Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
What this section does
Punishes anyone who abets an assault by a member of the Indian Army, Navy, or Air Force on a superior officer who is in the execution of his office. The offence is complete at the stage of abetment, regardless of whether the assault actually takes place. A fine is also imposable in addition to imprisonment.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description for a term which may extend to 3 years, and fine.
- Triable by
- Magistrate of First Class
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused abetted an assault
- The person abetted is an officer, soldier, sailor, or airman in the Army, Navy, or Air Force of the Government of India
- The intended victim is a superior officer of that person
- The superior officer was in the execution of his office at the relevant time
Derived from IPC s.132.
Read the official text
For the binding statutory text of BNS Section 161, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 161 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.