PART V.

Discipline.

Chapter I.

Liability to Military Law.

118. —(1) Each of the persons mentioned in this section shall, for the purposes of this Act, be a person subject to military law as an officer—

(a) an officer of the Permanent Defence Force at all times,

(b) an officer of the Reserve Defence Force when—

(i) he is ordered or employed on service or duty for which as an officer of the Reserve Defence Force he is liable, or

(ii) he is in uniform,

(c) an officer of the Reserve Defence Force (whether in receipt of pay or otherwise) during and in respect of a time when—

(i) he is, with his own consent, attached to or doing duty with any body of troops for the time being subject to military law or ordered on duty by the military authorities, or

(ii) he is voluntarily attending training, or

(iii) he is undergoing treatment in a military hospital,

(d) subject to any general or special exemption made by the Minister (the proof whereof shall lie on the person claiming exemption), any person not otherwise subject to military law who, under the general or special orders of the Minister, accompanies in an official capacity equivalent to that of an officer any portion of the Defence Forces which is on active service,

(e) any person not otherwise subject to military law, accompanying a portion of the Defence Forces which is on active service, who holds from the commanding officer of that portion a pass, revocable at the pleasure of such commanding officer, entitling him to be treated on the footing of an officer.

(2) For the purposes of this section and section 119, a portion of the Defence Forces shall be on active service—

(a) during a period during which an order under subsection (2) of section 5 is in force, or

(b) whenever that portion is engaged in operations against an enemy, or

(c) whenever that portion is engaged in military operations in a place wholly or mainly occupied by an enemy.

119. —Each of the persons mentioned in this section shall, for the purposes of this Act, be a person subject to military law as a man—

(a) a man of the Permanent Defence Force at all times,

(b) a reservist when—

(i) he is called out on permanent service or in aid of the civil power, or

(ii) he is called out for training, exercise or other duty under this Act, or

(iii) he is voluntarily attending training, or

(iv) he is undergoing treatment in a military hospital, or

(v) he is employed on military service under the orders of an officer, who is himself subject to military law, or

(vi) he is in uniform,

(c) subject to any general or special exemption made by the Minister (the proof whereof shall lie on the person claiming exemption), any person not otherwise subject to military law who is employed by or is in the service of any portion of the Defence Force which is on active service,

(d) any person, not otherwise subject to military law, who is a follower of or accompanies any portion of the Defence Forces which is on active service.

120. —(1) Where an offence against military law has been committed by any person while subject to military law, such person may, subject to subsection (2) of this section, be taken into and kept in service custody and tried and punished for such offence, although he or the unit to which he belongs has ceased to be subject to military law, in like manner as he might have been taken into and kept in service custody, tried or punished, if he or such unit had continued to be so subject.

(2) Where—

(a) an offence (other than that of mutiny, desertion or fraudulent enlistment) against military law has been committed by any person while subject to military law, and

(b) such person has since such commission ceased to be subject to military law,

such person shall not be tried for such offence unless his trial commences within three months after he ceased to be subject to military law, but nothing in this subsection shall be construed as affecting the jurisdiction of a civil court where the offence is triable by such court as well as by court-martial.

(3) Where a person subject to military law is sentenced by a court-martial to penal servitude, imprisonment or detention, this Act shall apply to him during the term of his sentence, notwithstanding that he is discharged or dismissed from the Defence Forces or has otherwise ceased to be subject to military law, and he may be kept, removed, imprisoned, made to undergo detention and punished accordingly as if he continued to be subject to military law.

121. —In the application of this Part to persons who do not belong to the Defence Forces, the following modifications shall be made—

(a) where an offence against military law has been committed by any person subject to military law who does not belong to the Defence Forces, such person may be tried by any class of court-martial convened by an officer authorised to convene such class of court-martial and on conviction dealt with and punished accordingly;

(b) any person subject to military law who does not belong to the Defence Forces shall, for the purpose of this Part, be deemed to be under the command of the prescribed officer, but such person shall not be liable to be dealt with summarily under Chapter IV of this Part.

122. —Any person subject to military law who commits any offence against military law may be tried and punished for such offence at any place within or without the State.

123. —(1) A person subject to military law shall not in pursuance of this Act be tried or punished for any offence (except mutiny, desertion or fraudulent enlistment) triable by court-martial after the expiration of three years from the date of the commission of the offence.

(2) This section shall not affect the jurisdiction of a civil court in the case of any offence triable by such court as well as by court-martial.