Code: Section 160 BNS
Whoever abets the committing of mutiny by an officer, soldier, sailor 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.
Explanation of Section 160 BNS
1. What is Mutiny?
Mutiny refers to a collective rebellion or resistance by members of the armed forces against the lawful authority of their superiors. It is considered one of the gravest offenses in military law, as it threatens national security and discipline within the armed forces.
2. Abetment of Mutiny
- This section criminalizes not just mutiny itself but also the abetment (instigation, aiding, or facilitating) of mutiny.
- If a person encourages, persuades, or assists military personnel in committing mutiny, they can be held responsible under this provision.
- The law applies to officers, soldiers, sailors, and airmen of the Indian Army, Navy, and Air Force.
3. Punishment for Abetment of Mutiny
If mutiny occurs as a direct result of someone’s abetment, the person abetting is subject to:
- Death penalty, or
- Life imprisonment, or
- Imprisonment up to 10 years, and
- Fine (in addition to the above punishments).
The severity of punishment highlights the seriousness of this crime, given its impact on national security.
Illustration
Example 1: Officer Instigating Soldiers to Revolt
An army officer encourages a group of soldiers to disobey their commanding officer and take control of a military base. If the soldiers act on this instigation and stage a mutiny, the officer will be punished under Section 160 BNS.
Example 2: Civilian Encouraging a Navy Sailor to Revolt
A civilian activist persuades a naval officer to lead a rebellion against senior naval authorities. If the officer, influenced by this abetment, incites others and commits mutiny, the civilian will also be liable under Section 160 BNS.
Common Questions and Answers on Section 160 BNS
1. Who can be punished under this section?
Anyone who abets mutiny in the armed forces—whether a military personnel or a civilian—can be punished under Section 160 BNS if mutiny is committed due to their instigation.
2. Is an attempt to abet mutiny also punishable?
No, Section 160 BNS applies only if the abetment results in actual mutiny. However, other sections of BNS might cover attempts to instigate mutiny.
3. Can a person be punished if the mutiny was not successful?
No, this section specifically applies when mutiny is committed as a result of abetment. However, separate provisions exist for attempting or conspiring to commit mutiny.
4. Why does this offense attract the death penalty?
Mutiny in the armed forces directly threatens national security, disrupts military discipline, and can lead to widespread instability. Hence, the law prescribes severe punishment.
5. Can a person be convicted under this section without evidence of abetment?
No, the prosecution must prove that the accused actively encouraged or assisted the mutiny and that the mutiny occurred as a result of this abetment.
Conclusion
Section 160 BNS is a crucial provision aimed at maintaining discipline and stability in the armed forces. It ensures that individuals who instigate rebellion within the military face severe legal consequences, reinforcing the importance of obedience and hierarchy in national defense.
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