Sections 131–140 IPC vs Sections 159–168 BNS — Offences Relating to the Army, Navy and Air Force

In India, Sections 159 to 168 of the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the armed forces offences in Sections 131 to 140 of the Indian Penal Code, 1860 (IPC) from 1 July 2024. Most are unchanged; Sections 165, 166 and 168 carry higher penalties, and the Explanation to Section 131 is dropped.

At a glance

The CrPC First Schedule classified Sections 131 to 140 IPC the same way (tracing its "Ditto" entries upward), so the classification is unchanged. Neither Section 320 CrPC nor Section 359 BNSS lists any of these offences as compoundable.

What changed

• Modified — Section 165 (IPC 137): "a penalty not exceeding five hundred rupees" becomes "a penalty not exceeding three thousand rupees". The conditions — the master or person in charge "though ignorant of such concealment" might have known of it but for neglect of duty or want of discipline on board — are unchanged.
• Modified — Section 166 (IPC 138): "may extend to six months" becomes "may extend to two years"; the alternatives of fine or both are unchanged.
• Modified — Section 168 (IPC 140): "fine which may extend to five hundred rupees" becomes "fine which may extend to two thousand rupees". "the Military, Naval or Air service" becomes "the Army, Naval or Air service". The three-month term is unchanged.
• Modified — Section 164 (IPC 136): the Exception "the harbour is given by a wife to her husband" becomes "the harbour is given by the spouse of the deserter". On the words, a husband who harbours a deserter wife is now within the Exception. The offence and punishment are unchanged.
• Narrowed — Section 159 (IPC 131): the operative words and punishment are the same, but the Explanation is omitted. It had provided that in Section 131 the words "officer", "soldier", "sailor" and "airman" "include any person subject to" the Army Act, 1950, the Indian Navy (Discipline) Act, 1934 or the Air Force Act, 1950 (and the earlier Acts listed), "as the case may be". Section 159 keeps only the words "an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India". On a reading of the text, whether a person subject to a service Act who is not within those words is covered is no longer settled by an Explanation.
• Minor edit — Section 167 (IPC 139): the list "the Army Act, the Army Act, 1950, the Naval Discipline Act, the Indian Navy (Discipline) Act, 1934, the Air Force Act or the Air Force Act, 1950" becomes "the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957". The India Code IPC text itself footnotes the 1934 Act "Now see the Navy Act, 1957". Section 167 as printed in the Gazette and in the official BNS text reads "…the Navy Act, 1957, or shall be subject to punishment under this Sanhita" — the words "or shall be" are printed as enacted.
• Identical — Sections 160 to 163 (IPC 132 to 135): same words and punishments.
• Chapter: IPC Chapter VII becomes BNS Chapter VIII, headed "Of offences relating to the Army, Navy and Air Force". IPC Section 138A had been repealed in 1934 and has no counterpart.

Statutory text (relevant extract)

Extract, Section 136 IPC, Exception (repealed from 1 July 2024):

Exception.—This provision does not extend to the case in which the harbour is given by a wife to her husband.

Extract, Section 164 BNS:

Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.

Exception.—This provision does not extend to the case in which the harbour is given by the spouse of the deserter.

Extract, Section 166 BNS:

Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force, of the Government of India, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

How it works — the offences in the chapter

The chapter punishes civilians who undermine discipline in the armed forces. Most offences are forms of abetment, graded by whether the abetted act happens.

1. Mutiny — abetting mutiny by an officer, soldier, sailor or airman, or attempting to seduce one from his allegiance or duty (Section 159: life or up to ten years and fine). If mutiny is committed in consequence of the abetment, Section 160 applies and death becomes an available punishment.
2. Assault on a superior officer — abetting an assault by an officer, soldier, sailor or airman on a superior officer in the execution of his office (Section 161: up to three years and fine); if the assault is committed in consequence, up to seven years and fine (Section 162).
3. Desertion — abetting desertion (Section 163), and harbouring a person known or believed to have deserted (Section 164), each up to two years, or fine, or both, with the spouse Exception in Section 164.
4. Merchant vessels — the master or person in charge of a merchant vessel on which a deserter is concealed is liable to a penalty up to ₹3,000, even though ignorant of the concealment, if he might have known of it but for neglect of duty or want of discipline on board (Section 165).
5. Insubordination — abetting what the accused knows to be an act of insubordination, if it is committed in consequence (Section 166: up to two years, or fine, or both).
6. Impersonation by garb — a person who is not a soldier, sailor or airman wearing a garb or carrying a token resembling theirs, with the intention that he may be believed to be one (Section 168).

Who is outside the chapter: under Section 167, no person subject to the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957 is subject to punishment under the BNS for any offence defined in this chapter. Section 139 IPC said the same of the service Acts then named.

Neighbouring provisions: abetment generally is in Sections 45 to 60 BNS (Chapter IV); offences against the State, including waging war, are in Chapter VII (see the related page below).

