Bharatiya Nyaya Sanhita, 2023
BNS Section 161
Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
In one line
BNS Section 161 deals with abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office and replaces IPC 133.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 161 | Abetment of assault by an officer, soldier, sailor or airman on his superior officer, when in execution of his office. | Imprisonment for 3 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 161
161. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.
Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the 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.
Frequently asked
What was BNS Section 161 in the IPC?
BNS Section 161 (Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office) replaces Section 133 of the Indian Penal Code, 1860. IPC 133 is now BNS 161.
What is the punishment under BNS 161?
Abetment of assault by an officer, soldier, sailor or airman on his superior officer, when in execution of his office – punishable with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
Is BNS 161 bailable?
Non-bailable: BNS 161. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 156 — Public servant voluntarily allowing prisoner of State or war to escape
- BNS 157 — Public servant negligently suffering such prisoner to escape
- BNS 158 — Aiding escape of, rescuing or harbouring such prisoner
- BNS 159 — Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
- BNS 160 — Abetment of mutiny, if mutiny is committed in consequence thereof
- BNS 162 — Abetment of such assault, if assault committed
- BNS 163 — Abetment of desertion of soldier, sailor or airman
- BNS 164 — Harbouring deserter
- BNS 165 — Deserter concealed on board merchant vessel through negligence of master
- BNS 166 — Abetment of act of insubordination by soldier, sailor or airman