BNS Section 159: Abetting Mutiny, or Attempting to Seduce a Soldier, Sailor or Airman From his Duty
Section 159 of BNS is part of Chapter 8 - Offences relating to the army, navy and air force in Bharatiya Nyaya Sanhita Act, 2023 . It addresses the offense of abetting mutiny or attempting to seduce a soldier, sailor, or airman from their duty. This provision is critical for maintaining discipline, loyalty, and operational integrity within the armed forces.
Definition of BNS Section 159
Section 159 of the BNS 2023 States:
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 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.
Explanation and Illustration of BNS Section 159
Section 159 of the Bharatiya Nyaya Sanhita, 2023 penalises acts abetting or inducing members of the armed forces—the officers, soldiers, sailors, or airmen, as the case may be, belonging to the Army, the Navy, or the Air Force of the Government of India —to commit mutiny or revolt against their allegiance or duty. This section focuses on both abettors (those who encourage, support, or incite others to mutiny) and those who try to seduce or influence military personnel to forsake their loyalty to the state.
Scenario 1: Abetting Mutiny
A civilian sympathising with a political cause incites a group of military officers to begin a mutiny. The civilian furnishes the officers with money, resources, and persuasive arguments that encourage them to disobey orders from their superiors and revolt against the government.
Legal Consequence: The civilian would be charged under Section 159 for abetment of mutiny. The court could impose a life term or up to ten years along with a fine on conviction.
Scenario 2: Attempt to Seduce from Allegiance
An angry retired military man makes contact with a serving soldier to persuade him away from loyalty toward the Indian state and over into a foreign state's army or rebel militia. The retired soldier attempts to inject seeds of doubt about his sense of duty and obligation toward the country within the mind of the soldier.
Legal Consequence: The ex-officer would be indictable for attempting to seduce a soldier from his allegiance and duty. Upon conviction, the ex-officer might face imprisonment for up to ten years with a fine.
Scenario 3: Seducing Military Personnel to Disobey Orders
A political activist speaks to airmen at an airbase, telling them to defy orders if those orders go against their personal sense of ethics. The activist convinces them to disobey the orders from their commanders and potentially commit acts against the military leaders.
Legal Consequence: The activist would be prosecuted under Section 159 for attempting to seduce military personnel from their duty. Upon conviction, they could face imprisonment for up to ten years and a fine.
Key Points in Section 159
Section 159 safeguards national security and the stability of the defense forces. The section prescribes strict penalties, including imprisonment and fines, to deter such actions and reinforce the importance of duty and allegiance among members of the military. This helps ensure the armed forces remain cohesive and effective in protecting the nation.
- This section criminalises abetting mutiny, meaning encouraging or assisting military personnel to rebel against military authority
- It applies to members of the Indian Army, Navy, and Air Force, emphasising the seriousness of threats to military discipline
- Any effort to incite military personnel to abandon their loyalty or duty is punishable
- Those convicted may face life imprisonment or up to 10 years of imprisonment, along with fines
- This section is crucial to maintaining order and discipline within the armed forces, protecting national security
- It aims to prevent mutiny and rebellion that can jeopardise military operations and national defense.
Differences Between Section 159 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 159 of BNS and its equivalent IPC section 131 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 159 | Abetting mutiny, attempting to seduce a soldier, sailor or airman from his duty. | 131 | No change. |
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FAQs about Section 159 of the Bharatiya Nyaya Sanhita (BNS)
What does 'undermining loyalty' mean under Section 159?
Section 159 makes it illegal for any action that is attempted to undermine a soldier's, sailor's, or airman's loyalty to his military duty. It does include any act or encouragement which induces military personnel to rebel, desert or abandon their allegiance to the armed forces and its authority.
How is Section 159 relevant to military discipline?
Section 159 is, therefore, critical in maintaining discipline in the armed forces and national security as a whole. It prevents mutiny and the abetment of it and thus prevents those actions that might disturb the armed forces, keeping them loyal, coherent, and efficient at their jobs.
Does Section 159 apply to civilians?
No, Section 159 is particularly confined to the personnel of armed forces. Nevertheless, civilians, while abetting military personnel in participating in a collective act of mutiny, shall still be accountable under the same law on those sections concerning the acts of sedition or conspiracy.
What does 'disloyalty to military authority' mean?
Disloyalty to military authority, under Section 159, refers to actions that encourage or lead military personnel to defy their superiors, break ranks, or engage in rebellious behavior against the structure and order of the armed forces, ultimately harming military cohesion.
Can a person be charged under Section 159 without being directly involved in mutiny?
Yes, people can be prosecuted under Section 159 even if they do not take part in the mutiny but are found to have abetted or incited the mutiny. Encouraging, supporting, or helping those who engage in mutiny is considered an offense.
What is the role of Section 159 in national security?
Section 159 is an important part of national security as it inhibits mutiny and rebellion within the armed forces. Mutiny can severely impact military operations, create disorder, and undermine national defense, so this section helps prevent such acts that may be detrimental to the country's security.
Are there any defenses against charges under Section 159?
Defenses against charges under Section 159 may include proving that the individual was not involved in encouraging or abetting mutiny, or that their actions did not directly lead to mutinous behavior. Legal defenses may depend on the facts of each case and the evidence presented.
How does Section 159 relate to sedition laws?
While Section 159 specifically targets mutiny among the armed forces, sedition laws deal with acts that instigate disaffection or rebellion against the government or public authority. Both are serious offenses and Section 159 applies specifically to military personnel and crimes of mutiny.
