BNS Section 166 – Abetment of act of insubordination by soldier, sailor or airman
IPC Section – 138
Abetment of Act of Insubordination by Soldier, Sailor, or Airman
1. What is the Offence?
This law criminalizes the act of abetting (encouraging, supporting, or assisting) an officer, soldier, sailor, or airman in the Army, Navy, or Air Force of the Government of India to commit an act of insubordination.
- Insubordination: Disobeying orders or defying the authority of a superior officer in the military.
- Condition for Punishment: The act of insubordination must actually occur as a result of the abetment.
2. Key Elements of the Offence
- Abetment: Encouraging, supporting, or assisting insubordination.
- Knowledge: The abettor must know that their actions are encouraging insubordination.
- Application: Applies to officers, soldiers, sailors, or airmen in the Indian Armed Forces.
- Consequence: The act of insubordination must be committed as a result of the abetment.
3. Punishment
- Imprisonment: Up to 2 years (simple or rigorous), or
- Fine, or
- Both imprisonment and fine.
4. Type of Offence
- Cognizable: Police can arrest without a warrant.
- Bailable: The accused can claim bail as a right.
- Court: The case will be tried by any Magistrate.
5. Purpose of the Law
- The law aims to deter individuals from encouraging or supporting insubordination in the armed forces.
- It ensures strict consequences for those who undermine military discipline and authority.
Summary of the Offence
| Offence | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Court |
|---|---|---|---|---|
| Abetment of act of insubordination by an officer, soldier, sailor, or airman | Up to 2 years imprisonment, fine, or both | Cognizable | Bailable | Any Magistrate |