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KembaraXtra - Bharatiya Nyaya Sanhita - Section 167 - Persons Subject to Certain Acts
Introduction
Section 167 of the Bharatiya Nyaya Sanhita, 2023, deals with the application of the Sanhita to persons who are governed by certain laws relating to the armed forces.
The provision specifies that persons subject to the Air Force Act, 1950, the Army Act, 1950, or the Navy Act, 1957, are not liable to punishment under the Bharatiya Nyaya Sanhita for offences defined in the particular chapter in which Section 167 appears.
The section therefore establishes an exception concerning the application of the offences contained in that chapter to persons governed by the specified service laws.
Meaning of Section 167
Under Section 167, a person who is subject to any of the following enactments cannot be punished under the Bharatiya Nyaya Sanhita for offences defined in this chapter:
- The Air Force Act, 1950 (Act 45 of 1950).
- The Army Act, 1950 (Act 46 of 1950).
- The Navy Act, 1957 (Act 62 of 1957).
Accordingly, the provision excludes persons governed by these specified enactments from punishment under the Sanhita for the offences falling within this chapter.
The exclusion is expressly connected with offences defined in the chapter. It should therefore not be understood as a general exemption from every offence under the Bharatiya Nyaya Sanhita.
Scope of the Provision
Section 167 applies to persons who are subject to the three specified laws governing the armed services.
The important consideration is whether the person falls within the application of the Air Force Act, 1950, the Army Act, 1950, or the Navy Act, 1957.
Where a person is governed by one of these enactments, Section 167 prevents punishment under the Bharatiya Nyaya Sanhita for offences defined in the relevant chapter.
The provision thus recognises a distinction between persons governed by the specified armed forces legislation and persons who are not subject to those enactments.
Commentary
Section 167 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 139 of the Indian Penal Code, 1860.
According to the supplied commentary, the wording of the provision remains substantially unchanged.
However, the expression “Code” has been replaced with “Sanhita” to reflect the terminology of the Bharatiya Nyaya Sanhita, 2023.
The commentary also indicates that a change has been made to the reference concerning the earlier naval legislation. However, the final portion of the supplied commentary is incomplete and does not fully explain that change.
Key Takeaway
Section 167 provides that persons subject to the Air Force Act, 1950, the Army Act, 1950, or the Navy Act, 1957, are not liable to punishment under the Bharatiya Nyaya Sanhita for offences defined in the chapter containing this provision.
The exception is limited to the offences specified in that chapter and does not create a general exemption from the entire Sanhita.
IPC Equivalent: Section 139 IPC.
Legislative Position: The provision has been substantially retained, with “Code” replaced by “Sanhita” and an updated reference to naval legislation indicated in the supplied commentary.
Final Memory Formula:
SECTION 167 = PERSON SUBJECT TO AIR FORCE ACT, 1950 / ARMY ACT, 1950 / NAVY ACT, 1957 + OFFENCE DEFINED IN THIS CHAPTER = NO PUNISHMENT UNDER THE BNS FOR THAT CHAPTER’S OFFENCES.
