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BNS Section 166: Abetment of Act of Insubordination by Soldier, Sailor or Airman
Section 166 of BNS is part of Chapter 8 - Offences relating to the army, navy and air force in Bharatiya Nyaya Sanhita 2023 Act. It addresses the abetment of acts of insubordination by soldiers, sailors, or airmen. This provision focuses on penalising individuals who encourage, assist, or instigate military personnel to engage in insubordination, which includes disobedience or failure to follow lawful commands.
Definition of BNS Section 166
Section 166 of the BNS 2023 States:
Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force, of the Government of India, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation and Illustration of BNS Section 166
Section 166 of the Act states that it is an offense to abet insubordination by soldiers, sailors, or airmen. This section criminalises those persons who encourage or assist military personnel in disobeying lawful commands. The provision is aimed at protecting military discipline and preventing acts that may weaken the authority and working of the armed forces.
Illustration
A civilian, encouraging an act of insubordination by a soldier, promises such soldier support or protection against certain consequences of orders from a superior officer. The civilian thus commits an offense in abetting an act of disobedience by a soldier. This is under Section 166.
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 166
Abetment is the encouragement, aiding, or helping of someone in doing an offense. Here, it means helping or encouraging an individual serving in the armed forces - either in the Army, Navy, or Air Force - to commit acts of insubordination.
- Insubordination refers to a situation whereby one fails to comply with or show disobedience to a commanding officer's instructions in the armed forces
- This section extends to officers, soldiers, sailors, and airmen of the Indian Armed Forces
- To establish the offense, the abettor must have knowledge that his acts or omissions are causing the military personnel to become insubordinate
- The crime of abetment can be punished only when the act of insubordination occurs consequent to such abetment
- It merely means that it is the individual abettor who has done the act of disobedience, and the contribution of the abettor, either in persuading it or getting it to be done, is involved
- When the insubordination is performed through abetment, punishment to the abettor goes up to two years. A fine can also be imposed sometimes both.
Differences Between Section 166 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 166 of BNS and its equivalent IPC section 138 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 |
|---|---|---|---|
| 166 | Abetment of act of insubordination by soldier, sailor or airman. | 138 | Upper limit of imprisonment is increased from six months to two years. |
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 166 of the Bharatiya Nyaya Sanhita (BNS)
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