Section 167 BNS: Persons subject to certain Acts

Section 167 of the Bharatiya Nyaya Sanhita (BNS) provides that no person who is subject to the Air Force Act, 1950, the Army Act, 1950, and the Navy Act, 1957 shall be subject to punishment under the BNS for any of the offences defined in Chapter VIII. Chapter VIII covers offences relating to the Army, Navy and Air Force, such as abetting mutiny, desertion, assault on a superior officer, or insubordination, harbouring a deserter, and wearing military garb.

In simple terms, serving personnel who are governed by those three service Acts are dealt with under their respective military, naval, or air force laws for offences of this nature, and cannot be punished under the BNS for the offences in this Chapter. Instead, the offences in Chapter VIII of the BNS apply to civilians and other persons who are not subject to those three Acts.

Section 167 BNS replaces Section 139 IPC from the old criminal code.

Section 139 IPC is now Section 167 BNS, with the same title. The list of Acts is shorter. Section 167 BNS names three, the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957. Section 139 IPC names six, among them the Naval Discipline Act and the Indian Navy Discipline Act, 1934, which the BNS does not name. The Navy Act, 1957 is new to the list. The words this Code become this Sanhita, and the BNS adds the words or shall be before subject to punishment.