Section 40
Enemy-related Other Offences
The commission of any of the following acts shall be deemed to be an enemy related offence:
(a) To become a prisoner of an enemy failing to remain alert with due care in advance or failing to obey the orders or due to being negligent to the duties; or not to get back even though there were a possibility to get back after being the prisoner of the enemy,
(b) To engage oneself in correspondence or exchange intelligence in any manner with the enemy without an appropriate authority, or not to knowingly report immediately to a commanding officer or other
superior officer the information in relation to such activities, or (c) To raise a cease-fire flag without an appropriate authority.
(a) To become a prisoner of an enemy failing to remain alert with due care in advance or failing to obey the orders or due to being negligent to the duties; or not to get back even though there were a possibility to get back after being the prisoner of the enemy,
(b) To engage oneself in correspondence or exchange intelligence in any manner with the enemy without an appropriate authority, or not to knowingly report immediately to a commanding officer or other
superior officer the information in relation to such activities, or (c) To raise a cease-fire flag without an appropriate authority.
Army Act, 2063 (2006
Chapter - 4
Section 12: Appointment And Fulfillment Of VacancySection 13: Ineligibility (disqualifications)Section 14: Appointing AuthoritySection 15: CommissionSection 16: OathSection 17: Tenure Of OfficeSection 18: Removing From The Service And Demotion From The RankSection 19: Restriction On Establishing And Operating Organization OrassociationSection 20: Training And InductionSection 21: Promotion, Leave And Other Terms And Conditions Of Services
Chapter - 5
Section 22: Protecting The Acts Performed During The Discharge Of DutiesSection 23: Immunity From ArrestSection 24: Not To Freeze Or ForfeitSection 25: Immunity And Privilege Of The Reserve ForceSection 26: Priority In The CasesSection 27: Complaint Regarding Any Sufferings Or InjusticeSection 28: No Effect On Facilities Entitled In Accordance With Existing Laws
Chapter - 6
Section 29: Establishment And Operation Of Welfare FundSection 30: Patron Of The Welfare FundSection 31: Functions, Duties And Powers Of The CommitteeSection 32: Account Of Fund And AuditSection 33: Submission Of Annual ReportSection 34: Delegation Of PowersSection 35: Situations For Depriving From Facilities And ConcessionsSection 36: Other Arrangements
Chapter - 7
Section 37: To Be Deemed To Have Committed An OffenceSection 38: Enemy Related OffencesSection 39: MutinySection 40: Enemy-related Other OffencesSection 41: Offences Against Military OperationSection 42: Desertion-related OffencesSection 43: Offence Of Allowing Someone In Custody To EscapeSection 44: Offence Relating To Assault Or IntimidationSection 45: Defiance Related OffenceSection 46: Offences Related To Loss Or Damage To PropertySection 47: Offences Relating To Forgery Or Falsifying ParticularsSection 48: Offence Related To Obstruction Or Use Of Criminal ForceSection 49: Offence Against PropertySection 50: Offences Regarding Cheating Or CoercionSection 51: Offences Of Desertion With Arms And Other Things Or Their MisuseSection 52: Offence Against Discipline And Code Of ConductSection 53: Offences Related To Certification Of Incomplete DocumentSection 54: Offence Related To False Statements Or DetailsSection 55: Offence Of Taking Appointment By Means Of LyingSection 56: Offence Of Escaping From CustodySection 57: Offences Of False AllegationSection 58: Offences Of Absence Without LeaveSection 59: Offences Related To Court MartialSection 60: Offence Of Freezing Salary IllegallySection 61: Offence Related To Irregular (illegal) Arrest Or DetentionSection 62: Special Provisions Relating To Offences Of Corruption, Theft, Tortureand DisappearanceSection 63: Miscellaneous OffencesSection 64: AttemptSection 65: InducementSection 66: Offences Under Other Laws
