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Desertion.
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42.—(1) Every person subject to military law who commits any of the following offences, that is to say:—
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(a) The offence of deserting or attempting to desert any of the Forces; or
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(b) The offence of persuading, endeavouring to persuade, procuring or attempting to procure any person subject to military law to desert from any of the Forces; or
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(c) The offence of in any way assisting any person subject to military law to desert from any of the Forces,
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shall, on conviction by Court-Martial be liable to suffer—
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(i) If the offence is committed on active service, death or such less punishment as is in this Act mentioned, or
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(ii) If the offence is committed not on active service, penal servitude, or such less punishment as is in this Act mentioned.
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(2). When an offender has fraudulently enlisted once or oftener, he may, for the purpose of trial for the offence of desertion or attempting to desert the Forces, be deemed to belong to any one or more of the Corps to which he has been appointed or transferred as well as the Corps to which he properly belongs.
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