THE INDIAN PENAL CODE, 1860
CONTENTS
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
134. Abetment of such assault, if the assault is committed
135. Abetment of desertion of soldier, sailor or airman
136. Harbouring deserter
138A. [Repealed]
139. Persons subject to certain acts
CHAPTER
VII
VII
OF
OFFENCES RELATING TO THE ARMY, 1[NAVY AND AIR FORCE]
OFFENCES RELATING TO THE ARMY, 1[NAVY AND AIR FORCE]
1. Subs. by Act 10 of 1927, sec.2 and sch. I, for “and Navy”.
Whoever abets the committing of mutiny by an officer, soldier, 1[sailor or airman], in the Army, 2[navy or Air Force] of the 3[Government of India] or attempts to seduce any such officer, soldier, 4[sailor or airman] from his allegiance or his duty, shall be punished with 5[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
6[Explanation—In this section the words “officer”, 7[“soldier”], 8[“sailor”] and “airman”] include any person subject to the 9 [Army Act,] 10 [the Army Act, 1950]], (46 of 19500, 7 [the Naval Discipline Act, 11[* * *] the 12[ Indian Navy (Discipline) Act, 1934], (34 of 1934)], 13[the Air force Act or 14[the Air Force Act, 1950 (45 or 1950)]], as the case may be]].
1. Subs. by Act 10 of 1927, sec.2 and sch. for “ or Sailor”.
2. Subs. by Act 10 of 1927, sec.2 and sch. I, for “or Navy”.
3. Subs. by the A.O.1950, for “Queen”.
4. Subs. by Act 10 of 1927, sec.2 and sch. I, for “or Sailor”.
5. Subs by Act 26 of 1955, sec.117 and sch., for “Transportation for life” (w.e.f.1-1-1956).
6. Ins. by Act 27 of 1870, sec. 6.
7. Subs. by Act 10 of 1927, sec. 2 and sch. I, for “and Soldier”.
8. Ins. by Act 35 of 1934, sec. 2. and sch.
9. Subs. by Act 10 of 1927, sec.2 and sch.I, for “Articles of War for the better Government of Her
Majesty’s Army, or to the Articles of war contained in Act No.5 of 1869”.
Majesty’s Army, or to the Articles of war contained in Act No.5 of 1869”.
10. Subs. by Act 3 of 1951, sec.3 and sch. for “the Indian Army Act,1911”.
11. The words “or that Act as modified by” omitted by the A.O.1950.
12. Now see the Navy Act, 1957 (62 of 1957).
13. Subs. by Act 14 of 1932, sec.130 and sch., for “or the Air Force Act”.
14. Subs. by Act 3 of 1956, sec. And sch., for “the Indian Air Force Act, 1932”.
Whoever abets the committing of mutiny by an officer, soldier, 1[sailor or airman] in the Army, 2[Navy or Air Force] of the 3[Government of India], shall, if mutiny be committed in consequence of that abetment, be punished with death or with [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
1. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or Sailor”.
2. Subs. by Act 10 of 1927, sec.2 and Sch. I, for “or Navy”.
3. Subs. by the A.O. 1950, for “Queen”.
4. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his
office:-
office:-
Whoever abets an assault by an office, soldier, 1[sailor or airman], in the Army, 2[Navy or Air force] of the 3[Government of India], on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
1. Subs. by Act 10 of 1927, sec.2 and Sch. I, for “or Sailor”.
2. Subs. by Act 10 of 1927, sec.2 and Sch. I, for “or Navy”.
3. Subs. by the A. O.1950, for “Queen”.
Whoever abets an assault by an officer, soldier, 1[sailor, or airman], in the Army, 2[navy or Air force] of the 3[Government of India], on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
1. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or sailor”.
2. Subs. by ibid., s. 2 and Sch. I, for “or Navy”.
3. Subs. by the A.O. 1950, for “Queen”.
Whoever abets the desertion of any officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of the 3[Government of India], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
1. Subs. by Act 10 of 1927, sec.2 and Sch.I, for “or Sailor”.
2. Subs. by Act 10 of 1927, sec.2 and Sch.I, for “or Navy”.
3. Subs. by the A.O.1950, for “Queen”.
Whoever, except as hereinafter expected, knowing or having reason to believe that an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or air force] of the 3[Government of India], has deserted, harbours such officer, soldier, 1[sailor 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 a wife to her husband.
1. Subs. by Act 10 of 1927, sec.2 and sch.I, for “or Sailor”.
2. Subs. by Act 10 of 1927, sec.2.and sch.I, for “or Navy”.
3. Subs by the A.O.1950, for “Queen”.
The master or person in charge of a merchant vessel, on board of which any deserter from the Army, 1[Navy or Air force] of the 2[Government of India] is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.
1. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or Navy”.
2. Subs. by the A.O. 1950, for “Queen”.
Whoever abets what he knows to be an act of insubordination by an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of the 3[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 six months, or with fine, or with both.
1. Subs. by Act 10 of 1927, sec.2 and sch.I for “or Sailor”.
2. Subs. by Act 10 of 1927, sec.2 and sch.I, for “or Navy”.
3. Subs. by the A.O.1950, for “Queen”.
[Rep. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch.].]y Act 14 of 1887, sec.79.
No person subject to 1[the Army Act, 2[the Army Act, 1950 (46 of 1950)], the Naval discipline Act, 3[4[* * *] 5[the Indian Navy (Discipline) Act, 1934 (34 of 1934)], 6[the Air Force Act or 7[the Air Force Act, 1950 (45 of 1950)]]], is subject to punishment under this Code for any of the offences defined in this Chapter.
1. Subs. by Act 10 of 1927 sec.2 and sch.I, for “any Article of war for the Army or Navy of the
Queen, or for any part of such Army of Navy”.
Queen, or for any part of such Army of Navy”.
2. Subs. by Act 3 of 1951, sec.3 and sch. for “the Indian Army Act, 1911”.
3. Ins. by Act 35 of 1934, sec.2 and sch.
4. The words “or that Act as modified” omitted by the A.O.1950.
5. Now see the Navy Act,1957 (62 of 1957).
6. Subs. by Act 14 of 1932, sec.130 and sch. for “or the Air Force Act”.
7. Subs. by Act 3 of 1951, sec.3 and sch. for “the Indian Air Force Act, 1932”.
Whoever, not being a soldier, 1[sailor or airman] in the Military, 2[Naval or Air] service of the 3[Government of India], wears any garb or carries any token resembling any garb or token used by such a soldier, 1[sailor or airman] with the intention that it may be believed that he is such a soldier, 1[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to three month, or with fine which may extend to five hundred rupees, or with both
1. Subs. by Act 10 0f 1927, s. 2 and Sch. I, for “sailor”.
2. Subs. by ibid., s. 2 and Sch. I, for “or Navy”.
3. Subs. by the A.O. 1950, for ”Queen”.
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