself without leave, or improperly left his ship or place of duty, or is attempting to desert, to absent himself without leave or improperly to leave his ship or place of duty,- (a) fails to report the fact without delay; or(b) fails to take any steps within his power to cause that person to be apprehended,shall be liable to suffer short imprisonment.

49. Every person subject to this Ordinance who, either wilfully or by negligence-(a) causes or allows to be lost, stranded or hazarded any of the naval ships or vessels; or(b) causes or allows to be lost or hazarded any of Government's aircraft, shall be liable, if he acts wilfully or with wilful neglect, to suffer long imprisonment, and in any other case to short imprisonment.

50. Every person subject to this Ordinance who is guilty of any act or neglect 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, shall be liableÔÇö(a) if he acts wilfully or with wilful neglect, to suffer long imprisonment; and(b) in any other case to suffer short imprisonment.

51. Every person subject to this Ordinance who, being the pilot of one of the Government's aircraft, flies it at a height less than such height as may be provided by any regulations issued under the authority of the Government, except-(a) while taking off or alighting; or(b) in such other circumstances as may be so provided, shall be liable to suffer short imprisonment.

52. Every person subject to this Ordinance who, being the pilot of one of the Government's aircraft, flies it so as to cause, or to be likely to cause, unnecessary annoyance to any person shall be liable to be dismissed from the service.

53. Every person subject to this Ordinance who being in command of any of the naval ships, naval vessels or aircraft,-(a) having taken any ship, vessel or aircraft as prize, fails to send to ³[the ⁴[High Court Division]] or to some other prize Court having jurisdiction in the case, all the ship papers or aircraft papers, as the case may be, found on board;(b) unlawfully makes any agreement for ransoming of any ship, vessel, aircraft or goods taken as prize; or(c) in pursuance of any such agreement as aforesaid, or otherwise by collusion, restores or abandons any ship, vessels, aircraft or goods taken as prize;shall be liable to suffer long imprisonment.

54. Every person subject to this Ordinance who-(a) strikes or otherwise ill-treats any person who is on board a ship, vessel or aircraft when taken as prize, or unlawfully takes from any such person anything in his possession;(b) removes out of any ship, vessel or aircraft taken as prize (otherwise than as safe keeping or for necessary use and service of any of the forces) any goods not previously adjudged by a prize Court to be lawful prize; or(c) breaks bulk on board any ship, vessel or aircraft taken as prize, or detained in exercise of any belligerent right or under any enactment, with intent to commit breach of trust or dishonestly misappropriates anything therein,shall be liable to suffer long imprisonment.

55. Every person subject to this Ordinance who makes or signs, without having ensured its accuracy, a certificate relating to any matter affecting the seagoing or fighting efficiency of any of the naval ships or naval vessels, or any certificate relating to any of the Government's aircrafts or aircraft material, shall be liable to suffer short imprisonment.

56. Every person subject to this Ordinance who, being in command of any of the naval ships, naval vessels or aircraft without lawful authority-(a) receives or permits to be received on board the ship, vessel or aircraft any goods or merchandise intended for disposal or delivery by way of trade or business (whether on his own account or on account of any other person), not being merchandise received in the course of salvage; or(b) agrees to convey any goods or merchandise on board the ship, vessel or aircraft in consideration of the payment of freight, or demands or receives any payment in respect of such carriage,shall be liable to be dismissed from the service.

57. Every person subject to this Ordinance who-(a) falsely pretends to be suffering from sickness or disability,(b) injures himself with intent thereby to render himself unfit for service, or causes himself to be injured by any person with that intent, or(c) with intent to render or keep himself unfit for service, does or fails to do anything (whether at the time of the act or omission he is in hospital or not) whereby he produces, or prolongs or aggravates, any sickness or disability,shall be liable to suffer short imprisonment. Explanation.- In this section the expression “unfit” includes temporarily unfit.

58. A person is in a state of intoxication within the meaning of this Ordinance if owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he might be called upon to perform, or behaves in a disorderly manner or in a manner likely to bring discredit on the service.

