BNS Section 161 : Abetment of Assault by Soldier, Sailor or Airman on his Superior Officer, When in the Execution of His Office
Section 161 of BNS is part of Chapter 8 - Offences relating to the army, navy and air force in Bharatiya Nyaya Sanhita Act, 2023. It covers the offense of abetment of assault by a soldier, sailor, or airman against their superior officer while the superior is acting in the execution of their duties.
Definition of BNS Section 161
Section 161 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 161
BNS Section 161 deals with the section of abetment of assault by a soldier, sailor or airman on superior officer of that soldier, sailor or airman, when superior officer is acting in execution of his duties. This section again throws light on strict discipline and authority which is most essential for smooth running of armed forces and safety of the nation. Abetting such an assault upsets military order and breaks the chain of command.
The law, therefore, criminalises not only the assault itself but any instigation, encouragement, or aiding of such conduct. The provision underlines the respect, discipline, and the unyielding service member's duty to obey orders.
Illustration:
Suppose a soldier, X, feels wronged by a lawful order given by their superior officer, Y, while Y is on duty. If X's colleague, Z, encourages X to physically attack Y in response to the perceived grievance, Z is guilty of abetment under Section 161.
Even if Z does not participate in the assault directly, the act of inciting or instigating X to assault a superior officer constitutes a punishable offense under this section. This provision ensures that those who incite indiscipline and disobedience within the military ranks are held accountable.
Key Points in Section 161
Section 161 of the BNS 2023 addresses the abetment of assault by a member of the Army, Navy, or Air Force on a superior officer while performing official duties. The person who abets such an assault is liable to imprisonment for up to three years and may also face a fine. Here is an outline of the same:
- Abetment refers to instigating, supporting, or aiding someone in committing a crime. In this context, it pertains to actions that result in an assault on a superior officer
- This provision specifically applies to members of the Indian Army, Navy, or Air Force, highlighting its relevance to military personnel and their conduct
- The law addresses assaults against superior officers, reflecting the importance of maintaining the military hierarchy and discipline
- The term 'in execution of his office' means the superior officer must be carrying out official duties at the time of the assault. This ensures protection for officers while performing their responsibilities
- The consequences for abetting such assaults are severe:
- Imprisonment for up to three years, with varying types of imprisonment possible
- A fine may also be imposed, adding a financial penalty to the offense.
Differences Between Section 161 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 161 of BNS and its equivalent IPC section 133 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 |
|---|---|---|---|
| 161 | Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. | 133 | No change. |
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FAQs about Section 161 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 161 of BNS?
Section 161 of Bharatiya Nyaya Sanhita is on the abetment of assault on a superior officer by persons subject to BNS. The section maintains discipline and preserves the military hierarchy. It does this by punishing inciters or abettors of such an assault.
To whom does Section 161 apply?
This part applies to Indian Army, Navy, or Air Force personnel. This section puts a special twist on the scenario of military behavior and reiterates that discipline and respect for the armed forces should be kept in order.
What is abetment under Section 161?
Abetment includes inciting, promoting, or helping someone to commit an assault on a superior officer. It is concerned with words, acts, or connivance influencing or helping to carry out the assault.
What does 'superior officer' mean in Section 161?
A 'superior officer' refers to any officer who holds a higher rank or position within the armed forces. The section emphasises the fact that authority and discipline must be maintained in the military chain of command.
What does 'in the execution of his office' mean?
This term means that the superior officer should be performing his official duties when the assault takes place. This provision provides immunity to officers actively involved in their professional duties.
What are the penalties for violating Section 161?
Imprisonment may extend to three years and can be imposed upon those who are found guilty of abetting an assault on a superior officer. In addition to imprisonment, the offender may also be subjected to a fine; therefore, this punishment has an added financial cost.
Is imprisonment mandatory under Section 161?
Imprisonment is not always mandatory, but the law provides for a maximum of three years' imprisonment. The severity of the punishment depends on the circumstances and gravity of the offense.
