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

offences relating to the army, navy and air force

Criminal

Punishment

Imprisonment up to 6 months, or fine, or both

As the section puts it: “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”

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.

Old <-> New Code Mapping

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