Section 166 BNS: Abetment of act of insubordination by soldier, sailor or airman
Bharatiya Nyaya Sanhita, 2023
Section 166 BNS at a Glance
Section 166 BNS deals with abetment of act of insubordination by soldier, sailor or airman. It is bailable and cognizable, triable by any Magistrate; it replaced Section 138 IPC on 1 July 2024.
Imprisonment of either description for up to two years.
Section 166 BNS Bare Act Text
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.
Source: Section 166, Bharatiya Nyaya Sanhita, 2023
Section 166 BNS in Simple Words
Section 166 of the Bharatiya Nyaya Sanhita (BNS) punishes anyone who 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, if that act of insubordination is actually committed in consequence of the abetment. In simple terms, it targets a person who knowingly encourages, instigates, or assists a member of the armed forces to defy lawful military authority or discipline, and the insubordinate act takes place as a result.
Two conditions are central to this offence. First, the abettor must know that the conduct being encouraged or assisted is an act of insubordination by a member of the Army, Navy or Air Force. Second, the act of insubordination must be committed because of that abetment.
This provision protects command and discipline in the armed forces against outside interference. If the offence is proved, the person who abetted the insubordination can be punished with imprisonment of either description for up to two years, or with fine, or with both.
Ingredients of Section 166 BNS
- 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
Punishment Under Section 166 BNS
Imprisonment of either description for up to two years.
The offender may be punished with fine alone or with both imprisonment and fine.
Abetting an act of insubordination that is committed in consequence of the abetment carries imprisonment for up to two years, or fine, or both.
Example of Section 166 BNS
When Section 166 BNS Does Not Apply
- The accused did not know the act to be an act of insubordination
- The act of insubordination was not committed
- The act was committed but not in consequence of the abetment
- The person who acted was not an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
Section 166 BNS in the IPC (Previous Law)
Section 166 BNS replaces Section 138 IPC from the old criminal code.
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.
View IPC Section 138 →FAQs on Section 166 BNS
What does Section 166 of the Bharatiya Nyaya Sanhita cover?▼
Section 166 BNS covers abetting an act of insubordination by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India. It applies when a person knows that the act being encouraged or supported is an act of insubordination, and that act is actually committed because of the abetment.
What has to be proved under Section 166 BNS?▼
It must be shown that the person abetted an act of insubordination and knew that it was an act of insubordination by a member of the armed forces named in the section. It must also be proved that the insubordination was committed in consequence of that abetment.
Is Section 166 BNS bailable?▼
Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.
What is the punishment under Section 166 of the Bharatiya Nyaya Sanhita?▼
The punishment under Section 166 BNS is imprisonment of either description for a term which may extend to two years, or fine, or both. The exact sentence in a case will depend on the facts and the court's decision.
How is Section 166 BNS different from just talking to a soldier or officer?▼
Mere conversation is not what the section targets. Section 166 BNS specifically applies to abetment of an act of insubordination, and only when that act is committed as a result of the abetment.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·