IPC §138 → BNS §166
Abetment of act of insubordination by soldier, sailor or airman
Jump to section
Comparison
138. 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, 8[sailor or airman], in the Army, 9[Navy or air Force], of the 10[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 six months, or with fine, or with both. 1. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “Articles or War for the better government of Her Majesty’s Army, or to the Articles of War contained in Act No. 5 of 1869”. 2. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the Indian Army Act, 1911”. 3. Ins. by Act 35 of 1934, s. 2 and the Sch. 4. The words “or that Act as modified by” omitted by the A. O. 1950. 5. Now see the Navy Act, 1957 (62 of 1957). 6. Subs. by Act 14 of 1932, s. 130 and the Sch., for “or the Air Force Act”. 7. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the Indian Air Force Act, 1932”. 8. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or sailor”. 9. Subs. by s. 2 and the First Sch., ibid., for “or Navy”. 10. Subs. by the A. O. 1950, for “Queen”. 11. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956). 1138A. [Application of foregoing sections to the Indian Marine Service.] Rep. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch.
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 changedAI-inferred
IPC 138 and BNS 166 carry the abetment-of-act-of-insubordination offence character-identically. Imprisonment up to 2 years, or fine, or both.
Old position
IPC 138 is concerned with Abetment of act of insubordination by soldier, sailor or airman. Abetment of act of insubordination by soldier, sailor or airman
New position
BNS 166 preserves the framework with drafting modernisations as required by the new code. Topic: 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
BNS 166 (Abetment of act of insubordination by soldier, sailor or airman) preserves the framework of IPC 138. BNS 166 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNS 166 text: Whoever abets what...
Editorial deltaAI-indicated (source-linked)
BNS 166 (Abetment of act of insubordination by soldier, sailor or airman) preserves the framework of IPC 138. BNS 166 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNS 166 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 138 continues to apply. For matters from that date forward, BNS 166 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 166 (Abetment of act of insubordination by soldier, sailor or airman). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §138 → BNS §166 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/138.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.