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Section38
The Army Act, 1950

Desertion and aiding desertion

In force From 22 Jul 1950 Act 46 of 1950 As on 16 Oct 2026

Act 46 of 1950 Ministry Defence Enacted 20 May 1950 In force 22 Jul 1950 Cited by 1 provision

Section 38 of the Army Act, 1950 deals with desertion and aiding desertion. 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; The Act came into force on 22 Jul 1950.

(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 court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

Section 38, The Army Act, 1950 (Act 46 of 1950).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 1

  1. s. 67 Abetment of offences punishable with death and not committed

Questions about Section 38

What does Section 38 of the Army Act deal with?

Section 38 of the Army Act is headed "Desertion and aiding desertion". 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;

How do I find court cases under Section 38 of the Army Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Army Act 1950 38, section 38 Army Act 1950, section 38 of the Army Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 38 of the Army Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 38 of the Army Act come into force?

Section 38 of the Army Act, cited as Army Act 1950 38, came into force on 22 Jul 1950, having been enacted on 20 May 1950. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.