Misconduct in action

(1) A person subject to military law commits an offence and is liable on conviction if, without lawful excuse, that person– (a) surrenders any place or thing to the enemy; or (b) abandons any place or thing which it is his or her duty to defend against the enemy or to prevent from falling into the hands of the (2) A person subject to military law commits an offence and is liable on conviction, if being in the presence or vicinity of the enemy, or being engaged in any action or operation against the enemy or under orders to be prepared for any action or operation by or against the enemy, he– (a) fails to use his or her utmost exertions to carry the lawful orders of his or her superior officers into execution; or (b) while on guard duty and posted or ordered to patrol, sleeps or, without having been regularly relieved, leaves any place where it is his or her duty to be; or (c) behaves in such a manner as to show cowardice, or induces any other person so to behave at a time when that other person, being a member of the Force or of a force cooperating therewith, is in the presence or vicinity of the enemy, or is engaged in any action or operation against the enemy or under 25 orders to be prepared for any action or operation by or against the enemy; or (d) uses words likely to cause despondency or unnecessary alarm. (3) A person commits an offence and is liable on conviction– (a) if the offence consisted of an act or omission falling within sub-section (1) or paragraph (a) of sub-section (2) and was committed with intent to assist the enemy, to suffer death or any less punishment provided by this Act; (b) in any other case, to imprisonment or any less punishment provided by this Act. (4) The reference in sub-section (2) (a), to superior officers shall be construed in accordance with section 38 (2).