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Introduction of Section 162 BNS

BNS Section 162 addresses the offense of abetting an assault by an officer, soldier, sailor, or airman of the Indian Army, Navy, or Air Force on a superior officer while the superior officer is performing official duties. If this abetment leads to an actual assault, the abettor can face imprisonment for up to seven years along with a fine.


The Bharatiya Nyaya Sanhita (BNS) Section 162 replaces the old Indian Penal Code (IPC) Section 134.



What is BNS Section 162 ?

BNS Section 162 deals with individuals who assist, encourage, or support an assault on a superior officer in the Army, Navy, or Air Force of India while the officer is carrying out their official duties. If an assault happens because of this assistance or encouragement, the person who abetted the assault can be severely punished.


Abetting assault on military superior under BNS 162 ,
BNS 162 punishes abetting attack on superior officer

BNS 162 in Simple Points

  1. Definition of Abetment: Section 162 deals with individuals who encourage or support an assault on a superior officer in the Army, Navy, or Air Force while the officer is performing their official duties. Abetment includes actions like planning, assisting, or provoking the assault.
  2. Severity of Punishment: If an assault occurs as a result of this abetment, the person who aided or encouraged it can be punished with imprisonment for up to seven years. In addition, a fine may also be imposed.
  3. Cognizable Offense: The offense is classified as cognizable, meaning the police can arrest the accused without a warrant. This classification allows for prompt action by law enforcement.
  4. Non-Compoundable: The offense is non-compoundable, which means that it cannot be settled out of court or dropped by the victim. This ensures that the case is pursued through the legal system.
  5. Trial by Magistrate: Cases under this section are tried by a Magistrate of the first class. This ensures that the case is handled by a judicial officer with the authority to address serious offenses.

Section 162 BNS Overview

BNS Section 162 states that anyone who helps or encourages an officer, soldier, sailor, or airman in the Army, Navy, or Air Force to assault a superior officer while the superior is performing their duties will be punished if the assault occurs as a result of this help or encouragement. The punishment can be up to seven years of imprisonment and a fine.

BNS Section 162 :10 Key Points

Scope of Abetment Offense:

  • What It Covers: This section deals with individuals who aid, support, or encourage an assault on a superior officer within the Indian Army, Navy, or Air Force while the officer is performing their official duties. The abetment can include actions like planning, helping, or provoking the assault.

Clarification of Abetment:

  • Definition of Abetment: Abetment involves any form of support or encouragement that leads to the actual assault. This could be direct actions, such as providing weapons or resources, or indirect actions, like instigating or advising the assault.

Severity of Punishment:

  • Penalties: If an assault occurs as a result of the abetment, the abettor faces serious consequences. The punishment can include imprisonment for up to seven years. The court may also impose a fine, which is intended to penalize the offender financially in addition to the prison sentence.

Legal Classification and Arrest:

  • Cognizable Offense: The offense is classified as cognizable, meaning the police have the authority to arrest the accused without a warrant. This classification ensures that law enforcement can respond quickly to serious offenses and take necessary actions without delays.

Non-Compoundable Nature:

  • Inability to Withdraw Charges: The offense is non-compoundable, meaning that the victim cannot drop the charges or settle the matter outside of court. This ensures that the legal process fully addresses the crime and upholds justice.

Trial Process:

  • Court Handling: Cases under Section 162 are tried by a Magistrate of the first class. This ensures that the case is handled by a judicial officer with the appropriate authority to deal with serious offenses.

Impact on Military Discipline:

  • Maintaining Order: The section underscores the importance of maintaining discipline and order within the armed forces. Abetment of an assault on a superior officer is seen as a serious threat to military discipline and operational effectiveness.

Legal Precedents:

  • Case Law Influence: Legal decisions in previous cases under this section can influence how new cases are handled. The judiciary’s interpretation of abetment and its consequences helps shape future enforcement and judicial decisions.

Rights of the Accused:

  • Legal Protections: Despite the seriousness of the offense, the accused retains certain rights throughout the legal process. These include the right to a fair trial, legal representation, and to be heard in their defense.

Preventive Measures:

  • Deterrence: The severe penalties and strict legal framework are designed to deter individuals from engaging in or supporting assaults on superior officers. This helps ensure that military personnel act within the bounds of law and maintain respect for hierarchy and authority.

Example:

Scenario: Aman, a junior officer in the Air Force, is unhappy with his commanding officer. He secretly encourages other junior officers to join him in undermining their commanding officer’s authority by ignoring orders and acting disrespectfully during meetings.

Result: Because Aman’s actions led to the commanding officer being disrespected and undermined, Aman has abetted the misconduct. Under Section 162, Aman could face severe penalties for his role in encouraging the disrespectful behavior towards his superior officer.


BNS 162 Punishment

Imprisonment: The main punishment is imprisonment for up to seven years. This means that if convicted, the person can be sentenced to spend up to seven years in prison.

Fine: In addition to imprisonment, the person convicted may also be fined. The amount of the fine is determined by the court based on the severity of the offense.


nishment for Abetting Assault - BNS Section 162
BNS 162 punishes abetting assault with prison and fines

BNS 162 bailable or not ?

BNS Section 162 is non-bailable. This means that if someone is accused under this section, they cannot be granted bail easily and must remain in custody until the court decides otherwise.


Bharatiya Nyaya Sanhita Section 162

ClauseDetails
OffenseAbetting assault on a superior officer
PunishmentImprisonment for up to 7 years, fine
ClassificationCognizable, Non-bailable
JurisdictionTriable by Magistrate of the first class
Bharatiya Nyaya Sanhita Section 162

BNS Section 162 FAQs

What does BNS Section 162 cover?

What constitutes abetment under BNS Section 162?

What are the potential consequences if someone is found guilty under BNS Section 162?

If found guilty, the person abetting the assault can be sentenced to imprisonment for up to seven years and may also be fined.

Is BNS Section 162 a non-bailable offense?

Who can investigate cases under BNS Section 162?

Where are cases under BNS Section 162 tried?


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