Bharatiya Nyaya Sanhita, 2023 — Section 166

Abetment of Act of Insubordination by Soldier, Sailor or Airman

Section 166 punishes abetting what the accused 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, where the act of insubordination is committed in consequence of that abetment, with imprisonment up to two years, or fine, or both.

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 166 to old IPC Section 138, and cross-checked directly against the bare text of both Acts.

BNS section	IPC, 1860 equivalent	Category
166	138	Substantively changed

Substantively changed: Old IPC Section 138 capped imprisonment at "six months." Section 166 raises this cap to "two years." The remainder of the provision is otherwise identical. (A separate old IPC provision, Section 138A, dealing with the application of certain sections to the Indian Marine Service, was already repealed in 1934 and has no bearing on this comparison.)

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 2 years, or fine, or both — cognizable, bailable, and triable by any Magistrate. Not compoundable: Section 166 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “any Magistrate” does not include Executive Magistrates (Explanatory Note (2)).

Statutory Text (Verbatim)

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.

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)

Knowing abetment of insubordination that is actually committed

Explanation (Lexovia's Commentary)

This section requires that the accused know the conduct being abetted is an act of insubordination, and that the act of insubordination is actually committed as a consequence of that abetment. Unlike the assault-related provisions elsewhere in this Chapter, there is no separate lesser offence for mere abetment without the act being carried out; this section is conditioned on the insubordination actually occurring.

Illustration (Lexovia's Own Example)

A person encourages a soldier, knowing it would be insubordination, to openly refuse a lawful order from a superior officer, and the soldier does so refuse. Because the insubordination was actually committed in consequence of the abetment, this falls within Section 166.

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Related / Cross-Referenced Sections

FAQs

Does the act of insubordination actually have to occur for this section to apply?

Yes. The section applies where the act of insubordination is committed in consequence of the abetment; unlike some other provisions in this Chapter, it does not separately punish mere abetment where the act never happens.

Does the abettor need to know the conduct is insubordination?

Yes. The section specifically requires that the accused abet what he knows to be an act of insubordination.

How does the punishment compare with the old law?

Old IPC Section 138 capped imprisonment at six months. Section 166 raises the maximum to two years.