Rep. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch.
IPC Section 138A: Simplified Explanation
Indian Penal Code (IPC) Section 138A addresses “Application of preceding sections to the Indian Reserve Forces.” This section extends the applicability of the provisions outlined in IPC Sections 131 to 140 to members of the Indian Reserve Forces. These sections deal with various offences related to mutiny, abetment, desertion, and insubordination within the armed forces.
This inclusion ensures that members of the Indian Reserve Forces are subject to the same disciplinary standards and legal consequences as members of the regular armed forces for similar offences. The law recognizes the reserve forces’ vital role in national security and seeks to maintain consistent discipline and accountability across all military personnel.
Is IPC Section 138A Bailable?
IPC Section 138A does not specify whether offences are bailable or non-bailable; it depends on the specific section being applied. Generally, the availability will mirror that of the corresponding offence as if a regular armed forces member committed it.
IPC Section 138A Punishment
The Punishment under IPC Section 138A for offences committed by members of the Indian Reserve Forces is the same as that prescribed for the regular forces under the respective sections (131 to 140). This ensures uniformity in the handling of similar offences across different components of the military.
Example of IPC Section 138A
Real-life examples specific to IPC Section 138A are not commonly detailed in public records due to the military and legal confidentiality involved. However, a hypothetical scenario could involve a member of the Indian Reserve Forces who, inspired by IPC Section 138A, is prosecuted for wearing unauthorized military garb or for abetting an act of insubordination. Such cases emphasize the legal framework’s role in preserving discipline and integrity within all military ranks, including the reserve components.
