Section 39: Fraudulent or irregular enlistment, etc.

Notwithstanding the foregoing provisions of this Act, liability for prosecution shall lie in the case of an enlisted person whose enlistment into any service of the Armed Forces is founded on fraudulent misrepresentation of actual facts or any other irregularity which otherwise shall have disentitled or disqualified the person from being enlisted nor shall such false representation regularise his intention to commit an offence, vacate or evade military duty of any kind.