KembaraXtra - Bharatiya Nyaya Sanhita - Section 162 - Abetment of Such Assault, If Assault Committed

KembaraXtra - Bharatiya Nyaya Sanhita - Section 162 - Abetment of Such Assault, If Assault Committed

Introduction

Section 162 of the Bharatiya Nyaya Sanhita, 2023, deals with the abetment of an assault committed by an officer, soldier, sailor or airman against a superior officer who is performing official duties.

The provision applies where a person abets such an assault and the assault is actually committed as a consequence of that abetment.

It therefore addresses the responsibility of a person whose abetment results in an assault upon a superior officer engaged in the execution of official duties.

Meaning of Section 162

Under Section 162, a person commits an offence if they abet an assault by an officer, soldier, sailor or airman serving in the Army, Navy or Air Force of the Government of India against a superior officer who is carrying out official duties.

However, the provision requires that the assault must actually take place as a consequence of the abetment.

Accordingly, Section 162 concerns not merely the abetment of an assault but a situation in which the abetted assault is subsequently committed.

Essential Ingredients of Section 162

1. There Must Be Abetment of an Assault

The accused must abet an assault against a superior officer.

The provision is directed at the person who abets the assault, rather than being confined to the service member who physically commits it.

2. The Assault Must Be Committed by Specified Armed Forces Personnel

The assault must be committed by an officer, soldier, sailor or airman serving in the Army, Navy or Air Force of the Government of India.

The provision specifically identifies these categories of service personnel.

3. The Victim Must Be a Superior Officer

The assault must be directed against a superior officer.

The section therefore concerns an assault involving the superior-subordinate relationship within the specified armed services.

4. The Superior Officer Must Be Executing Official Duties

The superior officer must be engaged in the execution of their office when the assault occurs.

This requirement connects the offence with the superior officer’s performance of official responsibilities.

5. The Assault Must Actually Be Committed

Section 162 expressly requires the assault to be committed.

Therefore, the provision applies where the assault contemplated by the abetment has actually taken place.

6. The Assault Must Result from the Abetment

The assault must be committed as a consequence of the accused person’s abetment.

There must therefore be a connection between the abetment and the commission of the assault.

The occurrence of an assault alone does not satisfy this requirement unless it was committed in consequence of the abetment.

Punishment Under Section 162

A person who commits the offence under Section 162 may be punished with:

• Imprisonment of either description for a term extending up to seven years; and
• Liability to fine.

The provision therefore prescribes imprisonment extending up to seven years and additionally makes the offender liable to a fine.

The supplied statutory text does not specify a numerical maximum amount for the fine.

Classification of the Offence

According to the classification provided in the supplied text:

Nature of Offence: Cognizable.

Bail: Non-Bailable.

Triable By: Magistrate of the First Class.

Commentary

Section 162 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 134 of the Indian Penal Code, 1860.

According to the supplied commentary, the language of the provision remains unchanged.

The provision has been retained in the Bharatiya Nyaya Sanhita in the same form as its corresponding provision under the Indian Penal Code.

Key Takeaway

Section 162 makes it an offence to abet an assault by an officer, soldier, sailor or airman serving in the Army, Navy or Air Force of the Government of India against a superior officer who is executing official duties, provided the assault is actually committed as a consequence of the abetment.

The essential requirements are abetment, an assault by the specified armed forces personnel, a superior officer performing official duties, and actual commission of the assault resulting from the abetment.

The punishment may extend to seven years’ imprisonment, and the offender is also liable to a fine.

The offence is cognizable, non-bailable and triable by a Magistrate of the First Class.

IPC Equivalent: Section 134 IPC.

Legislative Position: The language remains unchanged, and the provision has been retained as it was.

Final Memory Formula

SECTION 162 = ABETMENT OF ASSAULT + OFFICER, SOLDIER, SAILOR OR AIRMAN OF THE INDIAN ARMED FORCES + SUPERIOR OFFICER EXECUTING OFFICIAL DUTIES + ASSAULT ACTUALLY COMMITTED AS A CONSEQUENCE OF ABETMENT = UP TO SEVEN YEARS’ IMPRISONMENT AND LIABILITY TO FINE.