Unlawful arrest
45.  Every person subject to military law who —
(a)unlawfully places or holds a person in custody; or
(b)does not comply with the provisions of this Act or of any regulations governing the placing or holding of a person in custody,
shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.