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BNS Section 161: Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office

Section 161 of the Bharatiya Nyaya Sanhita, 2023 deals with abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. It replaces IPC 133 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 161 is cognizable and non-bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
161Abetment of assault by an officer, soldier, sailor or airman on his superior officer, when in execution of his office.Imprisonment for 3 years and fine.CognizableNon-bailableMagistrate of the first class

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 161

161. 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 be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Committing depredation on territories of foreign State at peace with Government of India.

Receiving property taken by war or depredation mentioned in sections 153 and 154.

Public servant voluntarily allowing prisoner of State or war to escape.

Public servant negligently suffering such prisoner to escape.

Aiding escape of, rescuing or harbouring

such prisoner.

Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.

Abetment of mutiny, if mutiny is committed in consequence thereof.

Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.

Abetment of such assault, if assault committed.

Abetment of desertion of soldier, sailor or airman.

Harbouring deserter.

Deserter concealed on board merchant vessel through negligence of master.

Abetment of act of insubordination by soldier, sailor or airman.

Persons subject to certain Acts.

Wearing garb or carrying token used by soldier, sailor or airman.

Candidate, electoral right defined.

Bribery.

IPC sections replaced

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