Defence Forces (Temporary Provisions) Act, 1923

PART II.

CHAPTER I.

Discipline.

Offences.

Offences in relation to the enemy punishable with death.

32.—Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of unjustifiably surrendering, yielding or abandoning any garrison, guard, place, post or position which it was his duty to defend; or

(2) The offence of endeavouring in any way to persuade, induce or compel any person subject to military law to commit the offence specified in the foregoing clause; or

(3) The offence of treacherously or without due authority holding communication or correspondence with, or giving intelligence to the enemy; or

(4) The offence of misbehaving or inducing others to misbehave before the enemy in such a way as to show cowardice; or

(5) Having been made a prisoner of war the offence of voluntarily serving with or voluntarily aiding the enemy; or

(6) The offence of assisting the enemy with arms, ammunition or supplies; or

(7) The offence of treacherously assisting the enemy in any way not specifically hereinbefore mentioned in this Section; or

(8) The offence of knowingly when on active service doing any act calculated to imperil the success of, or endanger, any portion of the Forces; or

(9) The offence of attempting to commit any of the offences specified in sub-sections (3), (6) and (7) of this Section;

shall on conviction by Court-Martial be liable to suffer death or such less punishment as is in this Act mentioned.