Armed Forces Act 1972 Part V — Service offences and punishments

s 38–s 156 · 123 sections

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s 38Aiding the enemy s 39Misconduct by commanders when in action s 40Misconduct by other persons in operations against the enemy s 41Communication with the enemy s 42Offences against morale s 43Becoming prisoner of war through disobedience or wilful neglect; and failure to rejoin forces s 44Offences by or in relation to sentries, etc.s 45Offences relating to supplies s 46Looting s 47Mutiny s 48Failure to suppress mutiny s 49Insubordinate behaviour s 50Disobedience to superior officer s 51Disobedience to standing orders s 52Obstruction of provost officers s 53Obstruction of police officer arresting a member of the armed forces s 54Desertion s 55Absence without leave s 56Assisting and concealing desertion and absence without leave s 57False statements in respect of leave s 58Failure to attend parades or to perform duties s 59Malingering s 60Drunkenness s 61Offences in relation to public and service property s 62Offences in relation to property of members of the armed forces s 63Miscellaneous offences relating to property s 64Irregular arrest and confinement s 65Permitting escape, and unlawful release of prisoners s 66Resistance to arrest s 67Escape from lawful custody s 68Loss or hazarding of ships or aircraft s 69Dangerous flying, etc.s 70Low flying s 71Annoyance by flying s 72Inaccurate certification s 73Prize offences by commanding officers s 74Other prize offences s 75Offences in relation to courts-martial s 76False evidence s 77Falsifying service documents s 78False accusations, etc.s 79Unauthorized disclosure of information s 80Attempting to commit suicide s 81Ill-treatment of officers or servicemen of inferior rank s 82Unlawful detention of pay s 83Disgraceful conduct s 84Improper carriage of goods s 85Scandalous conduct of officers s 86Attempts to commit offences against this Act s 87Conduct to the prejudice of service discipline s 88Civil offences s 89Punishment of officers s 90Punishment of servicemen s 91Provisions as to fines s 92Field punishment s 93Arrest s 94Provisions for avoiding delay after arrest s 94AChief Provost Marshal s 94BProvost Marshal and provost officers s 94CAppointment or authorization of other investigating officers s 94DValidation s 95Investigation of charges by commanding officers s 96Charges to be dealt with summarily or by court-martial s 97Further proceedings on charges against an appointed officer, servicemen and volunteers below the rank of warrant officer s 98Further proceedings on charges against commissioned officers and warrant officers s 99Dismissal of charges referred to higher authority s 100Confession of desertion by a serviceman s 101Officers who are to act as commanding officers and appropriate superior authority s 102Limitation of powers of summarily dealing with charges s 103Jurisdiction and powers of a court-martial s 104Convening Authorities s 105Constitution of courts-martial s 106Supplementary provisions as to constitution of courts-martial s 107Place for sittings of courts-martial and adjournment to other places s 108Challenges by an accused s 109Administration of oaths s 110Courts-martial to sit in open court s 111Dissolution of courts-martial s 112Decisions of courts-martial s 113Finding and sentence s 114Power to convict of offence other than that charged s 115Rules of evidence s 116Privilege of witness and others at courts-martial s 117Offences by civilians in relation to courts-martial s 118Affirmations s 119Rules of Procedure s 120Rules as to exercise of functions of judge advocate s 121Taking of offences into consideration s 122Confirmation of proceedings of courts-martial s 123Petition against findings or sentences s 124Revision of findings of courts-martial s 125Powers of confirming officers s 126Confirming officers s 127Approval as well as confirmation required for certain death sentences s 128Review of findings and sentences of courts-martial s 129Reconsideration of sentences of imprisonment and detention s 130Review of summary findings and awards s 131Provisions where accused found insane s 132Savings for functions of Judge Advocate General s 133Commencement of sentences s 134Duration of sentences of imprisonment and detention s 135Suspension of sentences s 136Execution of sentences of death s 137Imprisonment and Detention Rules s 138Special provisions as to civil prisons in Malaysia s 139Special provisions as to the carrying out or serving of sentences outside Malaysia otherwise than in service prisons or detention barracks s 140Country in which sentence of imprisonment or detention to be served s 141Temporary reception in civil custody of persons under arrest s 142Duties of superintendents of prisons and others to receive prisoners s 143Trial and punishment of offences under service law notwithstanding offender ceasing to be subject to service law s 144Limitation of time for trial of offences under service law s 145Jurisdiction of civil courts s 146Persons not to be tried under this Act for offences already disposed of s 147Boards of inquiry s 148Inquiries into absence s 149Restitution or compensation for theft, etc.s 150Appointment of Judge Advocate General s 151Appointment of judge advocates s 152Promulgation s 153Custody of proceedings of courts-martial and right of accused to a copy thereof s 154Indemnity for prisons officers, etc.s 155Power of Armed Forces Council to make regulations under this Part s 156Interpretation

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Text as at 15 July 2022 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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