Section 11. The following Articles of War shall, from the day appointed for them of

11. The following Articles of War shall, from the day appointed for them of the fol. to come into operation, be the Articles of War for the lowing AI ticles. government of the Native Officers and Soldiers in the Military Service of ITer Majesty, and for the Administration of Justice by Courts Martial to be holden on such Officers and Soldiers. Provided that all crimes and offences committed against the Articles of Proviso. War contained in any Act repealed by this Act may be enquired into and punished in like-manner as if they had been committed against the Articles of War contained in this Act ; and that every Warrant for holding any Court Martid !,::oderth_e Articles of War provided by any Act repealed by this Act shall remain in full force notwithstanding the repeal of such Act, and that no proceedings of a Court Martial upon any trial begun under any Articles so repealed shall be discontinued owing to the repeal of the same, but that every such trial shall proceed and be completed in the, same manner as if this Act had not been passed. ARTICLES `OF` WAR, CHAPTER `I.` `Of` Enlisting and DiscAaryes,' ARITICLE 1. Every 'Recruit, prior to being enrolled in any Regiment or Corps, shd$ have the 5th, Gth, 7th, and 8th, and 48th of these Enlisting. Articles of War read and explained to him. When reported fit for duty in the ranlis, any usual declaration or charge shall be made tr, him `by` t,h" OSicer Commanding, in front of the Regiment or Corps, in pyesence of the Officers and Soldiers ; and the ltecruit shall then, in fi-ont of the ;yuns or colors, or, if attached to the Corps of Sappers and * Miners, in front ACT xo. XXIX OF 1861. front of such portion of the Corps as shall be present, make the subjoined affirruation : '< I, , solen~nly affirm in the presence of Alnzighty God, that I mill be faithful to Her Mzjesty the Queen, and will go wl~erever I am ordered by laud or sea, and will obey all commands of the Officers set over me, and will defend these guns (or colors) wit11 my life." I11 the case of a Sapper and Miner, the words "and defend these guns (or colors) with my life," shall be omitted. KO Commissioned Officer shall be d?smirsrd, except by the sentence of Dismissal and disa General Court Martial ; but the Governor-General of charge. India in Council, or the Governor in Council, or the Commander-in-Chief of the Presidency to which a Cornmissioned Officer belongs, shall have power to order his discharge. Every such dismissal or discharge of a, Comrsissioned Officer shall involve forfeiture of au claim to pension. a ARTICLE a A Non-Commissioned Oflioer or Soldier shall be liable ta dismissal or Dismissal and disdischarge by order of the Governok-General of India in charge. Council, or of the Goveraor in Coyncil, ~r the Comwandcrin-Chief of the Presidency to which he belongs. The Commanding Officer of a Regiment or Corps shall have power to dismiss or discharge any Soldier below the rank of a Disoharge and redye- tion `by` Cornmand~ng Non-Commissioned Officer ; and to dismiss, discharge, QfEcer. or reduce to the ranks any Non-Cornqissiqned Officer belonging t o such Regiment or Corps. Every such dismissal or discharge sh911 involve forfeiture of claim to pension. No Xon-Commissioned Officer sl~all be reduced to the ranks for any stated : Ijroviao as tp reducperiod ; nor suspended from his rank ; nor reduced from tion and suspens~on. a higher to lower grade of Nan-Comrnissionec Officer. - , ACT No. XXIX 03 1861. Every Non-Commissioned Officer or Soldier discharged the service shall Certificate of diebe furnished by the Commanding Officer of the Itegicharge. ment or Corps to which he beloriged with a discharge Cert,ificate in the Vernacular language of such 'Non-Commissioned Officer or Soldier. Such Certificate shall express the autl~uritp for, r(r11.1 cause of, the di~chrirge, and Che period o f the entiye service in tlte Army of such NonCommissioned O6cer or Soldier, arid shall bc accornpaniect with an E~lglisL translation. ARTICLE 4. N o Non-Commissioned Officer or Soldier, until he shall hare received his discharge from the Regiment or Corps to which he Re-enlisting belongs, shall eclist i n any other Reziment - or Corps; and any Non-Commissioned Officer or Soldier who shall so enlist, shall be considered a deserter, and shall suffer punishment