IPC Section 138 — Abetment of act of insubordination by soldier, sailor or airman

Summary

If a person encourages or helps a soldier, sailor, or airman in the Indian armed forces to disobey a superior officer, and that person knows the act is one of insubordination, then that person is guilty of abetment. The punishment applies only if the act of insubordination actually happens because of that encouragement or help. The punishment can be imprisonment for up to six months, a fine, or both.

Official Text

Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or air Force, of the Government of India, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Related Judgments

• S.C.R. 613 UNION OF INDIA v. V. SRI HARAN — Supreme Court of India (2015)
• ... Appellant/Accused vs State represented by — Madras High Court (2014)
• Petitioner vs 1.The District Collector, — Madras High Court (2002)
• .. Petitioner vs 1. The Secretary, — Madras High Court (2019)
• ... Petitioners/Accused No.3&4 vs 1. State, — Madras High Court ()
• SC (2018) Vol.6 p.1 — Supreme Court of India (2018)
• Crl.A.No.228/2010 vs State rep.by: — Madras High Court (2010)
• SANGEETABEN MAHENDRABHAI PATEL v. STATE1163 OF GUJARAT AND ANR — Supreme Court of India (2012)

Old <-> New Code Mapping

• BNS §166 — Abetment of act of insubordination by soldier, sailor or airman