Chapter-7 Offences

Chapter-7 Offences
37. To be deemed to have committed an offence: If a person under the jurisdiction of this Act commits any of the acts as referred to in Sections 38 to 65, it shall be considered to have committed an offence in accordance
with this Act.

38. Enemy related offences: To commit any of the following acts shall be deemed as an enemy related offence:
(a) To abandon the garrison, fort, post or a place assigned for guard entrusted for securing or to handover (give up) the same cowardly to the enemy or to inspire or compel to any commanding officer or other person to do so,
(b) To give up arms, ammunitions or equipment before the enemy shamelessly, or behave in a way that reflects a cowardly behaviour,
(c) To propagate propaganda with a view to undermining the morale or terrorizing the garrison, camp or platoon during a war or military operation,
(d) To exchange any correspondence or confidential information traitorously with any other person or enemy raising arms against Nepal, or in committing any other such act,
(e) To help, directly or indirectly, the enemy by supplying arms, ammunition, explosives, cash, equipment or any other goods, or
(f) To act to undermine the Nepal Army or any of its force or wing,

(g) To raise a cease-fire flag before the enemy upon acting in a  treacherous or cowardly manner,
(h) To knowingly work together with a detained enemy or provide assistance to an enemy,
(i) To provide shelter or protect any enemy who is not a prisoner of war,
(j) To sleep or consume narcotic or alcoholic substance at the post or on the sentry duty during the time of a war or terror,
(k) To knowingly compel or inspire any person under the jurisdiction of this Act with an intention not to take action against the enemy or to cause any obstruction or to discourage,
(l) To desert without approving the leave from the leaving his commanding officer or to leave post, guard, picket, patrol or part at the time when military an operation is underway without being duly replaced or leave sanctioned.

39. Mutiny : To commit any of the following acts shall be deemed to be mutiny offence:
(a) To be involved in the mutiny,
(b) To stage or make arrangements for staging a mutiny together with a person belonging to the Nepal Army or with any other force assisting it, or instigate others or conspire for the same, (c) Not to attempt to, as far as possible, stop a mutiny when one is present at the place of a mutiny,
(d) To fail to report to the commanding officer or any other superior officer who has the knowledge regarding the intention of the mutiny or where there is appropriate reason to believe that someone is intending or conspiring to stage the mutiny,
(e) To deviate oneself or any other person from patriotism and duty, or to cause to incite or to cause any other person to deviate from patriotism or duty.

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.

41. Offences against military operation : To commit any of the following acts shall be deemed to be an offence against military operation:
(a) To forcefully act against a security guard or sentry, or causing them to do so,
(b) To enter into a building (house) or place with the intention of looting,
(c) To sleep or use narcotic or alcoholic substance while on duty at the post as a sentry,
(d) To leave (give up) guard, picket, patrol or post without the permission of a superior officer,
(e) To intentionally or negligently give signals or information to cause terror in the camp, garrison or quarters, or to spread unnecessary discouraging or terrorizing propaganda therein,
(f) To divulge any information about watch words and countersigns to any unauthorized person, or knowingly provide false or different parole or signals to an authorized person.

42. Desertion-related offences:

(1) To commit of any of the following acts shall be deemed to be an offence desertion:
(a) To desert from service after an order of military operation or after the start of such an operation,
(b) To desert from service except for the conditions as referred to in Clause (a),
(c) To knowingly provide shelter to any person under the jurisdiction of this Act who is deserting the service,
(d) To knowingly provide benefit, help or assistance to a deserter,
(e) To fail to immediately inform a superior officer or any higher ranking officer who has knowledge of any
person under the jurisdiction of this Act is deserting or about to desert the service, or not to arrest him/her
even so authorized,
(f) Not to diligently search for and arrest a deserter, (g) Not to take necessary action despite the knowledge of
desertion,
(h) To desert from the barracks, camp, or quarter.

(2) If a person who has been confirmed absent without leave does not report himself/herself or not found, he or she shall be considered to be a deserter.

43. Offence of allowing someone in custody to escape: Releasing an individual in custody without proper authority or without reasonable grounds for release while on guard, picket, patrol, command of post or  during duty; or not taking a prisoner to be taken into custody or not taking one’s turn at duty shall be considered an offence of allowing someone in custody to escape.

44. Offence relating to assault or intimidation : To commit any of the following acts shall be deemed an offence of assault or intimidation:
(a) To threat a superior officer,
(b) To assault or use criminal force against a superior officer,
(c) Not to respect the dignity of a superior officer by speaking in an undermining way or treat him/her in a degrading manner.