Chapter - 8
Section 67: Formation Of Court MartialSection 68: Jurisdiction Of Court MartialSection 69: Decision To Proceed A Case In Court Martial Or Other CourtSection 70: Save From Double JeopardySection 71: Limitation To File A CaseSection 72: Liable To ProsecutionSection 73: Authority To Convene Court Martial
Chapter - 10
Section 79: Duty Station And Bench Of Court MartialSection 80: Chairperson Of Court MartialSection 81: Presence Of Judge Advocate General (prad Viwak)Section 82: Objection May Be RaisedSection 83: OathSection 84: Procedures For Decision MakingSection 85: Taking Judicial NoticeSection 86: SummoningSection 87: Sealed Questionnaire (banda Sawal)Section 88: Presumption Of SignatureSection 89: Documents Admissible As An EvidenceSection 90: Requesting Information From Governmental AuthoritiesSection 91: Previous Penalty And Character As An EvidenceSection 92: Provisions Of Evidence Act, 2031 (1974) To Be ApplicableSection 93: Defence Of Mentally Abnormal AccusedSection 94: Trial Of A Mentally Abnormal AccusedSection 95: A Mentally Abnormal Accused May Be ReleasedSection 96: A Mentally Abnormal Accused May Be Handed Over To Thesuccessor Or GuardianSection 97: Auction And Management Of Materials Relevant To An OffenceSection 98: Recognitions Of The Actions Of Court MartialSection 99: Postponement And Dissolution Of Court MartialSection 100: Forwarding Files
Chapter - 11
Section 101: Penalties Which May Be Imposed By Court MartialSection 102: Addition Or Reduction Of PenaltySection 103: A Person Accused Of An Offence May Be Convicted Of OtheroffencesSection 104: Battlefield PenaltySection 105: Departmental ActionSection 106: Limit On Departmental ActionSection 107: Collective Fine
Chapter - 12
Section 108: Approval Of The Decision Of Penalty Of General Court MartialSection 109: Approval Of The Decision Or Penalty Of Summary General CourtmartialSection 110: Approval Of The Decision Of The District Court MartialSection 111: Procedures Applicable In The Approval Of A CaseSection 112: Conditions May Be Laid DownSection 113: Reduction Of PenaltySection 114: Rehearing (revision) Of Decision Or PenaltySection 115: Decision Or Penalty Of Summary Court MartialSection 116: Alteration Of Decision Or PenaltiesSection 117: Non-recognition Of Decision Or ApprovalSection 118: Reviewing Order Of Departmental ActionSection 119: Appeal Against The Decision Or Order Of Court Martial
Chapter - 13
Section 120: Calculation Of The Period Of ImprisonmentSection 121: Executing The Penalty Of ImprisonmentSection 122: Period To Be Considered As Prisoner Of WarSection 123: Reduction In Salaries And AllowancesSection 124: Calculation Of Period Of Absence Without Leave Or CustodySection 125: Salary And Allowances During TrialSection 126: Limits Of ReductionSection 127: Reduction From Amounts Other Than Provident Fund And PensionSection 128: Reimbursement As If The Governmental DuesSection 129: Salary And Allowances Of A Person Of War During The Inquiry OnconductSection 130: Reductions May Be ExemptedSection 131: Arrangement For The Dependants Of Prisoners Of War From Themoney So ExemptedSection 132: Execution Of Penalties During The Stay Outside Of Nepal
Chapter - 14
Section 133: Control And Responsibility On Arms, Ammunition And Military EquipmentSection 134: Salary And Benefits To The Chief Of Army StaffSection 135: Declaration Of Engaged In Military OperationSection 136: Military PrisonSection 137: Applicability Of This Act To Any Other ForceSection 138: Officer Who Exercises Powers In A Special CircumstanceSection 139: Classification And InclusionSection 140: Commission Of Inquiry May Be FormedSection 141: Delegation Of AuthoritySection 142: Instruction May Be IssuedSection 143: Powers To Frame RulesSection 144: Repeal And SavingSection 145: Modifications