Section 40
Misconduct by other persons in operations against the enemy
ActIn forceProvision 51 of 237
Section 40
Every person subject to service law under this Act who not being in command of any unit, ship, aircraft, defence establishment, or other element of the armed forces—
Armed Forces 49
(a)
improperly delays or discourages any action against the enemy;
(b)
when ordered to carry out an operation of war, fails to use his utmost exertion to carry out the orders into effect;
(c)
throws away his arms, ammunition or tools in the presence of the enemy;
(d)
leaves his post in the presence of the enemy; or
(e)
behaves before the enemy in such manner as to show cowardice, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.