Abetment of such assault, if assault committed

What this section does

This section punishes abetment of an assault by a member of the Indian armed forces on a superior officer where the assault is actually committed as a consequence of that abetment. It is an aggravated form of the offence under section 161, attracting a higher punishment because the assault materialised.

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 7 years, and fine.

Triable by

Magistrate of First Class

Cognizable

Yes

Bailable

No

Compoundable

No

Ingredients (what prosecution must prove)

1. The accused abetted an assault
2. The person abetted is an officer, soldier, sailor, or airman in the Army, Navy, or Air Force of the Government of India
3. The intended victim is a superior officer of that person
4. The superior officer was in the execution of his office at the relevant time
5. The assault was actually committed in consequence of the abetment

Derived from IPC s.133.