Bharatiya Nyaya Sanhita, 2023 — Section 162

Abetment of Such Assault, if Assault Committed

Section 162 punishes abetting 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 in the execution of his office, where the assault is actually committed in consequence of that abetment, with imprisonment up to seven years and fine.

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 162 to old IPC Section 134, and cross-checked directly against the bare text of both Acts.

BNS section	IPC, 1860 equivalent	Category
162	134	Exact

Comparing the two texts word for word (old IPC Section 134's text carries historical amendment footnotes reflecting terminology updates such as "sailor or airman," "Navy or Air Force," and "Government of India," but its final, current operative text matches this section exactly), Section 162 is reproduced without any change from old IPC Section 134.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 7 years and fine — cognizable, non-bailable, and triable by a Magistrate of the first class. Not compoundable: Section 162 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “Magistrate of the first class” does not include Executive Magistrates (Explanatory Note (2)).

Statutory Text (Verbatim)

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, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven 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)

Abetment of an assault on a superior officer that is actually committed in consequence

Explanation (Lexovia's Commentary)

This section is the aggravated counterpart to the preceding provision, Section 161. Where Section 161 punishes the abetment itself regardless of whether the assault is actually committed, Section 162 applies where the assault is in fact committed as a direct result of that abetment, and correspondingly carries a heavier maximum punishment (seven years rather than three).

Illustration (Lexovia's Own Example)

A soldier eggs on a fellow soldier to strike their commanding officer while the officer is issuing lawful orders, and the fellow soldier actually carries out the assault. Because the assault was in fact committed in consequence of the abetment, this falls within Section 162 rather than the less severe Section 161.

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Related / Cross-Referenced Sections

FAQs

How is this different from Section 161?

Section 161 punishes the abetment itself, whether or not the assault actually occurs. Section 162 applies where the assault is in fact committed as a consequence of that abetment, and carries a heavier maximum punishment of seven years rather than three.

What must be proved beyond the abetment itself?

It must additionally be shown that the assault was actually committed in consequence of that abetment — a causal link between the abetment and the completed assault.

Does the superior officer have to be actively performing official duties?

Yes. The section requires that the superior officer be in the execution of his office at the time of the assault.