accordingly. Any Eon-Commissioned Officer or Soldier who shall have been dismissed or discharged from any Regiment or Corps, and shall enlist in any other Regiment or Corps, without at the time of such enlistment stating the fact of his dismissal or discharge, or showing his discharge certificate, may be dismissed the service by the Officer Commanding the Regiment or Corps in which he has enlisted. CHAPTER TI. -- Crimes and YunisAments. -- ~rimes pun:ishnble by, General Cou~t Ada?:tial. AR.TICLE 5. Any Officcr 'or Soldier- ~~~1~ beginj :excite, caaae, 0:. jein ill -any .mut,ing or sedition in the Begiment ,or Corps.to which he belul~gs, .ordin any other Xlutiny zcrl sedition. ,l+egirnent or Corps, on any prettcncc r~hatever; or who, being `ACT` Nv. XXIX `OF` 186%; being present at any mutiny or sedition, ahall nol use his utrnast endeavours to suppress the same ; or who, coming to the knowledge of any mutiny, intended mutiny, or combination against the State, shall not give immediate information thereof to his Commanding Officer ;- or ' Who shall strike his Superior OfEer, or shall draw or offer to draw, or Striking Superior `Of-`[lift up any weapon, or ][use ][or ][offer ][any ][violence against ] I ~ C R T , kc. him, whether on or off duty, and under any circumstances in which liis Superior Officer may be distinguishable as such in any manner ;-or Diobeyiag Superior Officer. Who shall disobey any lawful command of his `Su-` perior Officer ;-or Who shall desert from Her Majesty's Service, whether he shall havc re-enlisted or not ;-or Who, being - a sentry, in time of war or alarm, shall sleep upon his post ; or shall quit his post without beilly regularly relieved, 0,. Sentry `in` time o f war or alarm, slccping upou or withnilt lcuve ; ur shall plunder or injure the property duuilrbiag his post, kc. placed under his charge ;- or Who shall shamefully abandon or deliver up my ,Gai*rison, Fortress; Post, or Guard, committed to his cha,rge, or n71aich. it was his Abandoning Garrison, duty to defend; or who shall nse nlenrls to induce any her Officer or Soldier so to abandola or deliver `up` ally such Gar~ison,' ortress, Post, or Guard ;------or )Thu I!. `M T` No. XXIX `OF 18'61.` ' Who shall tceacherously make known the watchword to any person Making klloru watchnot entitled to receive it according to the rules and word. discipline of war ;-or 'who shall, directly or indirectly, hold correspondence with or communicate Communicating with the intelligence t.0 the enemy, or to any person in, arms etlemy. against the State, or who, coming to, the knowledge of such correspnnclence or communication, shall omit to discover it immediately to his Commanding Officer ;-or Who shall, directly or indirectly, assist or relieve the enemy, or any Assisting or protecting[person ][in ][arms ][against ][the State, with money, ][victuals, ] enemies. or ammunition, or in any other way ; or shall knowingly harbour or protect any enemy or person in arms against the State ;-or Who shall treacherously release, wilfully aid, or connive at the escape of any enemy or person in arms against the State, placed Releasing or conniving at the escape of an enemy. as a prisoner under his charge ;- or Who sha.11, in the presence of an enemy or any perscin in arms against &Iisbehaviour before the whom it is his duty to act, misbehave or use means to enemy. ir~duce any other person so to misbehave ;-or tTPlio shall, in presence of an enemy, or of any person in aims against Caqti11.g away arm&, kc., \vhom it is his duty to act, shamefully cast away his `i:1` peccncc of an onemy. :iy1lls Allll131111(ti oil ;-----o:' AI:TICX,I; 17. , . ACT No. XXIX `OF` 1861. ARTICLE 17. Who shall, in time of action, leave his Commandpost, &., in on, for search ing Officer, or his Post, :OF Colors, or Party, to go in search of plunder ;- ) shall, in time of war, do-violence to any person bringing provisioas ,violence in other necessaries to. the Camp or Quarters of the `v` tp. person lrovlslons to Force with which he is se,rving ; or shall force a safeguard ; 'or shall break into any house or other place for or shall plunder an ARTICLE 19. -.., . . . 