Defence Forces (Temporary Provisions) Act, 1923

Charges against a soldier which may be summarily dealt with.

80.—When a non-commissioned officer or private soldier is charged with any of the offences mentioned in this Section the charge may be summarily dealt with in the manner hereinafter provided.


(1) The offence of disobeying any lawful command or order given by a superior officer.

(2) Being concerned in any quarrel, affray or disorder, the offence of refusing to obey, striking, using, or offering violence to (a) any officer who lawfully orders him into arrest, (b) any person in whose custody he is lawfully placed.

(3) The offence of resisting any patrol, escort or police guard whose duty it is to apprehend him or have him in charge.

(4) The offence of breaking out of quarters.

(5) The offence of neglecting to obey any garrison or general or other orders being the offence mentioned in Section 41 of this Act.

(6) The offence of being absent without leave.

(7) The offence of failing to appear at the place of parade or mobilisation or post or position appointed by his superior officer or withdrawing from such place of parade or mobilisation post or position before he is relieved or without leave or otherwise unjustifiably.

(8) The offence of quitting the ranks without leave or otherwise unjustifiably.

(9) Being a private soldier, the offence of being drunk when on duty.

(10) The offence of being drunk when not on duty.

(11) The offence of losing by neglect, wilfully injuring, making away with, or being concerned in making away with (whether by way of gift, pawning, selling, destruction, or otherwise howsoever) any arms, ammunition, equipment, instruments, clothing, or other military property.

(12) The offence of making any false accusation against any other person subject to military law, knowing such accusation to be false.

(13) The offence of knowingly making any statement which, by reason of falsity or the suppression of material facts, is calculated seriously to injure or affect the character of any other person subject to military law.

(14) The offence of making any false statement to any military officer or District Justice in respect of leave of absence.

(15) The offence of travelling or attempting to travel on any train, tram, car or other vehicle without payment or tender of fare or without ticket, voucher or proper warrant.

(16) Having been discharged with ignominy from the Forces, the offence of re-enlisting without declaring the circumstances of his discharge.

(17) The offence of making a false answer to any question set forth in the attestation paper which has been put to him by, or by the direction of, the District Justice, Peace Commissioner or officer, before whom he appears for the purpose of being attested.

(18) The offence of being concerned in the enlistment for service in the Forces of any man, when he knows or has reasonable cause to believe such man to be so circumstanced that by enlisting he commits an offence against this Act.

(19) The offence of wilfully contravening any enactment or regulation in any matter relating to the enlistment or attestation of soldiers of the Forces.

(20) The offence of being guilty of any act, conduct, disorder or neglect to the prejudice of good order and military discipline.