Section 38 Arms Act, 1950

 Section 38 Arms Act, 1950: 

Desertion and aiding desertion.

(1) Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by

court- martial, if he commits the offence on active service or when under orders for active service, be

liable to suffer death or such less punishment as is in this Act mentioned; and if he commits the

offence under any other circumstances, be liable to suffer imprisonment for a term which may extend

to seven years or such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who, knowingly harbours any such deserter shall, on conviction by

court- martial, be liable to suffer imprisonment for a term which may extend to seven years or such

less punishment as is in this Act mentioned.

(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a

person subject to this Act, does not forthwith give notice to his own or some other superior officer, or

take any steps in his power to cause such person to be apprehended, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to two years or such less

punishment as is in this Act mentioned.


Supreme Court of India Important Judgments And Leading Case Law Related to Section 38 Arms Act, 1950:  Not Yet Available


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