Defence Act, 1954

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Liability to military law in respect of status.

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.