Commentary First Group of Parts – Discipline Neglect of duty and misconduct Section 22: Ill-treatment of subordinates
82.This section is concerned with ill-treatment of a person subject to service law by anyone who is his superior in rank or authority (“superior officer” is defined in section 374). It penalises both intentional ill-treatment, and also recklessness on the part of a superior officer where, for example, he enforces excessively harsh discipline on a subordinate. The superior officer must know or have reasonable grounds to believe that the person mistreated is his subordinate. Where others are mistreated, criminal offences (such as assault) or disciplinary offences (such as conduct to the prejudice of good order and discipline) might be appropriate.