Section 39 of the Army Act, 1950 – Absence without leave

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Section 39: Absence without leave

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

  • (a) absents himself without leave; or
  • (b) without sufficient cause overstays leave granted to him; or
  • (c) being on leave of absence and having received information from proper authority that any corps, or portion of a corps, or any department, to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay; or
  • (d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty; or
  • (e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or
  • (f) when in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or
  • (g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three 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.