1 shall, in time of war, by discharging any fire-arms, drawing a ,rm in time sword, beating a drum, making any signal, using any word, or by any means whatever, intentionally occa,sion arm in action, camp, garrison, or quarters ; - or .ARTICLE 20. ==> picture [22 x 8] intentionally omitted <== 3 shall, without proper authority, release any State prisoner, or shall, through carelessness, or neglect, suffer any such prisoner or conniving ,r State prito escape ; or dhall connive at the plunder or injury of any property in time of war, or the plunder or injury aasure, or of any magazine or dock-yard, by the sentry or guard in arge such property, treasure, magazine, or dock-yard is placed ;- or ARTICLE 21, 3 " 3, beibg a sentry placed over any State prisoner, or over any treaquitting his sure, or over any magazine or dock-yard, shall quit his 8 post without being regularly relieved, > or without J leave, I or . a f t, 0 or ~11'1 sleep upon his post ; or sh$l piunder or injure any placed under his charge ;- Shall, on conviction - If an Officer, suffer death ; or transportation for life, or for a period not Punishment, if an less than seven years; or such other punishment as a ~ f f i c e ~ . General Caul-t Martial is by these Articles empowered If a Soldier, sufl'er death; or tr&nsportation for life, or for a period Punishment,ifaSoldier. not less than seven years; or imprisonment, with or without hard labor, for a period which may extend to fourteen years, and may be with or without solitary confinement ; or such other punishment as a Genera1 Court Martial is by these Articles empowered to award. Embezzlement, punishable by General Covrt Martial. Who shdl emnbz~le or fraudulently mkapply any money entrusted to him on the Publip account, or for any Military. purpbse ; or Embezzlement. any proyisionsj forage, arms, clothing, ammunition, or . Military stores, of whatever kind or desciiption, the property of Government, . - entrusted to his charge ; 01' shall be concerned in or connive at any s~lch embezzlement or fraudulent misapgiication ;-or * 1~110 shall rvilfully injure any property of .Governpent entrusted to lrim wilfu,inj ury,,,,,, in on the Public accouot, or fgr ally Military purposr, or Govclmllent llrol)ertY. shall suffer such property to -Be injured ;- I r ( ACT No, XXIX `6~` 1862. Shall, on conviction before a General Court Uartial, be dismissed the service, and fined to the extent of his arrears of pay and Pu~iisllment. allowances ; and be further liable to suffer imprisonrnent with or without hard labor for a term which may extend to three years, and may be vith or without solitary confinement. Crimes punisfiable by General or other Cburts Martial, with any sentence which, `63` these Articles of War, any Geneva2 or other Court Martial respectively is empowered to award. - Any Officer- Who shall behave in a manner unbecoming the character of an Officer officers misbehaving (the fact or facts whereon the charge is grounded being themselves. clearly specified therein) ;-or Any Officer or Soldier- Who shall, in any operation in the field, spread any report, by[any word ][. ] Spreading reports Gal. or letter calculated to create unnecessary alarm in the "latea createalarms troops, or in the vicinity, or in rear of the army ;-or ARTICLE `25.` Using words tending Who shall, in 'action or previously to going into `to` create alarm. action, use any word tending to create alvm or despondency ;- or Who shall be drunk when on or for Duty, or on I?as:~clc, or on the Liuc of xiarch ;------or `e` ACT No. XXIX OF 1861. Who shall strike: or force any sentry ;----or . - Striking a Sentry. Who shall advise or persuade any other Officer or Soldier to desert, or *d,.ising or persaadwho shall connive at such desertion ; or who shall ing desertion, &. knowingly receive and entertain any deserter, or who knowing of any other Officer or Soldier having deserted, or knowing of any deserter having been received or entertained by any other Officer or Soldier, shall not immediately give notice to his own Superior Officer, or do his best to cause such deserter to be apprehended by the Civil power ; - or `s` Who shall obtain, or attempt to obtain for himself, or for ally other Obtaining pellsion `by`[Officer or Soldier, or for any other person whatsoever, ] false statement. any pension or allowance, by any fabe statement, certificate, or document, or by the omission of any true st.aternent, certificate, or document ;-or Who shall knowingly make a false return or report to any Officer autho- &king false return to[rized to call for a return or report ] `[of ]`[the state of the ] Superior nfficer. men under hie command, or of any