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IPC, 1860
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IPCChapter VIISection 138
Section138

Abetment of act of insubordination by soldier, sailor or airman

AI Assist

Summary

Someone who knowingly encourages an officer, soldier, sailor or airman of the Army, Navy or Air Force to commit an act of insubordination is criminally liable if that act is actually carried out as a result. The penalty can be imprisonment for up to six months, or a fine, or both.

Example

Ravi tells a soldier to ignore a lawful order and knows that asking this is urging insubordination. The soldier disobeys the order because of Ravi's instruction. Since Ravi knowingly abetted an act of insubordination and the act occurred, he can be punished with up to six months imprisonment, or a fine, or both.

Bare Act

Enacted text

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.

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VII

Chapter VII

Of Offences Relating to the Army, Navy and Air Force

In this chapter

  • 131Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
  • 132Abetment of mutiny, if mutiny is committed in consequence thereof
  • 133Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
  • 134Abetment of such assault, if the assault committed
  • 135Abetment of desertion of soldier, sailor or airman
  • 136Harbouring deserter
  • 137Deserter concealed on board merchant vessel through negligence of master
  • 138Abetment of act of insubordination by soldier, sailor or airman
  • 138A(Repealed) Application of foregoing sections to the Indian Marine Service
  • 139Persons subject to certain Acts
  • 140Wearing garb or carrying token used by soldier, sailor or airman
Previous · Section 137Deserter concealed on board merchant vessel through negligence of masterNext · Section 138A(Repealed) Application of foregoing sections to the Indian Marine Service