Section 138:
Conviction of offence not charged.
(1) A person charged before a court-martial with
desertion may be found guilty of attempting to desert or of being absent without leave.
(2) A person charged before a court-martial with attempting to desert may be found guilty of being
absent without leave.
(3) A person charged before a court-martial with using criminal force-may be found guilty of assault.
(4) A person charged before a court-martial with using threatening language may be found guilty of
using insubordinate language.
(5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b),
(c) and (d) of section 52 may be found guilty of any other of these offences with which he might have
been charged.
(6) A person charged before a court-martial with an offence punishable under section 71 may be
found guilty of any other offence of which he might have been found guilty if the provisions of the Code
of Criminal Procedure, 1898 (5 of 1898), were applicable.
(7) A person charged before a court-martial with any offence under this Act may on failure of proof
of an offence having been committed in circumstances involving a more severe punishment, be found
guilty of the same offence as having been committed in circumstances involving a less severe
punishment.
(8) A person charged before a court-martial with any offence under this Act may be found guilty of
having attempted or abetted the commission of that offence, although the attempt or abetment is not
separately charged.