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
Breakdown (Plain English): Punishes anyone who abets (encourages/aids) a mutiny (rebellion against authority) by an officer or enlisted member of the Army, Navy, or Air Force. It also punishes anyone who attempts to lure such personnel away from their loyalty or duty.
Punishment: Imprisonment for life, or imprisonment up to ten years, and a fine.
Real-World Example: A civilian activist distributes propaganda leaflets to soldiers, actively urging them to disobey their lawful commands and turn against their superior officers.
Section 160: Abetment of mutiny, if mutiny is committed in consequence thereof
Breakdown (Plain English): This is an aggravated form of Section 159. It punishes the abettor if their encouragement or aid to commit mutiny (covered in Sec 159) actually results in the mutiny taking place.
Punishment: Death, or imprisonment for life, or imprisonment up to ten years, and a fine.
Real-World Example: A junior officer encourages and assists a group of soldiers to seize weapons and lock their commanding officer in the barracks, and the soldiers successfully carry out this mutiny.
Section 161: Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
Breakdown (Plain English): Punishes anyone who abets (encourages or aids) an officer or enlisted member of the Army, Navy, or Air Force in assaulting a superior officer who is currently performing their official duties.
Punishment: Imprisonment up to three years, and a fine.
Real-World Example: A civilian working on a military base encourages a soldier to punch his commanding officer (the superior) while the officer is conducting a morning inspection (execution of duty). The civilian is guilty of abetment.
Section 162: Abetment of such assault, if assault committed
Breakdown (Plain English): This is an aggravated form of Section 161. It punishes the abettor if their encouragement or aid to commit the assault on a superior officer actually results in the assault taking place.
Punishment: Imprisonment up to seven years, and a fine.
Real-World Example: Following the example above, if the soldier actually carries out the punch against the commanding officer, the civilian abettor is liable for the enhanced punishment.
Section 163: Abetment of desertion of soldier, sailor or airman
Breakdown (Plain English): Punishes anyone who abets (encourages or aids) an officer or enlisted member of the Army, Navy, or Air Force in deserting (leaving service illegally).
Punishment: Imprisonment up to two years, or a fine, or both.
Real-World Example: A friend of a sailor encourages him to leave his post and hide in a different city to avoid deployment, even giving him train tickets for the purpose.
Section 164: Harbouring deserter
Breakdown (Plain English): Punishes anyone who harbours (gives shelter, food, money, etc. to) an officer or enlisted member of the Army, Navy, or Air Force, knowing or having reason to believe that the person is a deserter.
Punishment: Imprisonment up to two years, or a fine, or both.
Exception: This rule does not apply if the person providing the harbour is the spouse of the deserter.
Real-World Example: A hotel manager allows a man in a military uniform to hide in a room free of charge, knowing from news reports that the man has deserted his regiment.
Section 165: Deserter concealed on board merchant vessel through negligence of master
Breakdown (Plain English): Punishes the master or person in charge of a merchant vessel (a commercial ship) if a deserter is found concealed on board. The master is liable even if they were unaware of the concealment, provided they could have known if they had exercised proper duty of care or maintained proper discipline on the vessel.
Punishment: A fine not exceeding ₹3,000.
Real-World Example: A ship captain fails to conduct the required security check of the cargo hold before sailing. A navy deserter is later found hidden in the hold. Even though the captain didn’t know he was there, he is liable due to his negligence in checking the ship.
Section 166: Abetment of act of insubordination by soldier, sailor or airman
Breakdown (Plain English): Punishes anyone who abets an act of insubordination (willful disobedience of lawful order) by a member of the Armed Forces, knowing the act to be insubordination. This applies only if the act of insubordination actually occurs as a result of the abetment.
Punishment: Imprisonment up to two years, or a fine, or both.
Real-World Example: A political pundit publicly broadcasts a message urging soldiers stationed at a post to ignore their orders to patrol, and a soldier actually does ignore a patrol order as a result of the broadcast.
Section 167: Persons subject to certain Acts
Breakdown (Plain English): This is a clarifying section. No person who is already subject to the Air Force Act, 1950, the Army Act, 1950, or the Navy Act, 1957 can be punished under this Chapter (Chapter VIII) of the Bharatiya Nyaya Sanhita for the same offenses.
Purpose: To prevent double jeopardy and ensure that military personnel are typically tried by military courts (Courts-martial) for service-related offenses.
Real-World Example: A soldier who deserts is tried under the Army Act and is subject to military law. They cannot then be separately prosecuted under BNS Section 163 for the same desertion.
Section 168: Wearing garb or carrying token used by soldier, sailor or airman
Breakdown (Plain English): Punishes anyone who is not a member of the Armed Forces but wears a uniform or carries a symbol/token that resembles one used by the Armed Forces. This is a crime only if done with the intention of being believed to be a soldier, sailor, or airman.
Punishment: Imprisonment up to three months, or a fine up to ₹2,000, or both.
Real-World Example: A person wears a highly realistic replica of an Army officer’s uniform to gain preferential treatment or respect, intending for others to believe he is an active officer.
