BNS Section 167 – Persons subject to certain Acts
IPC Section – 139
Persons subject to certain Acts.
No person subject to the Airforce Act, Army Act and Navy Act or shall be subject to punishment under this Sanhita for the offences defined in this chapter.
Exemption for Armed Forces Personnel
1. What is the Provision?
This section provides an exemption for individuals subject to military laws, specifically under:
- Army Act, 1950
- Indian Navy (Discipline) Act, 1934
- Air Force Act, 1950
Such individuals cannot be punished under the Bharatiya Nyay Sanhita (BNS) for offences defined in this chapter.
2. Key Elements of the Provision
- Exemption: Military personnel governed by the above Acts are not subject to punishment under the BNS for offences covered in this chapter.
- Exclusive Jurisdiction: Military laws provide their own rules, procedures, and punishments for offences committed by armed forces personnel.
- Offences in the Chapter: This chapter of the BNS deals with offences like assault, insubordination, etc., which are instead handled under military laws for armed forces personnel.
3. Purpose of the Provision
- To ensure that military personnel are governed and disciplined according to the military legal framework rather than civilian laws.
- It maintains the exclusive jurisdiction of military laws over offences committed by armed forces personnel.
Summary of the Provision
| Provision | Key Points |
|---|---|
| Persons subject to the Army Act, 1950, Indian Navy (Discipline) Act, 1934, or Air Force Act, 1950 | Exempt from punishment under BNS for offences defined in this chapter. |
| Exclusive Jurisdiction | Military personnel are governed by military laws for offences like assault, insubordination, etc. |
| Purpose | Ensures military personnel are disciplined under military laws, not civilian laws. |