arms, ammunition, clothing, or other stores belonging to such men, or of which he has charge ; ARTICLE: 31. I{%o, at any post;, or 06 the..,march, slfall unla~~fully extort m y money or property of any clescril~tion as a fee or dnty, or on any Extortion. , pretei~'~e \<lj~tever,; or sllall, witbout aut1iority;exact from any villager: or any outer person; any carnage, porterage, :. nr pro~is~ons . . e 1% k'kr:~~c;,;: 32. < ; I ACT NO. xxax OF 186~. Who shall wantonly and intentionally defile any place dedicated to religiDefiling. place of religiOUS worship, or shall wantonly and intentionally insult ous mors~~ll~. the religious prejudices of any person ; - or Who, being under arrest or in confinement, shall leave his arrest or Brealcing arrest or conconfinement before he is set at liberty by proper finernent. authority ;- or W ~ Q shall, without orders, commit any waste, or spoil, Comlnitting waste, &c. or plunder, or shall injure or destroy any property ; ----- or Enlisting a deserter. m7ho shall knowingly enlist a deserter, or connive at his enlistrneiit ;-or Who, directly or indirectly, shall require or accept a bribe, present, or Demanding acceptgratification, on the pretence of, or as a consideration ing bribes. for, procuring leave of absence, promotion, or any other advantage or indulgence for any Officer or Soldier ;----or TTTho, being In command of any post, or on the march, shall not, on Those in cornmal~d of cornplaiilt made to him of any one under his cornmmd post, Bc., not seeing reparatioll done lo jlljured par-[beating or otherwise ill-treating any person, or extorting ] ties, kc. fro111 such person more than he is obliged to furnish, or disturbing Lznp fair or market, or colnuiitting any !:i:~d of riot,, see rep~ra~ion done to the person injured ; 01.) if that be impracticable, repo1.t thc same to his Superior Ollicer ; -- --or Anz.rcr,ri 38. ACT No. XXIX `OF` 1861. Who, being in command of a guard, shall refuse to receive any prisoner duly committed to his charge ; or shall, without proper Those in command of g u a ~ d refusing to receive authority, release any prisoner ; or shall suffer, through prisoners, &c. carelessness or neglect, any prisoner to escape ; -- or Who, in time of peace, shall quit his guard or picquet without being regularly relieved or without leave ;-or Quitting guard or picqnet in time of peace. ARTICLE 40. Who shall impode a ProvosC Marshal or an Assistant of a Provost Marshal, or any person lawfully exercising authority ; Impeding Provost Marshal, S ~ C . or refuse when called upon to assist him when requiring his aid in the execution of his duty ; - or Who, being - on leave of absence, and having received information from Those on leave of ab-[the ][Commanding Officer of his Regiment or Corps, or ] sence neglecting to rejoin their Regiment when orfrom other proper authority, that his Regiment or Corps deredon service. has been ordered on service, shall not rejoip without delay ;- or ARTICLE 42. IT110 shall, in time of peace, by discharging any fire-arms, drawing a * False alarm in camp in[sword, beating a drum, or by any other means whatever, ] time of peace. intentionally occasion a false alarm in camp, garrison, or cantonment ;-- or Failure to attend paWho shall, :~it!:cut sufficient cause, hi! to isepgr, at radc, &c. the fixed, to the parade, or place ~q~pointed for exercise or duty ;- - --- --or A nTrcx,K 44, ACT No. SIXIX `OF' 1861.` Quitting company or w h o shall, without urgent necessity, or without parade vnthout leave. imve of ,his .Superior Officer, quit big company, or troop, or the parade ;- or Who shall absent Ilirnself without leave; `or` shall, without sufficient Absence without leave, cause, overstay the period for which leave may have been .!LC. granted him ;- or Any Officer or Non-Co~missionedOfficer- Who shall strike or otherwise ill-treat any Soldier; - or Striking or ill-treating a Soldier. ARTICLE 47. Any Soldier- W h o shail be grossly insubordinate or insolent to Insubordination. his Superior Officer in the execution of his office ;-or Aaarc~s, 48. R Who shall refuse to assist in the making of any field work, or Refusal `to` assistin mak- other Military work of any description ordered to be in^ Or %her works. made, either in quarters or in the field ;-or Vho, when off duty, shall, contrary to orders, appear in or about camp Going armed contmry `cvl.