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Offences punishable more severely on active service than at other times.
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34.—Every person subject to military law who commits any of the following offences, that is to say:—
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(1) The offence of looting or plundering, breaking into any house or place in search of loot or plunder, or leaving his superior officer to go in search of loot or plunder; or
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(2) The offence of leaving his guard, picket, patrol or post without orders from his superior officer; or
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(3) The offence of forcing, striking, or wilfully molesting any soldier acting as sentry; or
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(4) The offence of forcing any soldier or party of soldiers detailed for the protection of any person or property; or
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(5) Being a soldier while acting as sentry the offence of (a) sleeping or being drunk on his post, or (b) leaving his post before being regularly relieved;
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shall, on conviction by Court-Martial, if he commits any such offence on active service, be liable to suffer death or such less punishment as is in this Act mentioned and if he commits any such offence not on active service, be liable to suffer penal servitude or such less punishment as is in this Act mentioned.
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