Bharatiya Nyaya Sanhita, 2023
BNS Section 166
Abetment of act of insubordination by soldier, sailor or airman
In one line
BNS Section 166 deals with abetment of act of insubordination by soldier, sailor or airman and replaces IPC 138.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 166 | Abetment of act of insubordination by an officer, soldier, sailor or airman if the offence be committed in consequence. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
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 166
166. Abetment of act of insubordination by soldier, sailor or airman.
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.
What changed from the IPC
- IPC 138 → BNS 166: Upper limit of imprisonment is increased from six months to two years.
Frequently asked
What was BNS Section 166 in the IPC?
BNS Section 166 (Abetment of act of insubordination by soldier, sailor or airman) replaces Section 138 of the Indian Penal Code, 1860. IPC 138 is now BNS 166.
What is the punishment under BNS 166?
Abetment of act of insubordination by an officer, soldier, sailor or airman if the offence be committed in consequence – punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
Is BNS 166 bailable?
Bailable: BNS 166. 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 161 — Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
- 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 167 — Persons subject to certain Acts
- BNS 168 — Wearing garb or carrying token used by soldier, sailor or airman
- BNS 169 — Candidate, electoral right defined
- BNS 170 — Bribery
- BNS 171 — Undue influence at elections