- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 166 - Abetment of Act of Insubordination by Soldier, Sailor or Airman
Introduction
Section 166 of the Bharatiya Nyaya Sanhita, 2023, deals with the abetment of an act of insubordination committed by an officer, soldier, sailor or airman serving in the Army, Navy or Air Force of the Government of India.
The provision applies where a person knowingly abets an act of insubordination and that act is subsequently committed as a consequence of the abetment.
The section therefore addresses conduct that encourages or assists insubordination within the armed forces, provided the statutory requirements are satisfied.
Meaning of Section 166
Under Section 166, a person commits an offence if they abet an act that they know amounts to insubordination by an officer, soldier, sailor or airman serving in the Army, Navy or Air Force of the Government of India.
However, the provision requires that the act of insubordination must actually be committed as a consequence of the abetment.
Accordingly, the section concerns the abetment of known insubordination where the prohibited act takes place because of that abetment.
Essential Ingredients of the Offence
1. There Must Be Abetment
The accused must abet an act of insubordination.
The provision is directed at a person who encourages or otherwise abets the commission of such an act.
2. Knowledge That the Act Constitutes Insubordination
The accused must know that the act being abetted is an act of insubordination.
This requirement is expressly stated in Section 166.
Therefore, the provision requires knowledge of the insubordinate character of the act being abetted.
3. The Act Must Concern a Member of the Specified Armed Services
The act of insubordination 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.
4. The Act of Insubordination Must Actually Be Committed
Section 166 requires the act of insubordination to be committed.
The provision is therefore concerned with a situation in which the abetted act has actually taken place.
5. The Act Must Be Committed in Consequence of the Abetment
It is also necessary that the act of insubordination be committed as a consequence of the accused person’s abetment.
Thus, the section requires a connection between the abetment and the subsequent act of insubordination.
Punishment Under Section 166
A person who commits the offence under Section 166 may be punished with:
- Imprisonment of either description for a term extending up to two years; or
- Fine; or
- Both imprisonment and fine.
The provision permits imprisonment, fine or both.
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: Bailable.
Triable By: Any Magistrate.
Commentary
Section 166 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 138 of the Indian Penal Code, 1860.
According to the supplied commentary, the language of the provision remains unchanged.
However, the commentary indicates that the maximum term of imprisonment has been modified.
The supplied extract ends before the commentary fully explains the change in the maximum imprisonment term.
Under the statutory text provided, the maximum punishment is imprisonment of either description for two years, or fine, or both.
Key Takeaway
Section 166 makes it an offence to knowingly abet an act of insubordination by an officer, soldier, sailor or airman serving in the Army, Navy or Air Force of the Government of India, where the act is actually committed as a consequence of that abetment.
The essential requirements are abetment, knowledge that the act constitutes insubordination, commission of the act by the specified service personnel and a connection between the abetment and the commission of the act.
The punishment may extend to two years’ imprisonment, or fine, or both.
The offence is cognizable, bailable and triable by any Magistrate.
IPC Equivalent: Section 138 IPC.
Legislative Position: The supplied commentary states that the language remains unchanged but indicates a modification to the maximum term of imprisonment.
Final Memory Formula:
SECTION 166 = KNOWING ABETMENT OF INSUBORDINATION + OFFICER, SOLDIER, SAILOR OR AIRMAN OF THE INDIAN ARMED FORCES + ACT COMMITTED AS A CONSEQUENCE OF ABETMENT = UP TO TWO YEARS’ IMPRISONMENT OR FINE OR BOTH.
