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.
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. |
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FAQs about Section 167 of the Bharatiya Nyaya Sanhita (BNS)
How long can an accused be held under Section 167?
Under Section 167, an accused person can be detained for a maximum of 90 days in cases involving serious offenses and up to 60 days for less severe offenses. After this period, the accused must be released if charges are not framed.
What is the significance of judicial oversight in Section 167?
Section 167 mandates that judicial officers review the detention periodically. This ensures that an accused person’s detention is justified and not excessive, providing a check on the powers of law enforcement agencies to prevent arbitrary imprisonment.
Can an accused be denied bail under Section 167?
Yes, Section 167 allows an accused person to be denied bail during the detention period, especially in cases involving serious offenses.
What happens after the maximum detention period?
If the maximum detention period expires without filing formal charges, the accused must be released from custody. The investigation may continue, but the accused cannot remain in custody unless new grounds for detention arise under the law.
What role does the Magistrate play in Section 167?
The Magistrate plays a critical role in authorising and reviewing the detention of an accused person under Section 167. The Magistrate ensures that detention is lawful, and they must assess the reasons for further custody at regular intervals.
Can the detention period be extended under Section 167?
Yes, under Section 167, the detention period can be extended if the investigation is not completed within the prescribed time limits. However, extensions require judicial approval, and the total detention cannot exceed the statutory limits of 90 or 60 days, depending on the offense.
Does Section 167 apply to all offenses?
No, Section 167 specifically applies to cases where the investigation is ongoing and the accused has not yet been formally charged. It applies to serious offenses with lengthy investigation periods but does not apply to all criminal offenses equally.
