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Introduction of Section 159 BNS

BNS Section 159 of the Bharatiya Nyaya Sanhita covers serious offenses related to the military. It deals with people who encourage or help a soldier, sailor, or airman from the Indian Army, Navy, or Air Force to commit mutiny (rebellion) or try to turn them away from their loyalty and duty. The punishment for this is very strict, including life imprisonment or imprisonment of up to 10 years, along with a fine.


The Bharatiya Nyaya Sanhita (BNS) Section 159 replaces the old Indian Penal Code (IPC) Section 131.



What is BNS Section 159 ?

BNS Section 159 covers crimes related to military personnel, such as encouraging or helping soldiers, sailors, or airmen to rebel or leave their duties. This includes trying to convince them to stop being loyal or do their jobs. The punishment for this crime is very serious and can include life imprisonment or up to 10 years in prison, plus a fine.


Helping military rebellion illegal under BNS 159
BNS 159 punishes aiding rebellion among military personnel

BNS 159 in Simple Points

  1. Helping a Mutiny is a Crime
    Encouraging or assisting a soldier, sailor, or airman to rebel against their duty is a serious crime under this section.
  2. Punishment Can Be Life Imprisonment
    If someone is found guilty of this crime, they can be sentenced to life imprisonment or up to 10 years in prison.
  3. Fine Along with Imprisonment
    In addition to jail time, the guilty person will also be fined, although the exact amount depends on the court.
  4. Non-Bailable Offense
    This crime is non-bailable, meaning the accused cannot easily get out of jail while the case is being heard.
  5. Tried in a Higher Court
    The case will be tried in a Court of Session, which is responsible for handling serious legal matters.

Section 159 BNS Overview

BNS Section 159 of the Bharatiya Nyaya Sanhita deals with offenses related to military personnel. It specifically addresses the crime of encouraging or assisting mutiny (rebellion) within the military forces, including the Army, Navy, or Air Force, or attempting to convince soldiers, sailors, or airmen to abandon their loyalty or duty. The punishment is severe, including life imprisonment or up to 10 years in prison, along with a fine.

BNS Section 159: 10 Key Points

1. Encouraging Mutiny

  • If someone helps or encourages a soldier, sailor, or airman to start a rebellion or mutiny against their superiors or the government, they commit a serious crime. This includes any act that motivates military personnel to disobey their lawful duties.

2. Seducing from Duty

  • This refers to trying to convince or persuade a member of the armed forces (Army, Navy, Air Force) to leave their duties or stop being loyal to their service and country. This can be through words, actions, or any attempt to influence them negatively.

3. Severe Punishment

  • The punishment for abetting mutiny or attempting to seduce a soldier from their duty can be life imprisonment. This is the maximum punishment, showing how serious the crime is considered.

4. Imprisonment for 10 Years

  • If the crime is not as severe or if the court decides on a lesser punishment, the guilty person may face up to 10 years of imprisonment instead of life imprisonment.

5. Liability to Fine

  • Along with imprisonment, the guilty person will also have to pay a fine. The amount of the fine will be determined by the court based on the severity of the offense.

6. Cognizable Offense

  • This is a cognizable offense, meaning that the police can arrest the person without a warrant. This indicates the seriousness of the crime and allows for quick action to prevent further harm.

7. Non-Bailable Offense

  • The offense is non-bailable, which means it is very difficult for the accused to get bail. In most cases, the person will have to remain in custody until the trial is completed.

8. Non-Compoundable Offense

  • This crime is non-compoundable, meaning that it cannot be settled outside of court. The case must go through the legal process, and private agreements to drop charges are not allowed.

9. Court of Session Trial

  • Cases under BNS Section 159 are tried in a Court of Session, which is a higher court responsible for dealing with serious offenses like this one. This ensures that the case is handled with full legal scrutiny.

10. Protecting Military Loyalty

  • The main purpose of this law is to protect the loyalty and discipline of military personnel. It ensures that no one can attempt to turn military forces against their duty to the country or their commanding officers.

Examples of BNS Section 159

  1. Example 1: Encouraging Mutiny
    A civilian meets a group of soldiers and persuades them to rise up against their commanding officer, promising them rewards for doing so. The civilian’s actions fall under BNS Section 159 because they are encouraging mutiny within the military.
  2. Example 2: Attempting to Seduce from Duty
    A person tries to convince an airman to abandon his post and flee from duty, promising him a better life outside the military. This attempt to make the airman disloyal to his duty is covered under BNS Section 159 and is a punishable offense.

BNS 159 Punishment

Life Imprisonment or 10 Years:
The punishment for abetting mutiny or trying to seduce military personnel from their duty can be life imprisonment or up to 10 years of imprisonment, depending on the seriousness of the crime.

Fine:
In addition to imprisonment, the person found guilty of this offense will also have to pay a fine, which will be determined by the court.


Punishment for Abetting Mutiny - BNS Section 159
BNS 159 Punishment punishes mutiny abetment with life imprisonment

BNS 159 bailable or not ?

BNS Section 159 is non-bailable, which means that getting bail is difficult. The accused may have to remain in custody until the case is resolved.


Bharatiya Nyaya Sanhita Section 159

PointsDetails
CrimeAbetting mutiny or attempting to seduce military personnel from duty
PunishmentLife imprisonment or up to 10 years in prison and fine
Cognizable or Non-CognizableCognizable (Police can arrest without a warrant)
Bailable or Non-BailableNon-bailable (Difficult to get bail)
Compoundable or Non-CompoundableNon-compoundable (Cannot be privately settled)
Trial CourtCourt of Session
Bharatiya Nyaya Sanhita Section 159

BNS Section 159 FAQs

What is BNS Section 159?

What is the punishment for BNS Section 159?

Is BNS Section 159 a bailable offense?

No, it is non-bailable, meaning it is difficult to get bail.

Who can be arrested under BNS Section 159?

What type of court handles BNS Section 159 cases?


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