` 'cantonhents, or'on occasion of going to or returning to orders. from, or in oi. ahout any tori1 or bazar, carrying a sword bludgeon, or other weapon ;-----or IS Article 50. AGT No. .XSIX OF 186.1. Who shall sell, pawn, or designedly or thi;dugh neglect lose or injure - his horse, arms, clothes, accoutrements, or Regimental Pawning, losing, or injuring horse, arms, necessaries ; or any such articles entrusted or belonging accoutrements, kc. to any otiier Soldier ; or \vho sl~all make away with or pawn any medal or decoration granted to `him` by order of Her Majesty or of the East India Company, or by order of the Government, for service in the 6eld or for general good conduct ;-or Who, being a Sentry, in time of peace, shall sleep Sentry in time of peace sleeping upon post, upon his post; or shall leave it before being regularly kc. relieved or without leave ;- or Soldier ftund 2 nliies from camp contrary to orders. Who, contrary to orders, shall be found 2 miles from the camp ; - o r Absence from cantonment, kc. Who, contrary to orders, shall be absent from his cantonment 'after- tattoo, or from camp after retreat beating ;-or " ARTICLE `54.` JVho shall sell, lose, or designed!y, or through neglect, waste any ammunition delivered out to him ;-- `L .` Selling. losing, or wastiug ammunition. Sllall: on convihtion before `s` General or ~ t h e r Court Martial, be sentenced to suffer c;uch punishment as such Court MarPunis!lmeat. tial is by tllesc Articles empowered to award. d)isy,.ccr,@ut7_ I ACT No. XX.EX `OF` 1861. i ~isy~ucfful &ofirkit ; p!ihis8ub~e `4y` General or Dishict . Court Mo~.tia$, with C G ~ O T ~ pz~nishmeat, or ~ ~ ~ ~ p ~ i s o n r n e n t with or without hard ZaCor and solitary cun$~~enzent, and `i76` addikon with firfeitu~c `of` additional aad of Pnrsioir on Disc&<arye, and Stoppayes, of ~Von-co~~znzissionedssoed O$ce~s and Soldiers. ARTICLE 55. Any Soldier who shall be guilty o f disgraceful conduct :- Disgraceful conduct,. In wilfully mainling or injuring himself, or any other Soldier at the instance of such soldier, with intent to render himself Wilfullj maiming or juring himself or or such other Soldier unfit for the service, or wit11 intent lother Soldier. to take his own life ;--or A R ~ C L E 56. I n malingering, feigning, or intentiogally producing any disease or in. firmity ; or intentionally delaying his cure ; or intention&lingering, &ct ally aggravating his disease dr infirmity ;-or ARTICLE 57. - . . . . . . , . . . . Stealing or selling GO- I n purloining or selling m y Gov.ernment stores ; :rnmeut stores. -- or . . ARTICLE 58. `D` . . . . In stealing any money or goods, the property of any Officer or Soldier, . ~ of or `Q` `-4.` , any Military Mess, or of any person belonging soldi'ers sud others. Stes,ing to or serving with or attached to the Army ;---or . . ARTICLE 59. . . . ' ' I n plundering or injuring any property placebu~der Pluilderiug pro,ierty unley his 'Lha@e .as sentry, his-chairge as sentry, or in charge of his guard, or in conkc. niving a t the plunder or injury of any such properti . . ; . . 3 Li-(jl' ' .. I , A ~ T I C L E 60. - I I i `ACT` No. XXIX `OF 1N1,` Officer shall thereupon publish such sentence by affixing a copy thereof in the village or place, or otherwise as may be usual in the locality. Crimes incideit to C o u ~ t s Martial, punisI~udZe by General or other Court Jlartial according lo the nature and deg~ee of tlze ofence. Any person amenable to these Articles of War, who shall, when duly Refusal of a person sumn~oned to attend as a witness before a Court Martial, amenable to *rti(:les War to attend Court of neglect to ahtend, or shall refuse to be sworn, or to make Nartiai or LO be sworn, affirmation, or to answer any question, or who shaii &c. instigate any other person so to offend ; Shall, on conviction, be sentenced by the same, or another Court Martial, to such punishment as any such Court Martial is by these Articles empowered to award. Any person not amenable to these Articles of War, who shall, when Refusal of a person duly surnlnoned to attend as a witness before a Court not.amenaMe to Articles Nartial, refuse or neglect to attend ; or shdll refuse t o of Wm to attend Court Martial, or to be sworn, be sworn, ox to make affirmation, or to answer any &c. qmestion ; or w h ~ shall, when he has been duly sworn, or has solemnly affirmed that he will speak the truth, make any statement which is false, and which he either knows or believes to be false, or does not believe to be true; or who shall illstigate any other person so to offend; Shall be delivered over to a Magistrate, who shall proceed against the offender in the same manner as if the ofleuce had been corrlmitted before a Criminal Court. 