IPC 138→BNS 166

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)

View IPC Section 138 →View BNS Section 166 →

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

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section138166
OffenceAbetment of act of insubordination by soldier, sailor or airmanSame
PunishmentImprisonment 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.
FineFine with no fixed limit, alone or with imprisonment.The offender may be punished with fine alone or with both imprisonment and fine.
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 138 and BNS 166: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 138, IPC 1860

138. 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 six months, or with fine, or with both.
BNS 2023 (in force)

Section 166, BNS 2023

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.

Ingredients: IPC 138 vs BNS 166

Under IPC 138
  1. The accused abetted an act that he knew to be an act of insubordination
  2. The act was by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
  3. The act of insubordination was committed
  4. It was committed in consequence of the abetment
Under BNS 166
  1. 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
  2. Abetment of that act by the accused
  3. The act of insubordination committed in consequence of the abetment

What IPC 138 to BNS 166 Means for Pending Cases

For Section 138 IPC (now Section 166 BNS): the offence is unchanged but the maximum imprisonment is now two years instead of six months, so a charge for an act done after the BNS came into force cites Section 166 BNS and carries the higher maximum.

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 ·