Part 1Offences

Insubordination etc

I1I2C111Misconduct towards a superior officer

1

A person subject to service law commits an offence if—

a

he uses violence against a superior officer (“B”); and

b

he knows or has reasonable cause to believe that B is a superior officer.

2

A person subject to service law commits an offence if—

a

his behaviour towards a superior officer (“B”) is threatening or disrespectful; and

b

he knows or has reasonable cause to believe that B is a superior officer.

3

For the purposes of this section—

a

the behaviour of a person (“A”) towards another person (“B”) includes any communication made by A to B (whether or not in B's presence);

b

“threatening” behaviour is not limited to behaviour that threatens violence.

4

A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed—

a

in the case of an offence under subsection (1), or an offence under subsection (2) of behaviour that is threatening, ten years;

b

in any other case, two years.