Can a soldier, sailor or airman be punished for committing any offence against the army, navy or air force mentioned in the I. P. C.?

Question: Can a soldier, sailor or airman be punished for committing any offence against the army, navy or air force mentioned in the I. P. C.?

Find the answer to the mains question only on Legal Bites.[Can a soldier, sailor or airman be punished for committing any offence against the army, navy or air force mentioned in the I. P. C.?]

Answer

Chapter VII of the IPC deals with certain offences which might be committed by the civilian population in relation to the defence personnel. It punishes persons who, not being soldiers or sailors themselves, abet soldiers and sailors in committing gross breaches of discipline. However, it is important to note here that the acts committed by the service personnel, which otherwise fall under this chapter, are not governed by the IPC as these persons, by virtue of section 139, are amenable to the respective Acts to which they are subjected to.

According to Section 139 of the Indian Penal Code, 1860 No person subject to the Army Act, The Army Act, 1950 (46 of 1950), The Naval Discipline Act, The Indian Navy (Discipline) Act, 1934 (34 of 1934), The Air Force Act or The Air Force Act, 1950 (45 of 1950), is subject to punishment under this Code for any of the offences defined in this Chapter. It, thus, aids and supports, from the civilian angle, of the Army, Navy and Air Force Acts which are designed to maintain perfect discipline in the armed forces. Therefore, a soldier, sailor or airman cannot be punished for committing any offence against the army, navy or air force mentioned in the I. P. C

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