Safeguarding the Ranks

The Bharatiya Nyaya Sanhita (BNS), 2023, marks a historic shift in India’s criminal justice landscape, replacing the Indian Penal Code of 1860 with a modern, indigenous, and citizen-centric legal framework. Enacted with the objective of decolonizing and rationalizing substantive criminal law, the BNS seeks to address contemporary socio legal realities while upholding constitutional values. Among its various chapters, a crucial segment is devoted to “Offences Relating to the Army, Navy and Air Force.” These provisions are designed to protect the integrity, discipline, and hierarchical structure of the Indian Armed Forces, which are essential to national security and sovereignty. The BNS criminalizes not only direct acts of indiscipline such as mutiny or desertion but also indirect threats, including abetment, concealment, and impersonation, ensuring that both internal and external attempts to disrupt military discipline are adequately penalized.

What is the punishment for abetting mutiny or attempting to seduce a soldier, sailor, or airman from his duty?

The punishment is imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and also liable to fine.

 What is the punishment if mutiny is actually committed as a result of abetment?

If mutiny is committed in consequence of the abetment, the person shall 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.

 What is the punishment for abetting an assault by a soldier, sailor, or airman on a superior officer who is in execution of his office?

The punishment is imprisonment of either description for a term which may extend to three years, and also liable to fine.

 What is the punishment if the assault on the superior officer is actually committed as a result of abetment?

If the assault is committed in consequence of the abetment, the punishment is imprisonment of either description for a term which may extend to seven years, and also liable to fine.

 What is the punishment for abetting the desertion of a soldier, sailor, or airman?

The punishment is imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 What is the punishment for harbouring a deserter knowing or having reason to believe that he has deserted?

The punishment is imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 Is there any exception to the offence of harbouring a deserter?

Yes, it does not apply if the harbour is given by the deserter’s spouse.

 What is the liability of the master or person in charge of a merchant vessel if a deserter is found concealed on board through negligence?

Such a person is liable to a penalty not exceeding three thousand rupees if he might have known of the concealment but for some neglect of duty or want of discipline on board.

 What is the punishment for abetting an act of insubordination by a soldier, sailor, or airman if committed in consequence of such abetment?

The punishment is imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 What is the punishment for wearing a uniform or carrying a token used by a soldier, sailor, or airman with the intent to deceive?

The punishment is imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both.

Therefore, the provisions relating to the Army, Navy, and Air Force under the Bharatiya Nyaya Sanhita, 2023, reflect the Indian State’s commitment to upholding the sanctity and operational discipline of its defence forces. By imposing stringent penalties on acts such as abetment of mutiny, assault on superior officers, desertion, and impersonation, the BNS reinforces the foundational principles of loyalty, order and authority in military institutions.

These provisions are vital not merely as legal safeguards but as instruments of national security ensuring that the armed forces remain insulated from subversion and civilian interference. As India modernizes its legal framework, the continuity of such protections underscores the timeless need for an unwaveringly disciplined and loyal military force.

 Muneeb Rashid Malik is an Advocate.

He tweets @muneebmalikrash.