Section 166 BNS: Abetment of Act of Insubordination by Soldier, Sailor or Airman
Section 166 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who abets what the person 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, where the act of insubordination is actually committed in consequence of that abetment.
Text of Section 166, Bharatiya Nyaya Sanhita, 2023
166. 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 two years, or with fine, or with both.
What Section 166 BNS Means
Section 166 addresses abetment of military insubordination. The provision requires both a culpable act of abetment and a completed act of insubordination committed in consequence of that abetment. The abettor must also know that the act being encouraged, conspired for or intentionally aided is an act of insubordination.
Meaning of Abetment under the BNS
Section 45 BNS explains when a person abets the doing of a thing. In substance, abetment may arise through instigation, participation in a conspiracy where an act or illegal omission takes place in pursuance of that conspiracy, or intentional aid by an act or illegal omission. Section 46 BNS defines an abettor and contains additional rules governing liability for abetment.
Section 166 is narrower than the general concept of abetment because it expressly requires the act of insubordination to be committed in consequence of the abetment before punishment under this section follows.
Essential Ingredients of Section 166 BNS
- There must be conduct amounting to abetment under the BNS.
- The act abetted must be an act of insubordination.
- The abettor must know that the act is one of insubordination.
- The person committing the act must be an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India.
- The act of insubordination must actually be committed.
- The act must be committed in consequence of the abetment.
Knowledge Requirement
The words "what he knows to be an act of insubordination" create an express knowledge requirement. The prosecution must therefore establish not only participation in abetment but also the required knowledge concerning the character of the act. Whether that knowledge is proved depends on the surrounding facts and evidence.
Punishment and BNSS Classification
| Provision | Section 166, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Punishment | Imprisonment of either description for up to 2 years, or fine, or both |
| Cognizable | Yes |
| Bailable | Yes |
| Court competent to try | Any Magistrate |
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, an offence under Section 166 BNS is cognizable and bailable and is triable by any Magistrate.
Difference Between Sections 163 and 166 BNS
Section 163 BNS deals with abetment of desertion by an officer, soldier, sailor or airman. Section 166 deals with abetment of an act of insubordination and additionally requires that the act of insubordination be committed in consequence of the abetment.
Difference Between Sections 165 and 166 BNS
Section 165 BNS is a negligence-based provision concerning a deserter concealed on board a merchant vessel. Section 166, in contrast, concerns knowing abetment of insubordination and requires a causal connection between the abetment and the act committed.
Corresponding Provision under the Indian Penal Code, 1860
Section 166 BNS broadly corresponds to Section 138 of the Indian Penal Code, 1860, which dealt with abetment of an act of insubordination by a soldier, sailor or airman where the act was committed in consequence of the abetment.
Commencement of the Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita, 2023 is Central Act 45 of 2023. The Central Government appointed 1 July 2024 as the date on which its provisions 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 procedural classification of Section 166 can be checked in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code.