Commentary First Group of Parts – Discipline Desertion and absence without leave Section 8: Desertion
59.Under this section desertion is committed if a person subject to service law is absent without permission and either intends:
	not to return at all, or
	to avoid service on operations against an enemy, or service abroad on operations to protect life or property, or service on military occupation of a foreign country or territory.
60.It is an offence if the person has the necessary intention at the time of going absent or if he develops the intention at some point during the period of absence.
61.The maximum sentence for desertion is generally two years’ imprisonment. But the maximum is life imprisonment if the offender intended to avoid a period of “active service” as defined in the section.