BNS Section 161 : Abetment of Assault by Soldier, Sailor or Airman on his Superior Officer, When in the Execution of His Office

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.

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