Section 39
Misconduct by commanders when in action
Every officer subject to service law under this Act who, being in command of a unit, ship, aircraft, defence establishment or other element of the armed forces—
(a)
when under orders to carry out an operation of war or on coming into contact with the enemy that it is his duty to engage, fails to use his utmost exertion to bring the officers and servicemen under his command or his unit, ship, aircraft or other element into action;
(b)
being in action, does not, during the action, in his own person and according to his rank, encourage the officers and servicemen under his command to fight courageously;
(c)
being in action, improperly withdraws from the action; or
(d)
improperly fails to pursue the enemy or to consolidate any position gained, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.