BNS Section 161 – Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
IPC Section – 132
Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.
Summary of the Offence
| Offence | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Court |
|---|---|---|---|---|
| Abetment of assault by an officer, soldier, sailor, or airman on his superior officer, when in execution of his office | Imprisonment for 3 years and fine | Cognizable | Non-bailable | Magistrate of the first class |
What is this Section About?
This section deals with the crime of abetting an assault on a superior officer in the Army, Navy, or Air Force. If someone encourages or assists in such an assault while the officer is performing their official duties, they are committing an offence under this provision.
Key Points
Definition of Abetment:
- Abetment refers to encouraging, assisting, or helping someone to commit a crime. In this case, it involves aiding or inciting an assault on a superior officer.
Scope of Offenders:
- The law specifically applies to members of the Army, Navy, and Air Force of India. This highlights its focus on military discipline and conduct.
Target of the Assault:
- The offence targets assaults on superior officers while they are in the course of performing their official duties. It stresses the importance of protecting the authority and safety of superior officers during their service.
Execution of Office:
- The phrase “in execution of his office” means that the assault must occur while the officer is carrying out their official responsibilities. This ensures the law protects officers while they are fulfilling their duties.
Punishments:
- The punishment for abetting such an assault is imprisonment for up to 3 years, with the possibility of different types of imprisonment, and a fine.
Significance:
- This provision plays a vital role in maintaining discipline and order within the armed forces. By penalizing the abetment of assaults on superior officers, it helps uphold the hierarchy and ensures that military personnel respect the authority of officers.
