IPC 138 to BNS 166: Abetment of act of insubordination by soldier, sailor or airman
Section 138 IPC (1860) replaced by Section 166 BNS (2023)
IPC 138 to BNS 166 at a Glance
Section 138 IPC (Abetment of act of insubordination by soldier, sailor or airman) is now Section 166 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.
What Changed From IPC 138 to BNS 166?
Section 138 IPC is now Section 166 BNS, with the same title and the same words except for the punishment. The maximum imprisonment rises from six months to two years. Fine, or both imprisonment and fine, remain available.
IPC 138 vs BNS 166: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 138 | 166 |
| Offence | Abetment of act of insubordination by soldier, sailor or airman | Same |
| Punishment | Imprisonment of either description for a term which may extend to six months, or fine, or both. | Imprisonment of either description for up to two years. |
| Fine | Fine with no fixed limit, alone or with imprisonment. | The offender may be punished with fine alone or with both imprisonment and fine. |
| Bail | Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Any Magistrate | Same |
IPC 138 and BNS 166: Bare Act Text Side by Side
Section 138, IPC 1860
Section 166, BNS 2023
Ingredients: IPC 138 vs BNS 166
- The accused abetted an act that he knew to be an act of insubordination
- The act was by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
- The act of insubordination was committed
- It was committed in consequence of the abetment
- What the accused 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
- Abetment of that act by the accused
- The act of insubordination committed in consequence of the abetment
What IPC 138 to BNS 166 Means for Pending Cases
FAQs: IPC 138 to BNS 166
What changed when Section 138 IPC became Section 166 BNS?▼
The punishment. Section 166 BNS repeats the title and the words of Section 138 IPC, but the maximum imprisonment is two years where the IPC allows six months. Fine, or both, remain available.
Where does Section 138 IPC sit in the BNS?▼
In Section 166 BNS, in Chapter VIII, Of Offences Relating to the Army, Navy and Air Force.
Does Section 138 IPC or Section 166 BNS apply to an act done before 1 July 2024?▼
Section 138 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 138 IPC. Section 166 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·