Defence Act 1954

Negligent or wilful interference with lawful custody.


145.Every person subject to military law—

( a) who, without proper authority, sets free or authorises or otherwise facilitates the setting free of any person in custody, or

( b) who negligently or wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard or keep in custody, or

( c) who assists any person in escaping or attempting to escape from custody,

is guilty of an offence against military law and shall, F106 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable, in case he acted wilfully, to suffer F107 [ imprisonment for a term not exceeding seven years ] or any less punishment awardable by a court-martial and, in any other case, to suffer imprisonment F108 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.