Laws
Royal Brunei Armed Forces Act
Part 5
s 38

In force1984 Revised EditionCurrent version · 1984 Revised Edition

Contents

Royal Brunei Armed Forces Act

Find in this Act

Part 1

1Citation
2Interpretation
3Military forces to be raised in Brunei Darussalam
4Composition of Armed Forces and Reserve Regiment
5Personnel and units of Armed Forces and Reserve Regiment
6Power to make provision for cadets
7Powers to modify provisions relating to females

Part 2

8Commissioning and appointing of officers
9Appointment of Colonel in Chief
10Appointment of Commander

Part 3

11Appointment of warrant officers
12Enlistment of soldiers and men
13Repealed
14Proceedings for enlistment and attestation
15Regiment
16Discharge of soldiers
17Transfer to Reserve Regiment
18Postponement of discharge or transfer pending proceedings for offences
19Subject to the period of compulsory engagement as provided in regulations made under this Act, a recruit may with the permission of His Maj...
20Right of warrant officer to discharge on reduction to ranks
20AHis Majesty the Sultan and Yang Di-Pertuan may, without assigning any reason therefor, determine that the services of a soldier is no longe...
21Forfeiture of service for desertion and restoration of forfeited service
22Validity of attestation on enlistment
23False answers in attestation paper
24Uniform

Part 4

25Call out of Reserve Regiment for full-time service
26Postponement of discharge
27Release from full-time service
28Call out of Reserve Regiment for training
29Application of Act to members of Reserve Regiment when subject to military law
30Offences by men of Reserve Regiment

Part 5

31Interpretation of Part 5
32Misconduct in action
33Assisting enemy
34Becoming prisoner of war through disobedience or wilful neglect
35Failure to attend for duty, neglect of duty etc.
36Looting
37Mutiny
38Failure to suppress mutiny
39Insubordinate behaviour
40Disobedience to lawful commands
41Obstruction of provost officers
42Disobedience to standing orders
43Desertion
43AAny person subject to military law shall be required to comply with the terms of engagement set out in the regulations and a failure to com...
44Absence without leave
45Failure to report or apprehend deserters or absentees
46Malingering
47Drunkenness
48Any person subject to military law who, without reasonable excuse —
49Damage to and loss of public or service property etc.
50Damage to and loss of aircraft or aircraft material
51Misapplication or waste of public or service property
52Offences relating to issues and decorations
53Damage to and loss etc. of ships or naval material
54Dangerous flying etc.
55Inaccurate certification of ships and aircraft
56Low flying
57Annoyance by flying
58Permitting escape and unlawful release of prisoners
59Resistance to arrest
60Escape from confinement
61Offences in relation to courts-martial
62Unauthorised disclosure of information
63Making of false statements on enlistment
64Falsification of document
65Offences against morale
66Scandalous conduct by officers
67Ill-treatment of personnel of inferior rank
68Disgraceful conduct
69Conduct to prejudice of good order and military discipline
70Attempts to commit military offences
71Aiding and abetting etc. or inciting, commission of military offences
72Civil offences
73Scale of punishment and supplementary provisions
74Power to arrest offenders
74AFor the purposes of section 74, a provost officer or any member of the Armed Forces legally exercising authority under a provost officer or...
75Provisions for avoiding delay after arrest
76Investigation of charges by commanding officer
77Charges to be dealt with summarily or by court-marital
78Further proceedings on charges against non-commissioned officers below the rank of Staff Sergeant and soldiers
79Further proceedings on charges against officers etc.
80Summary proceedings by appropriate superior authority
81Directions by higher authority or appropriate superior authority for dismissal of charges or stay of proceedings
82Confession of desertion by warrant officer, non-commissioned officer or soldier
83Officers who are to act as commanding officers and appropriate superior authorities
84Limitation of powers of summary dealing with charges
85Convening and constitution of courts-martial
86Place for sitting of court-martial and adjournment to other places
87Challenges by accused
88Administration of oaths
89Courts-martial to sit in open court
90Dissolution of courts-martial
91Decisions of court-martial
92Finding and sentence
93Power to convict of offence other than that charged
94Evidence relating to bankers’ books
95Rules of evidence
96Privileges of witnesses and others at courts-martial
97Offences in relation to courts-martial by civilians
98Affirmations
99Rules of Procedure
100Rules as to exercise of functions of Judge Advocate
101Taking of offences into consideration
102Confirmation of proceedings of courts-martial
103Petitions against finding or sentence
104Powers of confirming officers
105Confirming officers
106Review of findings and sentences of court-martial
107Review of summary findings and awards
108Provisions where accused unfit to stand trial
109Saving for functions of Judge Advocate General
110Commencement
111Consecutive terms of imprisonment and detention
112Limitation of total period of sentences of detention
113Execution of sentences of death
114Imprisonment and Detention Rules
115Supplementary provisions relating to regulations and rules under sections 113 and 114
116Special provisions as to civil prisons in Brunei Darussalam
117Duties of Director or officers in charge of civil prisons to receive prisoners
118Trial and punishment of offences under military law notwithstanding offender ceasing to be subject to military law
119Limitation of time for trial of offences under military law
120Jurisdiction of civil courts
122Boards of inquiry
123Inquiries into absence
124Judge Advocate General
125Restitution or compensation for theft etc.
126Appointment of Judge Advocate
127Promulgation
128Custody of proceedings of courts-martial and right of accused to copy

