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, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Simplified Explanation
Section 162 of the Bharatiya Nyaya Sanhita (BNS) 2023 addresses the more severe consequences of abetting an assault on a superior officer in the armed forces (Army, Navy, or Air Force), specifically when such an assault is actually carried out as a result of that abetment. The section imposes stricter penalties for abetment leading to the actual commission of the assault.
Key Elements of Section 162
- Abetment of Assault:
- Abetment: This refers to the act of encouraging, inciting, or assisting another person to commit an assault. In this case, the abetment involves an assault by a military member (officer, soldier, sailor, or airman) on a superior officer while the superior officer is executing their official duties.
- Assault: An assault refers to an unlawful physical attack or threat of harm against another person, in this case, the superior officer.
- Consequences of Abetment:
- The crucial element of this section is that the assault must be committed as a direct result of the abetment. If the abetted assault occurs, the abettor faces harsher penalties than for mere encouragement or incitement.
- Superior Officer in Execution of Office:
- The assault must target a superior officer who is in the execution of their official duties. This makes the offense even more serious, as it involves an attack on an individual performing essential duties for the armed forces.
Punishments Prescribed
- Imprisonment (Up to 7 Years):
- The person who abets the assault and whose actions result in the actual commission of the assault faces imprisonment for a term that may extend up to seven years. This term can be either rigorous or simple imprisonment, depending on the circumstances.
- Fine:
- In addition to imprisonment, the individual may be fined. This additional financial penalty acts as a further deterrent and punishment.
Purpose and Rationale
- Deterrence Against Abetment:
- By imposing a harsher penalty for abetment that results in the actual commission of an assault, this section seeks to deter individuals from inciting or assisting violence against superior officers.
- Maintaining Discipline in the Armed Forces:
- The section emphasizes the importance of military discipline, as assaults on superior officers undermine the chain of command and the operational readiness of the armed forces.
- Upholding the Rule of Law:
- Ensuring that military personnel respect and follow the lawful orders of their superior officers is critical for the functioning of the armed forces. This section ensures that individuals who actively encourage or assist in violating this principle are severely penalized.
Comparison with Indian Penal Code (IPC), 1860
- This provision under the Bharatiya Nyaya Sanhita is similar in concept to Section 345 of the IPC, which addresses criminal assault within the military. However, Section 162 of the BNS focuses specifically on the offense of abetting an assault on a superior officer, imposing more severe penalties when the assault is actually committed.
Illustrations
- Example 1:
- A soldier encourages another soldier to physically attack their commanding officer during an official meeting. The encouraged soldier then goes ahead with the assault. The person who abetted the assault will be punished under Section 162 for their role in inciting the violence.
- Example 2:
- A group of sailors plans to attack their superior officer. One sailor provides them with a plan and material support. If the assault is carried out, the person who aided the attack will be liable under Section 162.
- Example 3:
- An officer suggests to subordinates that the superior officer is unfit for command and should be physically removed. When one of the subordinates assaults the officer, the person who abetted the assault will face punishment under this section.
Defenses
- Lack of Intent:
- The accused may argue that their actions were not intended to incite or encourage an assault and that they did not foresee that their encouragement would lead to actual violence.
- No Direct Link Between Abetment and Assault:
- The defense could claim that the abettor’s actions did not directly lead to the assault or that the assault would have occurred without their encouragement or assistance.
- Coercion or Duress:
- If the accused acted under threat or duress, they may claim they were forced to assist in the assault against their will.
Impact on Military and Governance
- Strengthening Military Discipline: By imposing severe consequences for abetment of assault on superior officers, this section reinforces the importance of discipline and hierarchy within the armed forces.
- Safeguarding Military Authority: Attacks on superior officers disrupt the chain of command and hinder military operations. This section aims to prevent such subversive actions that could destabilize the armed forces.
- Protecting National Security: The armed forces are essential to national defense, and maintaining their operational integrity is crucial. This section ensures that any actions that threaten the effective functioning of the military are heavily penalized.
Conclusion
Section 162 of the Bharatiya Nyaya Sanhita, 2023, treats abetment of assault on a superior officer in the armed forces as a serious offense, particularly when such an assault is actually carried out as a consequence of the abetment. The provision imposes severe penalties, including imprisonment of up to seven years and fines, to deter individuals from undermining military authority and discipline. By holding abettors accountable for the consequences of their actions, this section helps maintain the integrity of the armed forces and supports the operational readiness of the military.