45. Defiance related offence: The commission of any of the following acts shall be deemed a defiance related offence:
(a) To knowingly defy a legal order issued through oral (verbal), written, signal or any other manner by an authority or an officer under the jurisdiction of this Act or by a superior officer during the official work;
(b) To show negligence to obey the general, local or any other type of order issued by a superior officer.

46. Offences related to loss or damage to property: To commit any of the
following acts shall be deemed an offence of loss or damage of property:
(a) To cause loss or damage to the property as referred to in Clause (a)
of Section 41 or the property of a military institution or any person
under the jurisdiction of this Act, or any person working for the
Nepal Army or of any other person involved in the Nepal Army,
(b) To set fire or cause loss or damage to government property,
(c) To mistreat, cause injury, kill, take away or loss any animal which is
in his/her custody.

47. Offences relating to forgery or falsifying particulars: To commit any
of the following acts shall be deemed an offence of forgery or falsifying
particulars:
(a) If a person whose duty is to confirm the authenticity of a report,
account, description, certificate or any other document prepared or
signed by an authorized person examines it fraudulently, or certifies
a false content of such document to submit as a true one with an
intention of deceit or becomes accomplice in such an act,
(b) If, in the course of certifying a document as referred to in Clause (a),
someone does not write knowingly the matter to be written to deceit
someone else or becomes an accomplice to such act,
(c) If someone knowingly distorts, conceals, takes away or leaves blank,
with an intention of causing loss or deceit to someone else, any
document for which one has the responsibility to protect or must
submit when required,
(d) If someone knowingly makes any false declaration who has a duty to
keep such an information,
(e) If someone having knowledge about or having reasonable grounds to
believe on the fact that there are false particulars on any statement,
document or record, writes or causes to write false particulars of
one’s own or somebody else on memoranda or statements which
allows for the receipt of pension, allowances, other facilities, or
special provisions.

48. Offence related to obstruction or use of criminal force: To commit
any of the following acts shall be deemed to be an offence of opposition and
obstruction or use of criminal force:
(a) To disobey the order concerning one’s arrest even when given by a
lower ranking officer, in the case of being involved in any quarrel,
riot or disturbance; or to attack such an officer who gave order of
such arrest, or to use criminal force against a high ranking officer,
(b) To use force or attack a person who has been placed in one’s custody
pursuant to the law, irrespective of whether this Act is applicable to
that person or not, or whether that person is a higher ranking officer
or not;

(c) To oppose or obstruct the person or escort whose duty is to arrest or
take one into custody,
(d) To obstruct the Chief of the Military Police, or his/her authorized
representative while engaged in the legal discharge of duties, or not
to extend cooperation, when requested, in the discharge of his/her
duty,
(e) To use criminal force or assault any person who supplies goods or
rations to the Nepal Army.

49. Offence against property: The commission of any of the following acts
shall be deemed an offence relating to property:
(a) To use the public or governmental property, mess or band of Nepal
Army in private interest or use the property of any army or of any
person under the jurisdiction of this Act with mala fide intent or
misappropriating it or stealing or taking them in possession
fraudulently and with male fide intent,
(b) To fraudulently receive or keep such property knowingly or having
reasonable grounds to believe that it is related with the commission
of crime as referred to in Clause (a).
(c) To damage or cause loss to governmental property under one’s own
custody.

50. Offences regarding cheating or coercion: To commit any of the
following acts shall be deemed to be an offence of cheating and coercion:
(a) To commit any act with an intent of cheating, causing undue benefit
or a loss to any other person,
(b) To obtain forcibly or under coercion cash or goods of any other
person or force someone in to labour without authority.

51. Offences of desertion with arms and other things or their misuse:
The commission of any of the following acts shall be deemed an offence of
desertion with arms and other things or their misuse:-
(a) To escape along with arms and ammunition, supplies, equipment,
tools, clothes or any other governmental property obtained by
oneself or put into custody or become an accomplice in such escape;
(b) To lose any property as referred to in Clause (a);
(c) To deface, destroy sell or mortgage any medal or decoration granted
to him/her.