Forfeitures and Deductions and Enforcement of Maintenance Liabilities

129Forfeitures and deductions: general provisions
130Forfeiture of pay for absence from duty
131Deductions for payment of civil penalties
132Compensation for loss occasioned by wrongful act or negligence
133Deductions for barrack damage
134Remission of forfeitures and deductions
135Enforcement of dependants’ maintenance orders by deduction from pay
136Deductions from pay for maintenance of wife or child
137Limit of deductions under sections 135 and 136 and effect on forfeiture

Part 7

138Interpretation of Part 7
139Right of appeal
140Application for leave to appeal
141Consideration of application by Court of Appeal
142Power to quash conviction as wrong in law etc.
143Adjustment of sentence in case of conviction of two or more charges
144Substitution of conviction on different charge
145Variation of conviction so as to attract different sentence
146Substitution of finding of insanity or unfitness to plead
147Term of sentence passed under section 143, 144 or 145
148Retrial generally excluded
149Power to authorise retrial in certain cases
150Court of Appeal
151Provisions as to retrial
152Appeal against finding of not guilty by reason of insanity
153Consequences where appeal under section 152 allowed
154Power of Court of Appeal to order continued detention
155Appeal against finding of unfitness
156Disposal of appeal under section 155
157Presentation of appellant’s case
158Presence of appellant at hearing
159Evidence
160Power to call for report by member of trial court
161Other powers for facilitating disposal of appeal
162Costs of successful appeal
163Costs against appellant
164Witnesses’ expenses
165Reference of cases by Judge Advocate General or Minister
166Order for costs of defence on reference under section 165
167Determination by majority of Court of Appeal
168Judgment
169Commissioner
170Documents relating to trial to be furnished for appeal
171Defence of appeals
172Appeals in capital cases
173Deferment of execution of sentences of death
174Summary execution of sentence of death
175Rules of court
176Duties of Registrar with respect to appeals etc.
177Removal of prisoners
178Saving for prerogative

Part 8

179Personnel engaged under agreement
180Complaints by officer
181Complaints by soldier
182Exemptions from tolls etc.
183Exemption from taking in execution of property used for military purposes
184Arrest of deserters and absentees without leave
185Proceedings before civil court where persons suspected of illegal absence
186Deserters and absentees without leave surrendering to police
187Certificates of arrest or surrender of deserters and absentees
188Duties of Director of Prisons and others to receive deserters and absentees
189Arrest under warrant of commander
190Arrest of persons unlawfully at large
191Search of place entered by person sought to be arrested
192Search of person arrested
193General power to search military places and personnel
194General provisions as to evidence
195Proof of outcome of civil trial
196Evidence of proceedings of court-martial
197Restrictions on reduction in rank of warrant and non-commissioned officers
198Temporary reception in civil custody of persons under escort
199Avoidance of assignment of or charge on military pay, pensions etc.
200Power of certain officers to take affidavits and declarations
201Exclusion of requirement of Attorney General’s consent for proceedings

Part 9

202Persons subject to military law: general provisions
203Sultan and Yang Di-Pertuan
204Application of Act to civilians
205Loaned personnel
206Execution of orders, instruments etc.
207Provisions as to active service
208Power of His Majesty the Sultan and Yang Di-Pertuan* to make regulations
209General Orders
210Powers exercisable by subsidiary legislation
211Application of Queen’s Regulations

