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Introduction of Section 167 BNS

BNS Section 167 of the Bharatiya Nyaya Sanhita states that any person who is subject to the Air Force Act, 1950, the Army Act, 1950, or the Navy Act, 1957, cannot be punished under this chapter for offenses defined here. This provision ensures that individuals under these specific military laws are governed by their respective Acts for offenses, rather than this Sanhita.


The Bharatiya Nyaya Sanhita (BNS) Section 167 replaces the old Indian Penal Code (IPC) Section 139.



What is BNS Section 167 ?

BNS Section 167 of the Bharatiya Nyaya Sanhita states that members of the Army, Navy, or Air Force who are subject to the Air Force Act, 1950, Army Act, 1950, or Navy Act, 1957 cannot be punished under the Bharatiya Nyaya Sanhita for offences covered in this chapter. This means that military personnel are governed by military-specific laws and not the general laws outlined in this section of the Sanhita.


BNS 167 exemption for persons under military acts
BNS 167: Persons under the Air Force, Army, and Navy Acts are exempt from punishment under this Sanhita for offenses in this chapter.

BNS 167 in Simple Points

  1. Exemption for Military Personnel:
    • People subject to the Air Force Act, Army Act, or Navy Act are exempt from being punished under this chapter of the Bharatiya Nyaya Sanhita.
  2. Application to Specific Acts:
    • This section specifically mentions the Air Force Act, 1950, the Army Act, 1950, and the Navy Act, 1957 as the governing laws for personnel in those forces.
  3. No Dual Punishment:
    • The purpose of this section is to avoid double punishment or conflicting legal processes for the same offense under different laws.
  4. Applicability:
    • This applies strictly to offenses defined in this chapter of the Sanhita, meaning military personnel will only be tried under their respective military Acts for similar offenses.
  5. Maintaining Separate Legal Systems:
    • This provision ensures the separation of the military and civilian legal systems, maintaining discipline and justice within the armed forces.

Section 167 BNS Overview

BNS Section 167 of the Bharatiya Nyaya Sanhita explains that any person serving in the Indian Armed Forces, like the Army, Navy, or Air Force, who is governed by special laws such as the Army Act, 1950, Air Force Act, 1950, or Navy Act, 1957, cannot be punished under this chapter of the Bharatiya Nyaya Sanhita for offenses mentioned here. They are governed by their specific military laws, not the civilian penal code.

BNS Section 167: 10 Key Points

  1. Specific Laws for Armed Forces:
    • People who are serving in the Army, Navy, or Air Force follow the laws specifically made for the military, like the Army Act, Air Force Act, and Navy Act. They are not punished under civilian laws for certain offenses.
  2. Exemption from Bharatiya Nyaya Sanhita:
    • BNS Section 167 exempts military personnel from being punished under this chapter of the Bharatiya Nyaya Sanhita for the offenses mentioned here.
  3. Focus on Armed Forces:
    • The section only applies to those actively serving in the Armed Forces of India.
  4. Acts Govern Military Behavior:
    • The behavior and discipline of people in the Army, Navy, and Air Force are handled by military laws like the Army Act, Air Force Act, and Navy Act.
  5. No Double Punishment:
    • Military personnel cannot be punished under both the military laws and civilian laws for the same offense. If their actions are considered wrong, they will face punishment under military law.
  6. Offenses Mentioned in This Chapter:
    • The offenses referred to in this section are specifically defined in the chapter of the Bharatiya Nyaya Sanhita that deals with military-related offenses.
  7. Punishment According to Military Law:
    • If someone in the military commits an offense, they will be punished according to the Army, Navy, or Air Force Act, not the Bharatiya Nyaya Sanhita.
  8. Exceptions Apply Only to Military Personnel:
    • This section does not apply to civilians or people outside the military. It is exclusively for those serving under the armed forces.
  9. Purpose of This Section:
    • The goal of this section is to ensure that military discipline is maintained under military laws and that civilian laws do not interfere in military matters.
  10. Offenses Covered:
    • Offenses like insubordination, desertion, or negligence within the military would be handled under the military Acts, not the Bharatiya Nyaya Sanhita.

2 Examples of BNS Section 167

  1. Example 1:
    • A soldier in the Army commits an offense related to disobedience of orders. He will be punished under the Army Act, 1950, not the Bharatiya Nyaya Sanhita. This is because military discipline is handled under military law, and the soldier is exempt from the punishments in this chapter of the Bharatiya Nyaya Sanhita.
  2. Example 2:
    • A Navy officer is involved in an act of insubordination. The Navy Act, 1957 governs how he will be disciplined, not the Bharatiya Nyaya Sanhita. BNS Section 167 ensures that military personnel are judged by their respective military laws.

BNS 167 Punishment

No Punishment under Sanhita:

  • If a person is subject to military laws, they cannot be punished under this chapter of the Bharatiya Nyaya Sanhita.

Military Discipline:

  • Punishments for military personnel will only come from the Air Force, Army, or Navy Acts, ensuring that their disciplinary processes remain within military control.

BNS 167 Punishment no punishment under Sanhita for military personnel
BNS 167 Punishment : No punishment under Sanhita for military personnel subject to Air Force, Army, or Navy Acts

BNS 167 bailable or not ?

This provision does not involve specific offenses that would require bail. It simply states that military personnel under the mentioned Acts are not subject to punishment under this chapter.


Bharatiya Nyaya Sanhita Section 167

PointsDetails
Section NameBNS Section 167
OffenseExemption for military personnel from punishment under this chapter
Applicable ActsAir Force Act, 1950; Army Act, 1950; Navy Act, 1957
PunishmentNot applicable under BNS for military personnel
CognizabilityNot applicable
BailabilityNot applicable
Trial CourtMilitary personnel tried under military laws
ExemptionApplies only to military personnel under the specific Acts
JurisdictionMilitary Courts
Civil PunishmentNot applicable
Bharatiya Nyaya Sanhita Section 167

BNS Section 167 FAQs

What does BNS Section 167 cover?

Who is exempt under Section 167?

Any person subject to the Air Force Act, Army Act, or Navy Act is exempt from punishment under this chapter of the Bharatiya Nyaya Sanhita.

Can a soldier face civilian punishment under this BNS 167 chapter?


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