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Introduction of Section 166 BNS

BNS Section 166 focuses on the abetment (encouragement or assistance) of acts of insubordination by soldiers, sailors, or airmen serving in the Indian Army, Navy, or Air Force. If someone helps or encourages an act of disobedience, and that act happens because of their abetment, they will face legal consequences. The section provides for imprisonment up to two years or a fine, or both, for such actions.


The Bharatiya Nyaya Sanhita (BNS) Section 166 replaces the old Indian Penal Code (IPC) Section 138.



What is BNS Section 166 ?

BNS Section 166 addresses the crime of abetting (encouraging or supporting) insubordination within the armed forces. If a person knowingly helps or encourages a soldier, sailor, or airman to disobey their duties and the act of disobedience takes place as a result, the person who abetted the act can be punished. The punishment can be imprisonment for up to two years, a fine, or both.


166 BNS : Punishment for abetting insubordination in military
166 BNS : Punishment for abetting acts of insubordination by military personnel, with up to 2 years imprisonment or fine.

BNS 166 in Simple Points

  1. Abetment of Insubordination: The section applies when someone actively supports or encourages an act of insubordination by military personnel. This means that if a person helps a soldier, sailor, or airman disobey or refuse to follow commands, they can be held responsible.
  2. Specific to Military Personnel: This section applies only to soldiers, sailors, or airmen serving in the Army, Navy, or Air Force of India. The offense is committed when a person encourages these individuals to disobey or act against their duty.
  3. Consequences Only When Action Occurs: The law states that punishment only happens if the act of disobedience takes place because of the person’s encouragement or assistance. If the disobedience does not occur, the person may not be punished.
  4. Punishment for Abetment: If found guilty, the person who abetted the act of insubordination can face imprisonment for up to 2 years. The law also allows for the punishment to be in the form of a fine or a combination of both imprisonment and fine, depending on the severity of the situation.
  5. Cognizable and Bailable Offense: The offense is cognizable, which means the police can arrest the accused without a warrant. It is also bailable, allowing the accused to apply for bail and avoid jail during the trial process.

Section 166 BNS Overview

BNS Section 166 addresses the crime of abetting insubordination by military personnel in the Army, Navy, or Air Force. If someone helps or encourages an officer or soldier to disobey their duties and this act takes place as a result, the person who aided the disobedience can be punished. The law allows for up to 2 years of imprisonment, a fine, or both.

Key Points of BNS Section 166

  1. Abetment of Insubordination:
    • This section deals with cases where an individual actively supports or encourages military personnel (soldiers, sailors, or airmen) to disobey lawful commands from their superiors.
    • The encouragement must lead to the actual act of insubordination for the abettor to be held liable.
  2. Applicable to Military Personnel:
    • This law is specifically meant for military personnel serving in the Army, Navy, or Air Force. It ensures that the discipline within these forces is maintained and that external influences do not encourage disobedience.
  3. Act of Insubordination Must Occur:
    • The punishment under this section applies only if the act of insubordination actually happens due to the encouragement or abetment by the person involved.
  4. Punishment:
    • If found guilty of abetting the insubordination, the accused may face imprisonment for up to two years, a fine, or both. This is intended to act as a deterrent against encouraging military disobedience.
  5. Imprisonment and Fine:
    • The punishment is designed to be flexible, offering a combination of imprisonment and/or fine, depending on the severity and circumstances of the case.
  6. Cognizable Offense:
    • Since it is a cognizable offense, the police have the authority to arrest the accused without the need for a warrant. This allows for immediate legal action to be taken to maintain military discipline.
  7. Bailable Offense:
    • The offense is bailable, which means the accused can apply for bail and does not necessarily need to remain in custody while awaiting trial.
  8. Non-Compoundable:
    • This offense is non-compoundable, which means the case cannot be privately settled between the parties. It must be decided by a court.
  9. Tried by Any Magistrate:
    • The trial of cases under Section 166 can be handled by any magistrate in a court of law, ensuring the case can proceed at any level of the judiciary.
  10. Importance of Military Discipline:
  • The purpose of Section 166 is to maintain the integrity and discipline of the Indian Armed Forces. By punishing those who attempt to influence military personnel to act against their duties, the law ensures the chain of command remains strong and effective.

BNS Section 166 : Examples

Example 1:
A civilian friend of an Army soldier encourages him to disobey a direct order from his commanding officer. The soldier, influenced by the friend’s encouragement, refuses to follow the command. The civilian friend can be punished under Section 166 for abetting the insubordination, and could face imprisonment or a fine.

Example 2:
A sailor in the Indian Navy is convinced by a colleague to ignore a command during a mission. Because the colleague influenced the sailor’s decision to act against orders, the colleague can be held responsible under Section 166, and may be sentenced to jail or fined.


BNS 166 Punishment

Imprisonment: A person found guilty of abetting insubordination may be sentenced to imprisonment for up to two years.

Fine: The court can also impose a fine, or both imprisonment and fine, depending on the seriousness of the case.


BNS 166 Punishment : for Abetment of Military Insubordination
BNS 166 Punishment for abetting acts of military insubordination with imprisonment up to 2 years or a fine

BNS 166 bailable or not ?

BNS Section 166 is a bailable offense, which means the accused can apply for bail and may not necessarily remain in custody until the trial concludes.


Bharatiya Nyaya Sanhita Section 166

PointsDetails
Section NameBNS Section 166
Offense DescriptionAbetment of act of insubordination by soldiers, sailors, or airmen
Who is AffectedAnyone who encourages insubordination by military personnel
PunishmentImprisonment up to 2 years, fine, or both
CognizableYes
BailableYes
CompoundableNo
Court of TrialAny Magistrate
Type of Military PersonnelArmy, Navy, Air Force personnel
Bharatiya Nyaya Sanhita Section 166

BNS Section 166 FAQs

What is BNS Section 166?

What punishment can be given under Section 166?

Is Section 166 a cognizable offense?

Can the accused get bail under Section 166?

Yes, Section 166 is bailable, allowing the accused to apply for bail.

Who can try cases under Section 166?


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