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Section 38
Offense related to the enemy
: If any of the following acts are committed, it will be considered as an offense related to the enemy:-
(a) If he abandons the guard of any garrison, fort, outpost, place which he has taken charge of security, or surrenders it to the enemy by inhumanity, or induces or compels any commanding officer or any other person to do so,
(b) In the face of the enemy, in a shameful manner, throwing weapons, treasures, belongings or any other misbehavior which shows insolence, (c) If a rumor is spread with the intention of harassing or terrorizing a garrison, camp or platoon during war or military operations,
(d) If any person who has raised arms against the State of Nepal or an enemy, communicates correspondence or exchanges secret information or does any other act in a way that constitutes treason against the country,
(e) If you directly or indirectly help the enemy by giving them hand weapons, bullets, cash, etc. (f) If any act is done to defeat the Nepali Army or any force or part thereof,
(g) In case of treachery or disloyalty raising a flag of truce before the enemy,
(h) If he willingly co-operates with an enemy taken prisoner or assists the enemy,
(i) Knowingly harboring or protecting an enemy who is not a prisoner of war,
(j) If during a battle or terror he falls asleep at his post as a sentry or consumes any kind of drug or intoxicant,
(k) knowingly incites or compels any person within the jurisdiction of this Act to act against the enemy, to create obstruction, discouragement, (l) If, while engaged in military action, he walks away without obtaining leave from his commanding officer, or if he leaves his post, guard, picket, patrol or group without being duly reciprocated or without leave.