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Disobedience to superior officer.
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38.—(1) Every person subject to military law who commits the following offence, that is to say:—
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The offence of disobeying in such a way as to show an intentional defiance of authority, any lawful command or order given personally by a superior officer, whether the same is given orally or otherwise,
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shall, on conviction by Court-Martial be liable to suffer—
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if an officer, and if the offence was committed on active service, imprisonment or such less punishment as is in this Act mentioned, or if an officer, and if the offence was committed not on active service, dismissal with ignomy or such less punishment as is in this Act mentioned; or
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if a soldier, and if the offence was committed on active service, imprisonment or such less punishment as in this Act mentioned, or if a soldier and if the offence was committed not on active service, detention or such less punishment as is in this Act mentioned.
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(2) Every person subject to military law who commits the following offence, that is to say:—
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The offence of disobeying any lawful command or order given by a superior officer,
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shall, on conviction by a Court-Martial be liable to suffer—
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(i.) If an officer, dismissal or such less punishment as is in this Act mentioned; or
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(ii.) If a soldier, detention or such less punishment as is in this Act mentioned.
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