Striking or threatening superior officers

Section 40 of the Army Act, 1950 deals with striking or threatening superior officers. Any person subject to this Act who commits any of the following offences, that is to say,-- (a) uses criminal force to or assaults his superior officer; The Act came into force on 22 Jul 1950.

Any person subject to this Act who commits any of the following offences, that is to say,--

(a) uses criminal force to or assaults his superior officer; or

(b) uses threatening language to such officer; or

(c) uses insubordinate language to such officer;

shall, on conviction by court-martial,

if such officer is at the time in the execution of his office or, if the offence is committed on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned:

Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five years.

Section 40, The Army Act, 1950 (Act 46 of 1950).