Define ‘Mutiny’. What are the offences relating to mutiny provided in the Indian Penal Code,1860?

Question: Define ‘Mutiny’. What are the offences relating to mutiny provided in the Indian Penal Code,1860?

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Answer

The term mutiny is defined neither in the Indian Penal Code,1860 nor in either of the penal provisions dealing therewith. Mutiny; in common parlance is perceived as extreme collective insubordination or the combination of two or more persons to resist or to induce others to resist lawful military authority. Acts of a riotous nature directed against the Government of civil authorities rather than against military supervisors seem also constitute mutiny.

Mutiny is a capital offence under Section 37 of the Army Act, 1950. Section 37(e) of the provision defines mutiny, includes any endeavours to seduce such personnel from duty.

Sections 131 and 132 of the IPC punish abetment of mutiny and attempt to seduce any officer, soldier, sailor or airman in the Government of India. Section 131 of the code provides for the Abetment of mutiny and attempt of seduction of any officer, soldier, sailor or airman. Punishment of such an offence is either Life imprisonment/ imprisonment of 10 years and with a fine.

Section 132 of the code provides for the Abetment of mutiny if mutiny is committed in consequence of such abetment. Punishment for such an offence is either death/Life imprisonment/ imprisonment of 10 years and with fine.

The offences under both sections are cognizable offences and are triable by a court of session. It would therefore appear that section 131 applies to cases where mutiny is not committed in consequence of the abetment. Section 131 also makes any attempt to seduce any defence service personnel from his allegiance or duty punishable with imprisonment for life or imprisonment up to ten years. The scope of this section covers civilians and supplements the penal provisions of the Indian Air Force Act 1950, the Indian Army Act 1950 and the Indian Navy Act, 1934, etc, pertinent to desertion and mutiny.

The word “whoever” in the provision signifies any person except for persons to whom the Indian Army Act 1950, the Air Force Act 1950, the Indian Naval Discipline Act 1934 or the Naval Discipline Act is applicable. As held in Pindi Das v. Emperor, 6 Cr LJ (411) Whoever distributes amongst Indian troop copies of a letter published in a newspaper with an intention that the soldiers give up their allegiance to the Government of India must be made guilty under this Section.

Moreover, section 132 deals with the offence wherein the mutiny which was abetted has been committed consequent to the abetment. Therefore, this aggravated form of the offence is charged with the harshest punishment of death.

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