What this means in practice

For the investigating officer and prosecutor

• Most offences are cognizable, so an FIR can be registered; Section 165 is non-cognizable, so under Section 174(2) BNSS the police may not investigate it without a Magistrate's order.
• Confirm the accused is not a person subject to one of the three service Acts; if he is, Section 167 takes him outside this chapter.
• For Sections 160, 162 and 166, the prosecution must show that the mutiny, assault or insubordination was committed "in consequence of" the abetment; otherwise the lower section (159, 161) applies, or for insubordination there is no offence under Section 166.
• For Section 168, the intention "that it may be believed that he is such a soldier, sailor or airman" must be shown; wearing a similar garb without that intention is outside the words.

For the accused and defence advocate

• Sections 159 to 162 are non-bailable; Sections 163 to 166 and 168 are bailable. None is compoundable.
• A spouse who harbours a deserter falls within the Exception to Section 164, whether wife or husband, for conduct on or after 1 July 2024 (a reading of the text).

For shipmasters and operators

• The Section 165 penalty turns on neglect of duty or want of discipline on board, not on knowledge; the maximum is now ₹3,000.

Judgments that still matter

No Supreme Court judgment construing Sections 131 to 140 IPC or Sections 159 to 168 BNS was found in the judgment summaries searched for this page (searches for the section numbers, "mutiny", "deserter" and "desertion"). That is a gap in what was located, not a finding that no such judgment exists. This page therefore rests on the statutory text alone.

Which law applies to your case

Section 358(2) BNS keeps alive any penalty or punishment incurred under the IPC and lets proceedings be instituted, continued or enforced "as if that Code had not been repealed"; on a reading of that provision, an offence in this chapter committed before 1 July 2024 is charged under Sections 131 to 140 IPC. Proceedings pending on that date continue under the CrPC (Section 531(2)(a) BNSS). Article 20(1) of the Constitution bars a penalty greater than the law in force at the time of the offence, so, on a reading of that Article, the higher penalties in Sections 165, 166 and 168 BNS cannot be imposed for earlier conduct. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNS equivalent of Section 131 IPC? Section 159 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 131 IPC. It punishes abetting mutiny by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India, or attempting to seduce any of them from his allegiance or duty, with imprisonment for life or up to ten years, and fine. The Explanation to Section 131 IPC, which extended those words to any person subject to the service Acts, is not carried over.

Which punishments changed in the armed forces chapter? Three. Section 165 BNS raises the penalty on the master of a merchant vessel on which a deserter is concealed through neglect from five hundred to three thousand rupees. Section 166 raises the maximum for abetting insubordination that is committed from six months to two years. Section 168 raises the fine cap for wearing a soldier's, sailor's or airman's garb or token from five hundred to two thousand rupees.

Is harbouring a deserter an offence under the BNS? Yes. Section 164 BNS punishes harbouring an officer, soldier, sailor or airman whom the accused knows or has reason to believe has deserted, with up to two years, or fine, or both. The Exception now excludes harbour given by 'the spouse of the deserter'; Section 136 IPC excluded only harbour given 'by a wife to her husband'.

Are these offences bailable? Some are. Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 159 and 160 BNS are non-bailable and triable by the Court of Session, and Sections 161 and 162 are non-bailable and triable by a Magistrate of the first class. Sections 163, 164, 166 and 168 are cognizable and bailable, and Section 165 is non-cognizable and bailable, all triable by any Magistrate. The CrPC classified the IPC counterparts the same way.

Can a serving soldier be prosecuted under these sections? No. Section 167 BNS provides that no person subject to the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957 is subject to punishment under the Sanhita for any offence defined in this Chapter. Section 139 IPC had the same rule, naming the service Acts then in force.

Is it an offence to wear an army uniform? It is an offence under Section 168 BNS only if a person who is not a soldier, sailor or airman in the Army, Naval or Air service of the Government of India wears a garb or carries a token resembling one used by them, with the intention that it may be believed that he is such a person. The punishment is up to three months, or fine up to two thousand rupees, or both.

Which law applies to an offence committed before 1 July 2024? Section 358(2) BNS saves penalties and proceedings under the IPC as if it had not been repealed, so on a reading of that text such an offence committed before 1 July 2024 is charged under Sections 131 to 140 IPC. Article 20(1) bars a heavier penalty than the law then in force, so, on a reading of that Article, the higher penalties in Sections 165, 166 and 168 BNS cannot be imposed for earlier conduct.

Related

• Sections 121-130 IPC vs Sections 147-158 BNS — Offences against the State
• Abetment: IPC 107-109 vs BNS 45-49
• Section 124A IPC — Sedition abolished
• Offence before 1 July 2024 — which law applies
• IPC to BNS master table

Sources

• Bharatiya Nyaya Sanhita, 2023 (Gazette text, and the official text for Section 167): Chapter VIII, Sections 159 to 168; Section 358.
• Indian Penal Code, 1860 (India Code text): Chapter VII, Sections 131 to 140, with footnotes.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 174, 359 and 531, and the First Schedule entries for Sections 159 to 168 BNS.
• Code of Criminal Procedure, 1973: Section 320 and the First Schedule entries for Sections 131 to 140 IPC.
• Constitution of India: Article 20(1).
• Judgments: none located that construe these sections.

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.