Offenses Relating To The Army, Navy, And Air Force
Abstract
Chapter VII of the Indian Penal Code, 1860 deals with offenses committed in relation to any defense personnel. The main reason this chapter has been incorporated is for those offenses in which civilians abet offenses committed by the Army, Navy, and Air Force. The basic purpose of this chapter is to maintain discipline under the Army, Navy, and Air Force.
Introduction
Section 131 – 140 of the Indian Penal Code, 1860 deals with offenses relating to the Army, Navy, and Air Force. It deals with offenses that are committed by civilians in relation to defense personnel. This Sections mainly discuss the offenses related to abetment of breach of military laws and harboring of offenders against the Law
Offenses Relating to the Army, Navy, and Air force
The Classification of offenses which are committed by civilians in relation to the Army, Navy, and Air force governed by the Indian Penal Code There are:
(Section 131)- Abetting mutiny, or attempting to seduce, sailor or airman from his duty.
This section states that Whoever abets the committing or mutiny by an officer, soldier sailor or airman, in the Army, Navy or Air Force of the Government of India or attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. It is a Cognizable and Non Bailable offense.
(Section 132)- Abetment of mutiny, if mutiny is committed in consequence thereof.
This section states that Whoever abets the committing of mutiny by an officer, soldier, or airman, in the Army, Navy, or Air Force of the Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. It is a Cognizable and Non Bailable offense.
(Section 133)- Abetment of assault by soldier, sailor, or airman on his superior officer, when in the execution of his office.
This section states that 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. It is a Cognizable and Non Bailable offense.
(Section 134)- Abetment of such assault, if the assault is committed.
This section states that 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 is 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. It is a Cognizable and Non Bailable offense
(Section 135)- Abetment of desertion of soldier, sailor, or airman.
This section states that Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. It is a Cognizable and Bailable offense.
(Section 136)- Harbouring deserter.
This section states that Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, has deserted, harbors such officer, soldier, sailor, or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both. It is a Cognizable and Bailable offense.
Exception:- This provision does not extend to the case in which the harbor is given by a wife to her husband.
(Section 137)- Deserter concealed on board merchant vessel through negligence of master.
This section states that master or person in charge of a merchant’s vessel, on board of which any deserter from the Army, Navy or Air Force of the Government of India is concealed, shall though ignorant of such concealment, be liable to a penalty not exceeding five hundred rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessels. It is a Non-Cognizable and Bailable offense.
(Section 138)- Abetment of act of insubordination by soldier, sailor, or airman.
This section states that 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. It is a Cognizable and Bailable offense.
(Section 139)- Persons subject to certain Acts.
This section states that no person is subject to the Army Act, the Army Act 1950 (46 of 1950), or the Naval Discipline Act, the Indian Navy (Discipline) Act, 1934 (34 of 1934), the Air Force Act, or the Air Force Act, 1950 (45 of 1950), is subject to punishment under this code for any of the offenses defined in this chapter.
(Section 140)- Wearing garb or carrying token used by soldier, sailor or airman
This section states that Whoever, not being a soldier, sailor or airman, in the military, Naval or Air Service of the Government of India, wears any garb or carries any token resembling any garb or token used by such a soldier, sailor, or airman with the intention that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months, or with the fine which may extend to five hundred rupees, or with both. It is a Cognizable and Bailable offense.
Conclusion
This chapter talks about that offense of abetment which might be committed by a regular citizen in connection to an official of the defense service. The Fundamental Objective is to bring discipline among the officers of the Army, Navy, and Air Force under the Government of India.
