Section 63: Malingering

(1) A person subject to service law under this Act who-
(a) falsely pretends to be suffering from sickness or disability; or
(b) injures himself with intent thereby to render himself unfit for duty, or causes himself to be injured by any other person with that intent; or
(c) injures any other person subject to service law under this Act at the instance of that person with intent thereby to render that person unfit for duty; or
(d) with intent to render or keep himself unfit for service, does or fails to do anything (whether at the time of the act or omission he is in hospital or not) whereby he produces, prolongs or aggravates, any sickness or disability,
is guilty of malingering.
(2) A person guilty of malingering under subsection (1) of this section is liable, on conviction by a court-martial-
(a) where the offender is on active service, to suffer death or any less punishment provided by this Act;
(b) in any other case, to imprisonment for a term not exceeding two years.
(3)
In this section, "unfit" includes temporarily unfit.