59. (1) Every person subject to this Ordinance, who is found in a state of intoxication-(a) if the offence is committed while on active service or under orders of active service or on duty, shall be liable to suffer short imprisonment; and(b) if the offence is committed under any other circumstances,(i) if he is an officer, shall be liable to be dismissed from service; and(ii) if he is a sailor, shall be liable to suffer detention.

60. Every person subject to this Ordinance who,-(a) unnecessarily detains a person in custody without bringing him to trial, or fails to bring his case before the proper authority for investigation; or(b) having committed a person to naval custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight 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 be liable to suffer short imprisonment.

61. Every person subject to this Ordinance, who, being in lawful custody, escapes or attempts to escape, shall be liable to suffer short imprisonment.

62. Every person subject to this Ordinance who,-(a) when in command of a guard, piquet, patrol or post, releases without proper authority, whether, wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed, or(b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard,shall be liable, if he has acted wilfully, to suffer long imprisonment, and if he has not acted wilfully, to suffer short imprisonment.

63. Every person subject to this Ordinance who commits any of the following offences, that is to say-(a) commits theft of any property belonging to the Government, or to any service mess, band or institution or to any person subject to service law, or serving with or attached to the navy; (b) dishonestly misappropriates or converts to his own use any such property;(c) commits criminal breach of trust in respect of any such property;(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence;(e) wilfully destroys or injures any property of the Government entrusted to him; or(f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person,shall be liable to suffer long imprisonment.

64. Every person subject to this Ordinance who makes away with (whether by pawning, selling, destroying or in any other way) or loses or by negligence damages or allows to be damaged-(a) any clothing, arms, ammunition or other equipment issued to him for his use for naval purposes; or(b) any military, naval or air force decoration granted to him,shall be liable to suffer short imprisonment. Explanation- It shall be a defence for a person charged under this section with losing any property that he took reasonable steps for its care and preservation.

65. Every person subject to this Ordinance who,-(a) loses any Government or service property of which he has the charge or which has been entrusted to his care, or which forms part of property of which he has the charge or which has been entrusted to his care;(b) by negligence destroys or damages any Government or service property or allows any such property to be destroyed or damaged; or(c) wastefully expends any such property,shall be liable to suffer short imprisonment. Explanation.- It shall be a defence for a person charged under this section with losing any property that he took reasonable steps for its care and preservation.

66. Every person subject to this Ordinance who without lawful authority wilfully discloses or purports to disclose whether orally, in writing, by signal or by any other means whatsoever, any information which has been entrusted in confidence to him or to which he has access owing to his position shall be liable to suffer short imprisonment.

67. Every person subject to this Ordinance who,-(a) makes or signs any muster, record or other official document which is to his knowledge false in a material particular;(b) alters any such document so that it is to his knowledge false in a material particular; or(c) connives at the commission by another person subject to this Ordinance of an offence against this section (whether or not he knows the nature of the document in relation to which that offence is committed),shall be liable to suffer short imprisonment.

68. Every person subject to this Ordinance who,-(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any property of the Government, fraudulently leaves in blank any material part for which his signature is a voucher; or(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send,shall be liable to suffer short imprisonment.

69. Every person having become subject to this Ordinance by enrolment who is discovered to have made at the time of his enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment, shall be liable to suffer short imprisonment.

70. Every officer subject to this Ordnance who behaves in a manner unbecoming his position and the character expected of him, shall be liable to be dismissed from the service.

71. Every person subject to this Ordinance who is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind, shall be liable to suffer short imprisonment.

72. Every person subject to this Ordinance who,-(a) makes a false accusation against any person subject to this Ordinance knowing or having reason to believe such accusation to be false; or(b) in making a complaint under section 23 makes any statement affecting the character of any person subject to this Ordinance, knowing or having reason to believe such statement to be false; or knowingly and wilfully suppresses any material facts,shall be liable to suffer short imprisonment.

