Section 40 of the Army Act, 1950 – Striking or threatening superior officers

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Section 40: Striking or threatening superior officers

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 imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned: Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five years.

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