52. Offence against discipline and code of conduct: To commit of any of
the following acts shall be deemed an offence against discipline and code of
conduct:
(a) To consume drugs;
(b) To behave in a hostile or unpredictable manner, demonstrate
reprehensible character or behave in a cruel manner;
(c) To create one’s own physical weakness or disease;
(d) To pretend to be suffering from any disease or weakness, while
being healthy; or to deliberately prolong or increase the severity of
disease or not to allow healing;
(e) To cause injury to oneself or to any other person with an intention of
causing disqualification for the service;
(f) To mistreat by using criminal force by an officer, junior
commanding officer or non-commanding officer to a person under
the jurisdiction of this Act while stating that one is of a lower rank;
(g) Not to complete any act that maintains order or military discipline or
to commit any act against order or military discipline;
(h) To use alcoholic substances;
(i) Not to behave in a manner suitable to the post;
(j) To establish or operate an association or organization in
contravention to Section 19 or in taking part in such activities;
(k) To use any army personnel on any acts other than acts regarding the
discharge of duties in accordance with this Act or Rules framed
hereunder.

53. Offences related to certification of incomplete document: To commit
any of the following acts shall be deemed to be an offence of certification of
incomplete document:
(a) To certify in a blank space to deceive anybody else by a person who
has a duty to prepare or certify a document relating to salary,
weapon, cartridge, goods, equipment, cloths, food items;
miscellaneous goods and stores, or record of government property.
(b) To refuse to prepare or send a report or details or not to prepare or
send with negligence by a person who has a duty to do the same.

54. Offence related to false statements or details: If a person under the
jurisdiction of this Act, after taking oath before the Military Court, records
false statements or details; or if there is no ground to believe that such
statement or detail given or believed to be false are true; shall be considered
an offence related to false statements or details.

55. Offence of taking appointment by means of lying: To commit any of
the following acts shall be deemed to be an offence of taking appointment by
means of lying:
(a) To take appointment in his/her usual Corps (Chamu) or Department
or any other Corps (Chamu) or Department without fulfilling the
conditions needed for one’s recruitment or without being duly
relived of one’s duty from one’s Corps or Department,
(b) To be involved in the act of recruiting any person in any wing of the
Nepal army while knowing that there are circumstances in which the
person is suspected of having committed a crime under this Act or
there are grounds to believe that such circumstance exist,
(c) If it is proved that one has intentionally provided false information
on the application for recruitment,
(d) To submit fake or false certificate for recruitment, promotion,
training or any other purpose of the service.

56. Offence of escaping from custody: Escaping from custody while being
in legal custody shall be deemed committing an offence escaping from
custody.

57. Offences of false allegation: To commit any of the following acts shall be
deemed to be an offences of false allegation:
(a) To make a false allegation knowingly against any person to whom
this Act is applicable or having sufficient reason to believe that the
charge was false; or
(b) To lodge a complaint or give false statement pursuant to Section 27
knowingly or having sufficient reason to believe that the statement is
false, in a manner that could damage the character of a person whom
this Act is applicable or to conceal the actual facts related thereto
which are in his/her knowledge.

58. Offences of absence without leave: To commit any of the following acts shall be deemed to be an offence of absence without leave:
(a) To be absent without approving a leave,
(b) To remain absent beyond the period of leave without sufficient reason,
(c) To fail, without sufficient reason, to join his/her formation, unit or any organ thereof immediately upon receiving a notice from an appropriate authority about the order issued for his/her formation or unit or any organ thereof to take military actions,
(d) To remain absent from the place fixed for his/her duty or physical exercise (Byayam) or from the parade in the given time,
(e) To leaving the parade or march line without the permission of his/her superior authority or without sufficient cause,
(f) To remain present at any fixed place outside or restricted place as prescribed through any orders of general, local or other nature, or at any prohibited place, at a time of being stationed in a camp, garrison
or any other place, without obtaining a pass or a written permission from his/her immediate superior officer,
(g) To remain absent at any school (Training Institute) at a time when an order has been issued to attend school, without obtaining leave from an immediate superior officer or without appropriate reasons thereof.
59. Offences related to court martial: To commit of any of the following acts shall be deemed to be an offence related to Court Martial:
(a) Not to be appeared before the court martial as an witness without any appropriate reasons even a legal summons or order has been issued,
(b) To refuse to take an oath before court martial ,
(c) To refuse to abide by an order to submit or handover any document in one’s custody to the court martial,
(d) To refuse to answer a question asked in accordance with law as an witness,
(e) To show disrespect or commit contempt of the court martial by causing hindrance or obstruction or speaking threatening sentence therein,
(f) To ignore the execution of the decision or order of court martial.

