Defence Act, 1954

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Capital offences by any person in relation to the enemy.

125.—Every person subject to military law—

(a) who treacherously deserts to the enemy, or

(b) who treacherously or without due authority sends a flag of truce to the enemy, or

(c) who treacherously or without due authority holds communication with or gives intelligence to the enemy, or

(d) who misbehaves or induces others to misbehave before the enemy in such a way as to show cowardice, or

(e) who assists the enemy with matériel, or

(f) who knowingly harbours or protects an enemy not being a prisoner, or

(g) who treacherously assists the enemy by giving a false identification or other signal or altering or interfering with any signal, or

(h) who improperly delays or treacherously or in a cowardly manner discourages any action against the enemy, or

(i) who, when ordered to carry out an operation of war, negligently or through other default fails to use his utmost exertion to carry the orders into effect, or

(j) who treacherously or unjustifiably abandons or delivers up any defence establishment, garrison, place, State ship, service aircraft, vehicle or animal, matériel, post or guard, or

(k) who knowingly does or omits to do anything that results in the capture by the enemy of persons or the capture or destruction by the enemy of matériel, or

(l) who treacherously assists the enemy in any way not specifically hereinbefore mentioned in this section, or

(m) who, while serving in a State ship involved in the convoying and protection of vessels,—

(i) fails to defend the vessels and goods under convoy, or

(ii) refuses to fight in defence of the vessels in his convoy if they are attacked, or

(iii) cowardly abandons or exposes the vessels in his convoy to hazards,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer death or any less punishment awardable by a court-martial.