Chapter VIII – Of Offences Relating To The Army, Navy And Air Force
Section 159 – Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.
Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force subject to the Acts referred to in section 165 of the Government of India or attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
BNSS Classification
- Imprisonment for life, or imprisonment for 10 years and fine.
- Cognizable
- Non-bailable
- Triable by Court of Session.
Section 160 – Abetment of mutiny, if mutiny is committed in consequence thereof.
Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
BNSS Classification
- Death, or imprisonment for life, or imprisonment for 10 years and fine.
- Cognizable
- Non-bailable
- Triable by Court of Session.
Section 161 – Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.
Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
BNSS Classification
- Imprisonment for 3 years and fine.
- Cognizable
- Non-bailable
- Triable by Magistrate of the first class.
Section 162 – Abetment of such assault, if the assault committed.
Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
BNSS Classification
- Imprisonment for 7 years and fine.
- Cognizable
- Non-bailable
- Triable by Magistrate of the first class.
Section 163 – Abetment of desertion of soldier, sailor or airman.
Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
BNSS Classification
- Imprisonment for 2 years, or fine, or both.
- Cognizable
- Bailable
- Triable by Any Magistrate.
Section 164 – Harbouring deserter.
Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.
Exception: This provision does not extend to the case in which the harbour is given by the spouse of the deserter.
BNSS Classification
- Imprisonment for 2 years, or fine, or both.
- Cognizable
- Bailable
- Triable by Any Magistrate.
Section 165 – Deserter concealed on board merchant vessel through negligence of master.
The master or person in charge of a merchant vessel, on board of which any deserter from the Army, Navy or Air Force of the Government of India is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding three thousand rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.
BNSS Classification
- Fine of 3,000 rupees.
- Non-cognizable
- Bailable
- Triable by Any Magistrate.
Section 166 – Abetment of act of insubordination by soldier, sailor or airman.
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 two years, or with fine, or with both.
BNSS Classification
- Imprisonment for 2 years, or fine, or both.
- Cognizable
- Bailable
- Triable by Any Magistrate.
Section 167 – Persons subject to certain Acts.
No person subject to the Army Act, 1950 the Indian Navy (Discipline) Act, 1934, or the Air Force Act, 1950 shall be subject to punishment under this Sanhita for any of the offences defined in this Chapter.
Section 168 – Wearing garb or carrying token used by soldier, sailor or airman.
Whoever, not being a soldier, sailor or airman in the Army, Naval or Air service of the Government of India, wears any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both.
BNSS Classification
- Imprisonment for 3 months, or fine of 2,000 rupees, or both.
- Cognizable
- Bailable
- Triable by Any Magistrate.