equipment of the State or any part or accessory thereof, shall be guilty of an offence and liable to imprisonment for a period not exceeding two years or any lesser punishment. Obstructing or refusing to assist arrest or custody of members 26. Any member who — (a ) resists; or (b ) wilfully obstructs; or (c) when called upon, refuses or neglects to assist; a member in the performance of any duty relating to the lawful arrest, custody or confinement of any other member shall be guilty of an offence and liable to imprisonment for a period not exceeding two years or any lesser punishment. Resisting arrest and escape from custody 27. Any member who — (a ) being ordered into arrest— (i) refuses to obey such order; or (ii) assaults the person ordering him into arrest; or (iii) resists the person whose duty it is to apprehend him; or (b ) assaults or resists any person in whose custody he has been placed; or (c) escapes from custody; or (d ) hinders or obstructs any person lawfully carrying out a search of his person, equipment, belongings or living quarters; shall be guilty of an offence and liable to imprisonment for a period not exceeding two years or any lesser punishment. Offences in relation to arrest and investigation of charges 28. (1) Any member who— (a ) without due or just cause, orders any member into arrest or custody; or (b ) unnecessarily detains a member in arrest or custody; or (c) fails, when it is his duty to do so, to release or effect the release of a member from arrest or custody; or (d ) unnecessarily delays the taking of those steps which are prescribed or which it is his duty to take for— (i) investigating the allegations against a member in arrest or custody; or (ii) having such allegations investigated by the appropriate authority; or (iii) having such allegations tried by court martial; or (e) having committed a member to the custody of any other member, fails to deliver to the latter within twenty -four hours of such committal a signed statement setting out the particulars of the offence the committed member is alleged to have perpetrated; or (f ) as guard commander, having had a member committed to his charge, fails, within twenty-four hours of such committal, to deliver to the appropriate officer — (i) a written report setting out as far as is known to him the committed member’s name, details of the alleged offence and the name, rank or particulars of the person charging such member; and (ii) if he has received it, the statement required by subparagraph (e); or (g ) assaults, ill-treats or uses unnecessary violence towards a member in custody; or (h ) fails to comply with subsection (6) of section eighteen; shall be guilty of an offence and liable to imprisonment for a period not exceeding two years or any lesser punishment. (2) In determining whether there has been unnecessary delay in the taking of any steps for the investigation of allegations against a member in arrest, regard shall not be had to subsection (2) of section twenty-one. Permitting escape and unlawful release of prisoners 29. (1) Any member who wilfully allows to escape any person who is committed to his charge or whom it is his duty to guard shall be guilty of an offence and liable to imprisonment or any lesser punishment. (2) Any member who— (a ) without proper authority, releases any person who is committed to his charge; or (b ) without reasonable excuse, allows to escape any person who is committed to his charge or whom it is his duty to guard; shall be guilty of an offence and liable to imprisonment for a period not exceeding two years or any lesser punishment. Making of false statements on attestation 30. Any person who, when being attested in the Defence Forces, knowingly gives a false answer to any question contained in the attest ation paper shall, if he is thereafter duly so attested, be guilty of an offence and liable to a fine not exceeding one hundred dollars or, in default of payment, to imprisonment for a period not exceeding three months or to any lesser punishment. Making of false documents 31. (1) In this paragraph— “military document” means a document relating to the Defence Forces or other Military Forces. (2) Any member who— (a ) makes, signs or makes an entry in any military document, being a military document or entry which is to his knowledge false in a material particular; or (b ) alters any military document or alters any entry in a military document, so that the military document or entry is to his knowledge false in a material particular; or (c) suppresses, defaces or makes away with any military document or entry which it is his duty to preserve or produce; or (d ) with intent to defraud, fails to make an entry in any military document; shall be guilty of an offence and liable to imprisonment for a period not exceeding two years or any lesser punishment. Offences in relation to false accusations or statement 32. Any member who — (a ) makes any accusation or statement against or concerning any other member which he knows to be false or does not know or believe to be true; or (b ) in making a complaint where he considers himself wronged, intentionally suppresses any material fact; shall be guilty of an offence and liable to imprisonment for a period not exceeding two years or any lesser punishment. Offences in relation to redress of wrongs 33. Any member who — (a ) when a complaint by another member has been made to him, unduly delays— (i) in redressing the wrong complained of; or (ii) in sending the complaint to higher authority in the prescribed manner; or (b ) complains to higher authority when it is his duty to direct his complaint to his commanding officer or other authority as prescribed; shall be guilty of an offence and liable to imprisonment for a period not exceeding two years or any lesser punishment.

Select target paragraph3

Add to table of contents