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BNS Section 162: Abetment of Such Assault, if Assault Committed
Section 162 of BNS is part of Chapter 8 - Offences relating to the army, navy and air force in Bharatiya Nyaya Sanhita 2023 Act. It deals with the abetment of an assault on a superior officer when the assault has been carried out. This provision specifically addresses the accountability of those who encourage, incite, or assist in such assaults. It emphasises maintaining the authority and discipline essential to the functioning of the armed forces.
Definition of BNS Section 162
Section 162 of the BNS 2023 States:
Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy orAir 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.
Explanation and Illustration of BNS Section 162
Section 162 of the BNS deals with abetment of an assault on a superior officer when the assault has been committed. It applies to the members of the Indian Army, Navy, or Air Force and holds liable persons who abet, incite, or help in the commission of such an assault. The provision emphasises maintaining discipline, hierarchy, and respect for authority within the armed forces. The law recognises the important role that military order plays and punishes those whose acts contribute to undermining such order. Under this section, imprisonment and/or a fine are possible for prisoners even for those whose seriousness of offense warrants these sentences.
Illustration of Section 162 (Bharatiya Nyaya Sanhita, 2023).
Suppose a soldier A encourages another soldier B to attack the commanding officer while on field exercise. Based on A's incitement, B attacks the superior officer and hurts him. In this situation, A is liable for abetment under Section 162 because his incitement resulted in the assault. A can be charged and punished for abetting the crime, not having committed the assaulting himself.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points in Section 162
BNS-162 acts as a preventive measure against any action that brings down military authority. It strengthens respect for superior officers and upholds the integrity and discipline required for smooth military operations. Here are some of the key points:
- Abetment is a term used to describe encouraging, aiding, or provoking a person to commit an offense. According to BNS-162, it means actions that lead to an assault on a superior officer
- This provision is applicable to members of the Indian Army, Navy, or Air Force. It particularly focuses on military discipline and conduct
- The law deals with assault against superior officers. This is essential for preserving the hierarchical structure and discipline in military forces
- The word 'in the execution of his office' means that the superior officer must be performing official duties at the time of the assault, and thus, it shows the protection given during service-related tasks
- If an assault is committed due to abetment, then the abettor is given severe punishments:
- Imprisonment for up to seven years, which shows the seriousness of the offense.
- A fine, which adds a financial consequence to the punishment.
Differences Between Section 162 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 162 of BNS and its equivalent IPC section 134 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 |
|---|---|---|---|
| 162 | Abetment of such assault, if the assault is committed. | 134 | No change. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 162 of the Bharatiya Nyaya Sanhita (BNS)
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