BNS Section 162 – Abetment of such assault, if the assault committed
IPC Section – 134
Abetment of such assault, if the assault committed.
Summary of the Offence
| Offence | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Court |
|---|---|---|---|---|
| Abetment of assault, if the assault is committed | Imprisonment for up to 7 years and fine | Cognizable | Non-bailable | Magistrate of the first class |
What is this Section About?
This section addresses the crime of abetting an assault on a superior officer in the Army, Navy, or Air Force. If an individual encourages or assists in such an assault, and the assault is actually committed as a result of that abetment, they will face severe legal consequences.
Key Points
Definition of Abetment:
- Abetment involves encouraging, assisting, or inciting someone to commit a crime. In this case, it refers to actions that lead to an assault on a superior officer.
Scope of Offenders:
- This law specifically applies to members of the Army, Navy, or Air Force of India, emphasizing the importance of maintaining military discipline and hierarchy.
Target of the Assault:
- The law focuses on assaults directed at a superior officer, recognizing the need to protect officers and maintain order within the military ranks.
Execution of Office:
- The phrase “in the execution of his office” means that the superior officer must be carrying out their official duties at the time of the assault. This ensures that the law safeguards officers while they are fulfilling their responsibilities.
Consequences of Abetment:
- If an assault occurs as a result of abetment, the individual who abetted the assault can face:
- Imprisonment for up to 7 years, reflecting the gravity of the crime.
- A fine, in addition to imprisonment, further penalizing the offender.
Significance:
- BNS-162 serves as a deterrent against actions that undermine the authority and discipline of military personnel. It emphasizes the importance of respecting superior officers and ensuring military operations are conducted with integrity and order.
