Section 160 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 160 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offence of abetment of mutiny within the Indian armed forces. This provision is analogous to Section 132 of the Indian Penal Code (IPC), 1860.
📜 Text of Section 160 – Abetment of Mutiny, if Mutiny is Committed in Consequence Thereof
Section 160:
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, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
⚖️ Legal Context
Section 160 of the BNS, 2023, is part of Chapter VIII, which deals with offences related to the Army, Navy, and Air Force. This section specifically addresses the act of abetting mutiny within the armed forces, emphasizing the severity of such an offence and the corresponding punishments.
🔍 Key Elements
Abetment of Mutiny: The section criminalizes the act of encouraging, assisting, or instigating mutiny by personnel in the armed forces
Consequential Mutiny: For the offence to be established, the mutiny must occur as a direct result of the abetment.(
Punishments:
Death penalty
Imprisonment for life
Imprisonment for a term up to 10 years
Liability to fine(
📘 Comparison with IPC Section 132
Section 160 of the BNS, 2023 corresponds to Section 132 of the IPC, 1860. The primary difference lies in the maximum term of imprisonment:
IPC Section 132: Imprisonment may extend to 3 years.
BNS Section 160: Imprisonment may extend to 10 years.
This extension reflects the heightened gravity attributed to such offences in the BNS, 2023.
🛡️ Purpose and Rationale
The inclusion of Section 160 in the BNS, 2023 underscores the importance of maintaining discipline and loyalty within the armed forces. By imposing severe penalties for those who incite or facilitate mutiny, the law aims to deter actions that could undermine the integrity and operational effectiveness of the military, thereby safeguarding national security.
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