Bharatiya Nyaya Sanhita, 2023
Section 166
Abetment of act of insubordination by soldier, sailor or airman
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 two years, or with fine, or with both.
Why this exists
Military discipline depends on prompt obedience to lawful commands. This provision, carried forward from the old Indian Penal Code (Section 136), aims to deter civilians or others from encouraging armed forces personnel to defy orders, since such acts could weaken discipline, morale, and operational readiness within the Army, Navy, or Air Force.
Common misconceptions
- Myth: Only the soldier who disobeys can be punished.
Fact: The law also punishes civilians or others who knowingly encourage that disobedience, if it actually happens. - Myth: Any careless comment to a soldier counts as abetment.
Fact: The person must knowingly encourage an act they understand to be insubordination, and the act must actually occur because of that encouragement.