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 six months, or with fine, or with both.
IPC Section 138: Simplified Explanation
Indian Penal Code (IPC) Section 138 addresses “Abetment of act of insubordination by soldier, sailor or airman.” This section deals with anyone who incites or assists a soldier, sailor, or airman to commit an act of insubordination against their superior officers or military regulations. Insubordination under this context refers to any willful refusal to obey lawful orders or a failure to respect the military hierarchy and discipline.
This law is critical in maintaining the chain of command and ensuring that military operations are carried out efficiently and without internal disruption. The offence under this section focuses on preventing the erosion of discipline vital for the armed forces’ functionality and effectiveness.
Is IPC Section 138 Bailable?
IPC Section 138 is a bailable offence. This means the accused can seek and potentially receive bail from the court during the legal proceedings.
IPC Section 138 Punishment
The punishment for an offence under IPC Section 138 can include imprisonment for up to six months, a fine, or both. The court determines the appropriate sentence based on the case’s specifics, including the nature of the insubordination and the role of the abettor.
Example of IPC Section 138
Due to the internal and sensitive nature of military disciplinary matters, real-life examples of IPC Section 138 being invoked are not commonly available in the public domain. However, a hypothetical example could involve a civilian or another military personnel who encourages a group of soldiers to refuse a direct order from their commanding officer, leading to a situation of insubordination. Such cases are handled through military and civilian legal systems to restore order and maintain the essential discipline within the armed forces.
