Section 138 · Abetment of act of insubordination by soldier, sailor or airman
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Whoever abets what he
knows to be an act of insubordination by an officer, soldier, 1
[sailor or airman], in the Army, 2
[Navy or air
Force], of the 3[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 six
months, or with fine, or with both.
The offence at a glance
- Punishment
- up to 0 years, fine (no stated ceiling)
- Cognizable
- Cognizable
- Bailable
- Bailable
- Compoundable
- Not compoundable
- Triable by
- Any Magistrate
- Cognizable — Police may arrest without a warrant
- Bailable — Bail is your right — it can be granted at the police station
From the First Schedule to the BNSS (the CrPC's, for IPC offences)
In the new law
IPC 138BNS 166
166. Abetment of act of insubordination by soldier, sailor or airman.
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How this section has changed
The law that applies is the law as it stood on the date of the offence — which is why this timeline matters.
- 1927Substituted
By: Act 10 of 1927
The text this replaced
or sailor
- 1950Substituted
By: the A. O. 1950
The text this replaced
Queen
The text in force on the date of the offence is the text that applies — a later amendment does not reach back.