Bharatiya Nyaya Sanhita, 2023 — Section 159

Abetting Mutiny, or Attempting to Seduce a Soldier, Sailor or Airman From His Duty

Section 159 punishes abetting the committing of mutiny by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India, or attempting to seduce any such person from their allegiance or duty, with imprisonment for life, or imprisonment up to ten years, and fine. This section opens Chapter VIII (Of Offences Relating to the Army, Navy and Air Force).

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 159 to old IPC Section 131, and cross-checked directly against the bare text of both Acts.

BNS section	IPC, 1860 equivalent	Category
159	131	Substantively changed

Substantively changed: The main punishment-creating sentence of Section 159 is word for word identical to old IPC Section 131's operative text. However, old IPC Section 131 carried an additional statutory Explanation providing that the words "officer," "soldier," "sailor," and "airman" in that section include any person subject to the Army Act, the Naval Discipline Act (or the Indian Navy (Discipline) Act, 1934), or the Air Force Act, as the case may be. Section 159 does not reproduce this Explanation at all — the section ends immediately after the punishment clause, with no Explanation following it.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for life, or imprisonment for 10 years and fine — cognizable, non-bailable, and triable by the Court of Session. Not compoundable: Section 159 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Statutory Text (Verbatim)

Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India or attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, shall be punished with 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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Abetting mutiny, or seducing a member of the armed forces from allegiance or duty

Explanation (Lexovia's Commentary)

This section covers two distinct forms of conduct: abetting an actual mutiny by a member of the Army, Navy, or Air Force, and separately, attempting to seduce such a person away from their allegiance or duty even without an actual mutiny occurring. Both carry the same maximum punishment of life imprisonment, or imprisonment up to ten years with fine, reflecting the serious threat that undermining military discipline and loyalty poses.

Illustration (Lexovia's Own Example)

A person repeatedly urges a serving soldier to disobey lawful orders and join an armed uprising against the Government of India. Even if the soldier refuses and no mutiny actually takes place, the attempt to seduce the soldier from duty falls within Section 159.

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Related / Cross-Referenced Sections

FAQs

Does an actual mutiny have to take place for this section to apply?

No. The section also covers attempting to seduce an officer, soldier, sailor or airman from their allegiance or duty, even where no mutiny actually results.

Does the old law's Explanation about who counts as a "soldier" or "airman" still apply?

The old IPC's Explanation, which extended these terms to any person subject to the Army Act, Naval Discipline Act, or Air Force Act, is not reproduced in Section 159's own text.

Does this section apply only to the Army, or also the Navy and Air Force?

It applies to an officer, soldier, sailor, or airman in the Army, Navy, or Air Force of the Government of India.