Disgraceful conduct

[moulie11]

Good morning,

Could someone point me in the direction of the official definition of the charge "disgraceful conduct of an indecent kind"? Was this a term that could be interpreted in a number of ways or did it refer to a specific act?

The chap I'm researching was tried by District Court Martial in India and sentenced to two years' imprisonment with hard labour. His record notes admission to military prison and then eight months later he embarked for home. He was then discharged "incorrigible and worthless," forfeiting his total service/pension.

I'm assuming the severity of the sentence is an indication of the crime committed - but it's curious that he served such a short proportion of those two years. Was this usual?

How do I find out more? I'd be interested to read any insights members might have.

Thanks in advance.

Luke

Edited 26 June , 2023 by moulie11

[Pompey]

Modern day interpretation might help:

2. Specimen charges DISGRACEFUL CONDUCT OF A CRUEL KIND CONTRARY TO SECTION 23(1) OF THE ARMED FORCES ACT 2006 [AB] on ….., held a cat by the hind legs and repeatedly beat it against a wall. DISGRACEFUL CONDUCT OF AN INDECENT KIND CONTRARY TO SECTION 23(1) OF THE ARMED FORCES ACT 2006 [AB] on ……, removed all his clothing and said to [CD], “Come on, let’s see what a man can do to you with some real equipment”, or words to that effect.

Section 23 - Disgraceful conduct of a cruel or indecent kind 1-7-76

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/617131/20170510-Chapter_7-Non-criminal_conduct-AL42-v1.pdf

edit as his offence  is pre the 2006 Act, Homosexuality is the possible offence or something of that nature

Regards

Edited 26 June , 2023 by Pompey
additional thoughts

[Matlock1418]

1 hour ago, moulie11 said:

"disgraceful conduct of an indecent kind"

Can't offer you an answer I'm afraid, but perhaps a suggestion ... try looking in Newspapers, both in India and UK, to see if the man was repeat/frequent perpatrator of such an act(s) - he may have been in court before and/or after his military conviction.

M

[moulie11]

4 hours ago, Pompey said:

Modern day interpretation might help:

2. Specimen charges DISGRACEFUL CONDUCT OF A CRUEL KIND CONTRARY TO SECTION 23(1) OF THE ARMED FORCES ACT 2006 [AB] on ….., held a cat by the hind legs and repeatedly beat it against a wall. DISGRACEFUL CONDUCT OF AN INDECENT KIND CONTRARY TO SECTION 23(1) OF THE ARMED FORCES ACT 2006 [AB] on ……, removed all his clothing and said to [CD], “Come on, let’s see what a man can do to you with some real equipment”, or words to that effect.

Section 23 - Disgraceful conduct of a cruel or indecent kind 1-7-76

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/617131/20170510-Chapter_7-Non-criminal_conduct-AL42-v1.pdf

edit as his offence  is pre the 2006 Act, Homosexuality is the possible offence or something of that nature

Regards

Thanks, Pompey. I'd assumed it was for a sexual offence - homosexual or otherwise - but wasn't sure how far the charge "...of an indecent kind" stretched at the time.

4 hours ago, Matlock1418 said:

Can't offer you an answer I'm afraid, but perhaps a suggestion ... try looking in Newspapers, both in India and UK, to see if the man was repeat/frequent perpatrator of such an act(s) - he may have been in court before and/or after his military conviction.

M

Thanks, Matlock. 

I've not been able to find any reports about the incident itself but did discover from newspapers that he was in trouble again soon after his return home (fighting in the street outside a pub!).

Luke

[TullochArd]

10 hours ago, moulie11 said:

Could someone point me in the direction of the official definition of the charge "disgraceful conduct of an indecent kind"? Was this a term that could be interpreted in a number of ways or did it refer to a specific act?

This legal term was designed to be interpreted in a number of ways. It still is. The military charge of "disgraceful conduct of an indecent kind" remains extant as witnessed here:

Court martial results from the military court centres: January to December 2020 - GOV.UK (publishing.service.gov.uk)

or here: 

British soldiers charged with disgraceful conduct over alleged sex assault - BBC News

Absent from the initial link, showing curiously diverse offences, is any reference to homosexual activity.  Today, any such act of a sexual nature that occurs in private between consenting adults is not (generally) regarded as indecent.  A hundred years ago, and indeed up to roughly ninety-ish years past, absolutely any homosexual activity would certainly have been considered "disgraceful conduct of an indecent kind"

To me this indicates a likely background scenario for the charge of "disgraceful conduct of an indecent kind".

You also mention the broad term discharged as "incorrigible and worthless".  Please be advised that this is a generalisation and a far from uncommon scenario.  It is a catch all caveat for discharge and can be made to fit most scenarios eg  Alexander Petrie, SDG, April 1904, "striking his superior officer" sentenced to 112 days imprisonment with hard labour (not his first offence by the way). Sent back to England in June 1904, discharged as "Incorrigible and Worthless".

Matlock1418's newspaper suggestion is most sound.