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BNS Section 167: Persons Subject to Certain Acts
Section 167 of BNS is part of Chapter 8 - Offences relating to the army, navy and air force in Bharatiya Nyaya Sanhita 2023 Act. addresses the individuals subject to specific acts in relation to military personnel. This provision outlines the responsibilities and restrictions imposed on certain persons who are involved with or have direct relationships with military members.
Definition of BNS Section 167
Section 167 of the BNS 2023 States:
No person subject to the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957, or shall be subject to punishment under this Sanhita for any of the offences defined in this Chapter
Explanation and Illustration of BNS Section 167
BNS Section 167 states that persons such as military officers, soldiers, sailors, and airmen are also subject to certain acts of law and regulation in respect of their conduct in the armed forces. This section also ensures that specified actions, including interference in military discipline or providing unauthorised aid, may have legal implications.
It outlines the responsibilities these people have toward upholding the integrity of the armed forces and their accountability in case they carry out actions that may undermine military operations.
Illustration
Person A is a civilian and Person B is a soldier whom he incites to disregard his duties by furnishing information likely to affect the proper functioning of the armed forces. Then, Person A shall be liable for punishment under Section 167 of the BNS.
The law also addresses military personnel who neglect their duties but targets those who knowingly interfere with or aid any misconduct related to the armed forces. It deters any attempt from within or without to undermine military operations and ensures that all persons, whether within or outside the military, are responsible for acts that jeopardise national security.
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 167
- It is the section, which gives immunity to those people who are covered by the military laws such as the Army Act, 1950, Indian Navy (Discipline) Act, 1934, and Air Force Act, 1950.
- These Military laws govern their own procedures and penalties to be followed while dealing with any offense committed by any member of the armed forces
- Under this section, military personnel will be governed under the military law system rather than civilian laws concerning offenses falling under the purview of this chapter of the BNS
- As long as the military personnel are governed under military law, offenses such as assault, insubordination, etc., discussed in this chapter of the BNS do not apply to them. The respective armed forces have their disciplinary procedures for dealing with misconduct and offenses committed by military personnel.
Differences Between Section 167 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 167 of BNS and its equivalent IPC section 139 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 |
|---|---|---|---|
| 167 | Persons subject to certain Acts. | 139 | 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 167 of the Bharatiya Nyaya Sanhita (BNS)
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