73. (1) Every person subject to this Ordinance who,-(a) having been duly summoned or ordered to attend before a court-martial, fails to comply with the summons or order;(b) refuses to take an oath or make an affirmation when duly required by a court-martial to do so;(c) refuses to produce any document in his custody or under his control which a court-martial has lawfully required him to produce;(d) when a witness, refuses to answer any question which a court-martial has lawfully required him to answer;(e) wilfully insults any person, being a member of a court- martial or a witness or any other person whose duty it is to attend on or before the court, while that person is acting as a member thereof or is so attending, or while that person is going to or returning from the proceedings of the court; or(f) wilfully interrupts the proceedings of a court-martial, or otherwise misbehaves before the court,shall be liable to suffer short imprisonment. (2) Where an offence against sub-section (1) is committed in relation to a court-martial and the court is of opinion that it is expedient that the offender should be dealt with summarily by the court instead of being brought to trial before another court- martial, the court may by order under the hand of its president sentence him to imprisonment or (except in the case of an officer) detention, for a term not exceeding twenty-one days.

74. Every person subject to this Ordinance who, having been lawfully sworn or affirmed as a witness or as an interpreter in proceedings before a court-martial or before any board or person having power by virtue of this Ordinance to administer an oath or affirmation, makes a statement material in those proceedings which he knows to be false or does not believe to be true, shall be liable to suffer long imprisonment.

75. Every person subject to this Ordinance who is guilty of any act, disorder or neglect to the prejudice of good order and naval discipline not described in the foregoing provisions of this Ordinance, shall be liable to suffer short imprisonment.

76. Every person subject to this Ordinance who attempts to commit any of the offences specified in the foregoing provisions of this Ordinance, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence shall, where no express provision is made by this Ordinance for the punishment of such attempt be liable,-(a) if the offence attempted to be committed is punishable with death, to suffer long imprisonment;(b) if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence; and(c) if the offence attempted to be committed is punishable with dismissal from the service, to suffer any punishment lower than dismissal in the scale of punishments provided in section 80.

77. Every person subject to this Ordinance who abets the commission of any of the offences specified in the foregoing provisions of this Ordinance shall, whether the act abetted is committed or not in consequence of the abetment and where no express provision is made by this Ordinance for the punishment of such abetment, be liable to suffer the punishment provided for that offence.

78. (1) Subject to the provisions of section 79 every person subject to this Ordinance who at any place in or beyond Bangladesh commits any civil offence shall be deemed to be guilty of an offence against this Ordinance and, if charged therewith under this section, shall be liable to be tried by a naval tribunal, and, on conviction, be punishable as follows, that is to say,-(a) if the offence is one which would be punishable under the law in force in Bangladesh with death or with transportation, he shall be liable to suffer any punishment, other than transportation or whipping, assigned for the offence by the aforesaid law and such less punishment as is in this Ordinance mentioned:Provided that, where transportation is assigned as a punishment for the offence by the law of Bangladesh, he shall be liable to suffer, in lieu of transportation, rigorous imprisonment for a term not exceeding the term of transportation awardable under such law for that offence- rigorous imprisonment for fourteen years being deemed for this purpose the equivalent of transportation for life; and(b) in any other case, he shall be liable to suffer any punishment, other than whipping, assigned for the offence by any law in force in Bangladesh, or to suffer short imprisonment or such less punishment as is in this Ordinance mentioned. (2) A person subject to this Ordinance may be charged with an offence under this section notwithstanding that he could on the same facts be charged with an offence under any other section of this Ordinance. (3) 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.

79. A person subject to this Ordinance who commits an offence of murder against a person not subject to service law, or of culpable homicide not amounting to murder against such a person, or of rape in relation to such a person, shall be deemed to be guilty of an offence under this Ordinance and shall be tried by a naval tribunal, provided he commits any of the said offences,-(a) while on active service;(b) at any place outside Bangladesh; or(c) at any place specified by the Government by notification in this behalf.