What are the offences relating to Army, Navy and Air Force?

Question: What are the offences relating to Army, Navy and Air Force?

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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.

The following offences relating to the army, navy and air force find a place in the IPC.

• Abetment of Mutiny

Sections 131 and 132 deal with the abetment of mutiny and attempt to seduce defence personnel from duty. 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.

• Abetment of Assault by an Officer on a Superior Officer

Sections 133 and 134 punish the abetment of an assault2 by an officer on a superior officer. Section 133 deals with the liability of an abettor of such an assault when the abetted assault is not committed, while s 134 punishes such an abetment when the offence of abetment is committed in pursuance of the abetment. Section 134, thus, is an aggravated form of the offence described under section 133.

• Abetment of Desertion

Sections 135 and 136 prescribe punishment for abetting and harbouring a deserter respectively. Section 135 makes mere abetment for desertion punishable. It is not necessary that the abetted desertion take place. Intention not to report back for duty is the essence of desertion. Section 135, dealing with this aspect of an offence relating to the army, navy and air force. Also, Section 136 makes intentional harbouring of a deserter an offence. Intentional concealment of a known deserter, with a view to avoiding his apprehension, makes a person ‘harbourer’ and thereby culpable under section 136.

• Abetment of an Act of Insubordination

Section 138, which makes a person liable for abetting an act of insubordination, can be made applicable only in those cases of abetment which are actually followed by the acts of insubordination. Further, it requires that the abettor had the requisite knowledge of the act of insubordination.

• Wearing Garb

Section 140 punishes the wearing of the dress of a soldier, sailor or airman, with a view to inducing others to believe that he is in the ‘service’ at the present time. So merely wearing a soldier’s garb without the specific intention, does not amount to an offence under s 140. Thus, it punishes those who personate soldiers, sailors or airmen.

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