60. Offence of freezing salary illegally: A person, who is responsible for paying salaries, if refuses to pay or freezes illegally the salary of any person to whom this Act is applicable, instead of paying in due time, it shall be deemed to have committed an offence of freezing salary illegally.

61. Offence related to irregular (illegal) arrest or detention: To commit any of the following acts shall be deemed to be an offence related to irregular (illegal) arrest or detention:
(a) To arrest or hold a person in to detention without producing him/her before the concerned officer for investigation or to delay investigation without any reason,
(b) Not to produce a person along with appropriate reasons to keep a person into custody immediately or as soon as possible or within Twenty Four Hours at any cost before the officer who has the authority to keep a person into military custody or of the Judge-advocate General, without any reasonable cause.

62. Special provisions relating to offences of corruption, theft, torture and disappearance:

(1) To commit any acts which are defined as an offence of corruption, theft, torture and disappearance by prevailing law shall be deemed to have been committed the offence of corruption, theft, torture and disappearance.
(2) There shall be a committee comprising of the following persons to conduct an investigation and inquiry into the offences provided in Sub- section (1):
(a) Deputy Attorney General as designated by the Government of Nepal Chairperson
(b) Chief of legal section of the Ministry of Defence Member
(c) Representative of Judge Advocate General Department not below the rank
of Major (Senani) Member.
(3) The representative referred to in Clause (c) of Sub-section (2) shall be a person who is not concerned with to the Court Martial of the concerned case.
(4) The original jurisdiction to hear and dispose of the case as referred to in Sub-section (1) shall be on the Special Court Martial formed pursuant to Sub-section (1) of Section 119.
(5) The committee formed pursuant to Sub-section (2) shall have the  power equivalent to the power conferred on by prevailing laws to an investigating and inquiry officer in respect to those cases.

63. Miscellaneous Offences: (1) To commit any of the following acts shall be deemed miscellaneous offences:
(a) To misbehave, beat or trouble by any other means by a person in command of any post or march to a person in
his/her command; or commit hooliganism in a public place; or trespass; or not submit a petition made for
compensation before the concerned authority for having caused damage by trespassing; or not to cause
to provide compensation,
(b) to disturb the sacredness of a religious place or knowingly disrespect the religion of any other person
by any other means or to cause disrespect to religious sentiments,
(c) To carry arms or ammunitions by a soldier below the rank of junior commissioned officer (Jamdar),
weapons or explosives when not on duty, without the order of the concerned authority around the camp or
cantonment or when going to the city or market or return therefrom;
(d) To receive or accept to receive, bribe or any other benefit for causing recruitment or promotion to any
person, directly or indirectly, into the Nepal Army or in approving leave or for giving the impression of any
other benefit,
(e) To cause any loss or damage to the body or property of any citizen or inhabitant of the country where he/she is
serving.
(2) Except otherwise provided in Sub-section (1), to commit any prohibited act other than the offence those referred to in this Chapter by a non-commissioned officer or any lower ranking soldier during military operations, it shall be considered a miscellaneous offence.

64. Attempt: To attempt to commit an offence as referred to in this Chapter or
any act for such purpose shall be deemed an attempt to commit such an
offence.

65. Inducement: To induce to commit any offence as referred to in this Chapter shall be deemed an inducement to commit such an offence.

66. Offences under other Laws :

(1) In a case a person under the jurisdiction of this Act commits any offence as referred to in Sections 38 to 65 and
except in a that condition such an offence is committed by any military personnel against any other military personnel, if the person under the purview of this Act commits any of the following offences such a lawsuit
shall fall under the jurisdiction of other courts:
(a) Homicide,
(b) Rape.
(2) If the agency or investigating officer conducting an investigation and inquiry issues an order to handover the accused (alleged person) involved in the offence as referred to in Sub-section (1), the commanding
officer or Commander (Pati) or concerned officer shall hand him/her to the agency or officer issuing such order. The retirement or desertion of a person shall not bar to conduct an investigation and take action in accordance with
law.
(3) The person who comes under the jurisdiction of this Act is being investigated fallings under the jurisdiction of other court shall ipso facto be suspended during the period of his/her custody and until the final decision
if a case so lodged.
(4) Even if an investigation into an offence under the jurisdiction of other courts is started in respect to a person under the jurisdiction of this Act, nothing in this Section shall be a bar to form a court of inquiry and
conduct an investigation and take necessary action on the offence that falls under this Act