Clause 45

Every person subject to military law who is guilty of any act, conduct, disorder, or neglect to the prejudice of good order and military discipline, shall be liable on conviction by court-martial, if an officer, to be cashiered, or to suffer such less punishment as is in this Act mentioned, and if a soldier, to suffer imprisonment for a term not exceeding two years, or such less punishment as is in this Act mentioned:Provided that no person shall be charged under this section in respect of any offence for which special provision is made in any other section of this Act, and which is not a civil offence, nevertheless this conviction of a person so charged shall not be invalid by reason only of the charge being in contravention of this proviso, unless it appears that injustice has been done to the person charged by reason of such contravention.