Section 162 BNS: Abetment of Assault If the Assault Is Committed
Section 162 of the Bharatiya Nyaya Sanhita, 2023 provides enhanced punishment where a person abets an assault by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India on a superior officer who is acting in execution of his office, and the assault is actually committed in consequence of that abetment.
Text of Section 162, Bharatiya Nyaya Sanhita, 2023
162. 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.
Meaning of Section 162 BNS
Section 162 applies where the abetment described in the provision is followed by the actual commission of the assault in consequence of that abetment. The provision therefore requires more than merely proving encouragement, conspiracy or intentional assistance: the prosecution must also establish that the specified assault was committed as a consequence of the abetment.
The general law of abetment is contained in Section 45 BNS. A person abets the doing of a thing if the person instigates another person to do it, engages in a conspiracy for doing it where an act or illegal omission occurs in pursuance of that conspiracy and in order to doing that thing, or intentionally aids the doing of that thing by an act or illegal omission. Section 46 BNS explains the concept of an abettor.
Essential Ingredients of Section 162 BNS
- There must be abetment of an assault.
- The person committing the assault must be an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India.
- The person assaulted must be a superior officer.
- The superior officer must be in the execution of his office.
- The assault must actually be committed.
- The assault must have been committed in consequence of the abetment.
Punishment and BNSS Classification
| Provision | Section 162, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Punishment | Imprisonment of either description for up to 7 years and fine |
| Cognizable | Yes |
| Bailable | No; the offence is non-bailable |
| Court competent to try | Magistrate of the first class |
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, an offence under Section 162 BNS is classified as cognizable and non-bailable and is triable by a Magistrate of the first class. The Schedule explains that, in this context, cognizable means that a police officer may arrest without warrant.
Difference Between Sections 161 and 162 BNS
Section 161 BNS deals with abetment of the specified assault and provides imprisonment up to three years plus fine. Section 162 applies when the assault is actually committed in consequence of the abetment and increases the maximum term of imprisonment to seven years, in addition to fine.
Corresponding Provision under the Indian Penal Code, 1860
Section 162 BNS broadly corresponds to Section 134 of the Indian Penal Code, 1860, which dealt with abetment of such assault where the assault was committed. The BNS now governs offences committed after its commencement, subject to the applicable repeal and saving provisions.
Commencement of the Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita, 2023 is Act 45 of 2023. The Central Government appointed 1 July 2024 as the date on which the provisions of the BNS came into force, except the separately excluded provision of Section 106(2) in the commencement notification.
Official Legal Resources
The enacted statute can be checked in the official Bharatiya Nyaya Sanhita, 2023 PDF on India Code. The commencement notification is available from the Ministry of Home Affairs. The classification of offences, including Section 162 BNS, can be checked in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.