Bharatiya Nyaya Sanhita, 2023 - Chapter VIII
Section 159 BNS: Abetting Mutiny or Attempting to Seduce Soldier, Sailor or Airman from Duty
Bare provision of Section 159 BNS
Meaning and essential ingredients
Section 159 covers two broad forms of conduct: abetting the commission of mutiny and attempting to seduce a member of the specified armed forces from allegiance or duty.
1. Abetting mutiny
Section 45 BNS explains when a person abets the doing of a thing. Broadly, abetment may arise through instigation, conspiracy accompanied by an act or illegal omission in pursuance of that conspiracy, or intentional aid by an act or illegal omission. For Section 159, that concept operates in relation to the committing of mutiny by an officer, soldier, sailor or airman covered by the provision.
2. Attempting to seduce from allegiance or duty
The second limb of Section 159 separately punishes an attempt to seduce an officer, soldier, sailor or airman from allegiance or duty. The statutory language therefore reaches an attempt even where no mutiny is ultimately committed.
3. Persons and forces covered
The provision expressly refers to an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India.
4. Mutiny need not actually occur under Section 159
Section 159 itself does not require that mutiny must actually be committed in consequence of the abetment. Where mutiny is in fact committed as a consequence of the abetment, Section 160 BNS provides a more serious offence and punishment.
Punishment and procedural classification
| Offence | Abetting mutiny, or attempting to seduce an officer, soldier, sailor or airman from allegiance or duty. |
|---|---|
| Punishment | Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and fine. |
| Cognizable | Yes. |
| Bail | Non-bailable. |
| Court competent to try | Court of Session. |
Section 159 and Section 160 BNS: key distinction
Section 159 punishes abetment of mutiny or an attempt to seduce an officer, soldier, sailor or airman from allegiance or duty, even where mutiny is not shown to have been committed as a consequence. Section 160 applies where mutiny is actually committed in consequence of the abetment and provides for punishment extending to death, imprisonment for life, or imprisonment up to ten years, along with fine.
Commencement of the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government brought its provisions into force from 1 July 2024, except Section 106(2). Section 159 is therefore in force.
Official legal sources
The current statutory text is available in the official India Code copy of the Bharatiya Nyaya Sanhita, 2023. The procedural classification is provided in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Official material on the new criminal laws is also available from the Ministry of Home Affairs.