Schedules

(section 93(6)) ALTERNATIVE OFFENCES OF WHICH ACCUSED MAY BE CONVICTED BY Offence charged Alternative offences 1. Communications with or gi...
(regulations 9 and 13) CIVIL OFFENCE Driving a motor vehicle without a driving licence contrary to section 16 of the Road Traffic Act (Chap...
Schedule 1 — Committal Order to Military Establishment/Civil Prison
Schedule 2 — Order for Release from Prison or Military Establishment
Schedule 3 — Temporary Release from Military Detention on Compassionate Grounds
Schedule 4 — Medical Certificate of Fitness
Schedule 5 — Medical Certificate of Fitness for Close Confinement
Schedule 6 — Order for Restraint of Person in Custody and Approval of Medical Officer
SCHEDULE 7 — ORDER FOR ISOLATION OF SOLDIER UNDER SENTENCE __________________________________ Royal Brunei Armed Forces [Subsidiary] Rules...
SCHEDULE 1 (rule 14) COMMITTAL ORDER TO MILITARY ESTABLISHMENT/CIVIL PRISON1 To The Director of Prisons2 The Commandant of...................
SCHEDULE 2 (rule 15(1)(b)) ORDER FOR RELEASE FROM PRISON OR MILITARY ESTABLISHMENT To The Director of Prisons/commandant or other person in...
SCHEDULE 3 (rule 17(1)) TEMPORARY RELEASE FROM MILITARY DETENTION ON COMPASSIONATE GROUNDS In pursuance of the Royal Brunei Armed Forces (I...
Schedule 4 (Rule 25(1)) Medical Certificate of Fitness I1.....................................................................................
Schedule 5 (Rule 50(1)) Medical Certificate of Fitness for Close Confinement I1...............................................................
Schedule 6 (Rules 51(5), (8) and (9)) Order for Restraint of Person in Custody and Approval of Medical Officer Part I Order for Restraint O...
Schedule 6 — (Continued) Part II Approval of Medical OFFICER8 I,9.............................................................................
Schedule 7 (Rule 53(3)) Order for Isolation of Soldier Under Sentence I, 1...................................................................
Schedule 1 — — Delay Report — — Abstract of Evidence — Certificate to Be Attached to Abstract of Evidence After IT Has Been Handed to the A...
Schedule 2 — Record of Proceedings Before Appropriate Superior Atuhority
Schedule 3 — — Convening Orders for Court-Martal Royal Brunei Armed Forces [Subsidiary] — Declaration Under Rule 99 — Declaration Under Rul...
Schedule 4 — — Sentences — Forfeiture of Seniority Officers — Consecutive [Sentences of Imprisonment] for Offences Against the Act — Order...
Schedule 5 — Oaths and Affirmations
Schedule 6 — — Petition to Confifrming Officer (Before Confirmation) — Petition to Reviewing Authority (After Promulgation) _______________...
Schedule 1 Forms (Rules 4(1), 8, 9(1), (5) and 88(3)) (Rule 4(1)) Delay Report from: (Unit) to: (Convening OFFICER)................1EIGHT...
Schedule 2 (Rule 18(g)) Record of Proceedings Before Appropriate Superior Authority Accused’S Number, Rank and Name..........................
SCHEDULE 2 — (continued) (ii) if he determines that the accused is guilty, examine and consider the accused’s record of service. If he inte...
SCHEDULE 3 (rules 19(1)(a), 65(3), 69(2), 77(7), 88(3), 89(1)(a), 92(1), 92(7), 93(3), 99 and 100) COURT-MARTIAL FORMS (rule 19(1)(a)) CONV...
SCHEDULE 4 (rules 18(f), 72(3) and (4)) SENTENCES Note: The words in the margin should be entered in the right-hand margin of the record of...
Schedule 5 (Rule 32) Oaths and Affirmations Oaths at Courts-Martial and at Investigations by Commanding Officers and Appropriate Superior A...
SCHEDULE 5 — (continued) Witness [For Muslims] I swear in this proceedings that I will say and speak the whole truth and nothing but the tr...
SCHEDULE 6 (rule 96(1)) PETITION TO CONFIRMING OFFICER (BEFORE CONFIRMATION) To the confirming officer. I....................................
Schedule 6 — (Continued) (Rule 96(2) and (3)) Petition to Reviewing Authority (After Promulgation) To.......................................

Royal Brunei Armed Forces Act · 1984 Revised Edition · Part 5

38. Failure to suppress mutiny

No plain-English summary for s 38 yet. See the rest of this law

Official textFrom Attorney General's Chambers, unchanged

Any person subject to military law who, knowing that a mutiny is taking place or is intended —

place

Defined · s 2

“place” includes a ship, aircraft or vehicle;

Open s 2

(a)

fails to use his utmost endeavours to suppress or prevent it;

Royal Brunei Armed Forces

Armed Forces

Defined · s 2

“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;

Open s 2

(b)

fails to report without delay that the mutiny is taking place or is intended, shall, on conviction by court-martial —

(i)

if his offence was committed with intent to assist the enemy, be liable to suffer death or any less punishment provided by this Act;

enemy

Defined · s 2

“enemy” includes all persons engaged in armed operations against any of the forces of His Majesty the Sultan and Yang Di-Pertuan or any forces co-operating with such persons, and also includes all armed mutineers, armed rebels, armed rioters and pirates;

Open s 2

(ii)

in any other case, be liable to imprisonment or any less punishment provided by this Act.

Terms defined in s 2

Armed Forces
Defined · s 2
“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
Open s 2
enemy
Defined · s 2
“enemy” includes all persons engaged in armed operations against any of the forces of His Majesty the Sultan and Yang Di-Pertuan or any forces co-operating with such persons, and also includes all armed mutineers, armed rebels, armed rioters and pirates;
Open s 2
place
Defined · s 2
“place” includes a ship, aircraft or vehicle;
Open s 2

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Part 9

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Schedules

Details

Royal Brunei Armed Forces Act · s 38

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Where this comes from

Attorney General's Chambers · Royal Brunei Armed Forces Act, 1984 Revised Edition. Reader record updated on 2 Oct 2026.

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