(2) It shall be lawful for any police officer to arrest without warrant any person whom he
reasonably believes to be subject to this Act, and to be a deserter or absentee without leave, and to
bring him without delay before the nearest magistrate, to be dealt with according to law.
78. Inquiry into absence of person subject to the Act.____(1) When any person subject to this
Act has been absent from his duty without due authority for a period of 1[thirty days] a Court of
inquiry shall, as soon as practicable, be assembled and such Court shall, upon oath or affirmation
administered in the prescribed manner, inquire respecting the absence of the person, and the
deficiency, if any, in the property of 2[Federal Govern ment] entrusted to his care, or in his arms,
ammunition, equipment, instruments, clothing or necessaries ; and, if satisfied of the fact of such
absence without due authority or other sufficient cause, the Court shall declare such absence and the
period thereof and the said deficiency, if any, and the commanding officer of the corps or unit to
which the person belongs shall enter in the Court martial book of the corps or unit a record of the
declaration.
(2) If the person declared absent does not afterwards surrender, or is not apprehended, he shall,
for the purposes of this Act, be deemed to be a deserter.
3[(3) Notwithstanding anything contained in subsection (1), a person who, after enrolment, fails
to report to the corps or unit to which he is required to report within thirty days of the date on which
he was required to so report, the commanding officer of the corps or unit shall declare such failure
and enter in the court martial book of the corps or unit, as the case may be, a record of the
declaration; and if the person in respect of whom such declaration has been made does not afterwards
surrencder,
1 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 16, for “sixty days”.
2 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.
3 Added by Act 51 of 1976, s. 16.
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