Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five years.
41. Disobedience to superior officer.—(1) Any person subject to this Act who disobeys in such manner us to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall on conviction by court-martial, if he commits such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such leas punishment as is in this Act mentioned; and
if he commits such offence when not on active service, be liable to suffer imprisonment for a term which may extend to five yearn or such less punishment as is in this Act mentioned.
42. Insubordination and obstruction.—Any person subject to this Act who commits any of the following offences, that is to say,—
- (a) being concerned in any quarrel, affray, or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or
- (b) uses criminal force to, or assaults any person, whether subject to this Act or not, In whose custody he is lawfully placed, and whether he is or is not his superior officer; or
- (c) resists an escort whose duty it is to apprehend him or to have himin charge; or
- (d) breaks out of barracks, camp or quarters; or
- (e) neglects to obey any general, local or other order; or
- (f) impedes the provost-marshal or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a provost-marshal or any person lawfully acting on his behalf; or
- (g) uses criminal force to or assaults any person bringing provisions or supplies to the forces;
shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clauses (a) and (e) to two years, and in the case of the offences specified in the other clauses to ten years, or such less punishment as is in this Act mentioned.
43. Fraudulent enrolment.—Any person subject to this Act who commits any of the following offences, that is to say,—
- (a) without having obtained a regular discharge from the corps or department to which he belongs, or otherwise fulfilled the conditions enabling him to enrol or enter, enrols himself in, or enters the same or any other corps or department or any part of the naval or air forces of India or the Territorial Army; or
- (b) is concerned in the enrolment in any part of the Forces of any person when he knows or has reason to believe such person to be so circumstanced that by enrolling he commits an offence against this Act;
shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
