Royal Brunei Armed Forces Act · 1984 Revised Edition · Part 5
72. Civil offences
Official textFrom Attorney General's Chambers, unchanged
Any person subject to military law who commits a civil offence, whether in Brunei Darussalam or elsewhere, is guilty of an offence against this section.
In this Act, “civil offence” means any act or omission punishable by the law of Brunei Darussalam or which, if committed in
Brunei Darussalam, would be punishable by that law; and in this Act “the corresponding civil offence” means the civil offence the commission of which constitutes the offence against this section.
corresponding civil offence
“corresponding civil offence” has the meaning assigned to it by section 72(2);
A person convicted by court-martial of an offence against this section shall be liable to suffer any punishment or punishments which a civil court could award for the corresponding civil offence, if committed in Brunei
civil court
“civil court” means a court of ordinary criminal jurisdiction in Brunei Darussalam;
Darussalam being a punishment or punishments provided by this Act, or such punishment, less than the maximum punishment which a civil court could so award, as is so provided.
A person shall not be charged with an offence against this section committed in Brunei Darussalam if the corresponding civil offence is an offence punishable under any provision of Chapter VI (offences against
State) of the Penal Code (Chapter 22) or under section 302
(murder), section 304 (culpable homicide not amounting to murder), section 306 (abetment of suicide) or section 376 (rape) of the Penal Code
(Chapter 22).
Where the corresponding civil offence is punishable under section 302 (murder) or section 304 (culpable homicide not amounting to
Royal Brunei Armed Forces murder) of the Penal Code (Chapter 22), an offence against this section is deemed, for the purpose of subsection (4), to have been committed at the place of the commission of the act or occurrence of the neglect which caused the death, irrespective of the place of death.
Armed Forces
“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
A person shall not without the consent in writing of the Attorney
General be charged with an offence against this section committed in Brunei
Darussalam if the offence affects the person or property of a person who was not subject to military law at the time the offence was committed.
A person subject to military law may be charged with an offence against this section notwithstanding that he could on the same facts be charged with an offence against any other provision of this Part.
Punishments available to courts-martial
Terms defined in s 2
Armed Forces
Defined · s 2“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
civil court
Defined · s 2“civil court” means a court of ordinary criminal jurisdiction in Brunei Darussalam;
corresponding civil offence
Defined · s 2“corresponding civil offence” has the meaning assigned to it by section 72(2);
Part