65. -!RTICLE --- Any person using any menacing or disrespectful word: sign, ar gestnre: in the -presence of a Court 15artial then :sitting; or causContempt of Court. in;; `::np` disorder or riot so as to disturb the procecd- `E` ings 0 ACT KO. XXIX OF 1861. ings of such Court Martial ; or being grossly insubordinate or violent in the presence of a Court Martial ; Shall, if amenable to these Articles of War, be punished, according to the condition of the offender ancI the nature and degree of his offbnce, by the sentence of the same or another Court Martial; and if not amenable to these Articles of War, be delivered over to a Magistrate, who shall proceed against the offender in the same manner as if the offence had been committed before a Criminal Court. The ofence of giving' false evideficc, psaissahle `by` G m a o l or District `Court` -Martial, with dismissal at?,d,ftne o?. iny~i.son.mr!nt~ Any Officer or Soldier- Who shall give false evidence as defined in Article 64 before any General or other Court Rlaitial, or any Military Court entitled to Perjury. take evidence on oath or affirmation ; or who shall instigate any other person so to offend ; Shall, on conviction before a General, District, or Garrison Court Martial, be dismissed the service ; and shall further be sentenced to forfeit any arrears of pay and allowances due at the time of his dismissal, and may be sentenced to iri-rprisonment with or without hard labor for a term which may extend to three years. When the Officer Commanding a Regiment or Cqrps considers that crimes admittillg of any Soldier under his command, who is charged wit11 less serious notice. any offence declared by the foregoing Articles to be triable by a Dist~ict or Garrison 'court Martial, should be tried by a Regimental Court Martial, he may order :lie offender to be ~ ~ 1 - d by s"":~ Court Martial, and sllall report the case to the Officer Co~nmaanding the Division, stating the reason, for sucla order, l\Tllcm? ACT No. XXIX OF 1861. When the Officer Con~manding a Regiment or Corps considers that any Soldier under his Command, who is charged with any offence declared by Ghe foregoing Articles to be triable by a General Court Martial, should be tried by a District or Garrison or Regimental Court Martial, suclz Commanding Officer may lay a statement, of the case before the General or other Officer having authority to convene Geueral Courts Martial, under whose con~mand the offender may be serving, with an application for permission to_try the offender by District or Gar-rison or Regimental Court Martial, and such General or other Officer shall comply with or refuse such apl~lication at his discretion. The order of such General or other Officer, when the application is complied with, shall be entered upon the proceedings a t the trial of such offender. Provided 'that mutiny shall not be considered one of the offences admitting of such discretionary investigation. For any offcnce committed on the line of march, or on board any ship or Offences on the line other vessel, the: Officer in command of the Troops of march or on board vessels. may try any Soldier by a Regimental or Detachment Court Martial, and may confirm and execute on the spot any sentence that may be passed. Provided that such sentence shall in no case exceed that mhich a Regimental Court Martial is competent to award ;--and that the proceedings held in all such cases shall be transmitted for the information of the Commanderin-Chief of the Presidency to which such Troops belong, and 'to the Commander-in-Chief of the Presidency within mhich such troops shall be serving or to which they are proceeding. Any crime not punishable with dealh, and any disorder or neglect of which any Oficer or Soldier is guilty, to the prejudice Crimes not specified. of Good Order and Military Discipline, may, though not specified il; tl,rsc A~.t.icles, be inkel, cct,oiiiaiince of by Courlr Mart,i$, nlid put~islied - ACT No. XXiX `OF 1861.` pnnished, according to the nature and degree of the offence, by the sentence of a General, or District, or Garrison, or Regimental Gourt Martid.