40. Arrest in case of person whose trial has been ordered.
(1)Unless the convening authority has otherwise directed, on the commencement of the trial of a person by the court, the said person shall be placed under arrest by his Commandant and shall remain under arrest during the trial.(2)Where a sentence lower than that of imprisonment is passed by a court, the arrested person may be released by his Commandant pending confirmation of the finding and sentence:Provided that the convening authority may rescind, vary or modify the order passed by a Commandant under sub-rule (1) or sub-rule (2) and where no such order is passed by a Commandant, the convening authority may pass such order as it may deem proper:Provided further that a person who has been sentenced to be dismissed shall not, except while on active duty, be put on any duty.
