40. Striking or threatening superior officer. -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 cause (c), the imprisonment shall not exceed five years.
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