Defence Forces (Temporary Provisions) Act, 1923

Irregular arrest or confinement Escaping.

51.—Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of (a) unnecessarily detaining any person under arrest or in confinement without bringing him to trial; or (b) failing to bring the case of any such person before the proper authority for investigation; or

(2) Having delivered a person into the custody of an officer or non-commissioned officer, the offence of failing without reasonable cause to deliver forthwith, or as soon as possible, and in any case not later than twenty-four hours thereafter, to such officer or non-commissioned officer an account in writing signed by himself, of the offence of which the person so delivered into custody is charged; or,

(3) Being in command of a guard, and having taken or received a person into custody, the offence of failing upon being relieved from guard or duty and in any case within twenty-four hours of the time of taking or receiving such person into custody, to give in writing to the officer to whom he may be ordered to report, the name, and so far as is known to him, the offence of such person, together with the name and rank of the officer or other individual by whom such person was charged, and if he has received the same, the account in writing referred to in the foregoing clause; or

(4) Being in arrest or confinement, or otherwise in lawful custody, the offence of escaping or attempting to escape,

shall, on conviction by Court-Martial, be liable to suffer—

(a) If an officer, dismissal with ignominy or such less punishment as is in this Act mentioned; or

(b) If a soldier, imprisonment or such less punishment as is in this Act mentioned.