Section 36 of the Army Act, 1950 – Offences punishable more severely on active service than at other times

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Section 36: Offences punishable more severely on active service than at other times

Any person subject to this Act who commits any of the following offences, that is to say,–

  • (a) forces a safeguard, or forces or uses criminal force to a sentry; or
  • (b) breaks into any house or other place in search of plunder; or
  • (c) being a sentry sleeps upon his post, or is intoxicated; or
  • (d) without orders from his superior officer leaves his guard, picquet, patrol or post ; or
  • (e) intentionally or through neglect occasions a false alarm in camp, garrison, or quarters ; or spreads reports calculated to create unnecessary alarm or despondency ; or
  • (f) makes known the parole, watchword or countersign to any person not entitled to receive it; or knowingly gives a parole, watchword or countersign different from what he received; shall, on conviction by court-martial, if he commits any such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he commits any such offence when not on active service, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

Source: official text of The Army Act, 1950 as published on India Code (PDF). All sections of the Army Act, 1950.