Section 162 BNS: Abetment of such assault, if assault committed
Bharatiya Nyaya Sanhita, 2023
Section 162 BNS at a Glance
Section 162 BNS deals with abetment of such assault, if assault committed. It is non-bailable and cognizable, triable by Magistrate of the first class; it replaced Section 134 IPC on 1 July 2024.
Imprisonment of either description for up to seven years.
Section 162 BNS Bare Act Text
162. Abetment of such assault, if the assault committed
Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Source: Section 162, Bharatiya Nyaya Sanhita, 2023
Section 162 BNS in Simple Words
Section 162 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who abets an assault by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India on a superior officer who is in the execution of his office, where the assault is actually committed in consequence of that abetment. In simple terms, if someone intentionally helps, encourages, or instigates such an attack on a superior officer on duty, and the attack happens because of that abetment, the abettor is punished more severely under this section.
The support may be spoken, planned, or given through conduct. In practice, police and courts look for proof of abetment, the official duty status of the superior officer, and the direct link between the encouragement and the assault that followed. It matters because even a person who does not strike the blow faces up to seven years of imprisonment, and is also liable to fine, when the abetted assault is carried out.
Ingredients of Section 162 BNS
- An assault by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
- The person assaulted was a superior officer in the execution of his office
- Abetment of that assault, and the assault committed in consequence of it
Punishment Under Section 162 BNS
Imprisonment of either description for up to seven years.
The offender is also liable to fine.
Abetting an assault on a superior officer, where the assault is committed in consequence of the abetment, carries imprisonment for up to seven years and liability to fine.
Example of Section 162 BNS
When Section 162 BNS Does Not Apply
- The assault was not committed, in which case Section 161 BNS applies
- The assault was committed but not in consequence of the abetment
- The superior officer was not in the execution of his office
- The person who assaulted was not an officer, soldier, sailor or airman of the Government of India
Section 162 BNS in the IPC (Previous Law)
Section 162 BNS replaces Section 134 IPC from the old criminal code.
Section 134 IPC is now Section 162 BNS, with the same words and the same punishment. The BNS title drops the word the before assault.
View IPC Section 134 →FAQs on Section 162 BNS
Under Section 162 BNS, can a person be punished even if they did not physically attack anyone?▼
Yes. If the person intentionally encouraged, helped, or planned the assault, the law can still hold them liable. Physical contact by the abettor is not necessary for abetment.
Does the assault have to actually happen for Section 162 BNS to apply?▼
Yes. This section applies only when the assault is committed in consequence of the abetment. If the assault does not take place, Section 161 BNS covers the abetment.
What evidence is usually used to prove an offence under Section 162 BNS?▼
Courts often look at witness statements, messages, calls, planning, presence at the scene, and conduct before and after the incident. The prosecution must show that the accused abetted the assault and that the assault happened as a result.
What is the punishment under Section 162 BNS?▼
The offender can be punished with imprisonment of either description for a term up to seven years, and is also liable to fine. This is higher than the three-year maximum under Section 161 BNS where the assault is not committed.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·