Section 133 IPC: Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office

Indian Penal Code, 1860

Section 133 IPC at a Glance

Section 133 IPC deals with abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 161 BNS.

Punishment

Imprisonment of either description for up to three years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

BNS Equivalent

Section 161 →

Section 133 IPC Bare Act Text

133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
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 be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Source: Section 133, Indian Penal Code, 1860

Section 133 IPC in Simple Words

Section 133 of the Indian Penal Code (IPC) punishes abetting 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.

The punishment is imprisonment of either description for up to three years and fine.

The offence is cognizable and non-bailable, and it is tried by a Magistrate of the first class.

Ingredients of Section 133 IPC

The person who assaulted was 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 who was in the execution of his office
The accused abetted the assault

Punishment Under Section 133 IPC

Imprisonment

Imprisonment of either description for up to three years.

Fine

The offender is also liable to fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Abetting an assault by a soldier, sailor or airman on a superior officer in the execution of his office carries imprisonment for up to three years and fine.

Example of Section 133 IPC

In 2020, Tarun, a dockyard supplier in Kochi, held a grudge against Lieutenant Deshmukh, a superior naval officer who had rejected his defective cargo. Tarun met Govind, a sailor serving in the Navy of the Government of India, and urged Govind to punch Lieutenant Deshmukh while the lieutenant was conducting a scheduled equipment audit on the deck. Govind refused to attack his superior officer and reported the matter. Because Tarun abetted an assault by a sailor in the Navy on a superior officer in the execution of his office, Tarun is punishable under Section 133 IPC.

When Section 133 IPC Does Not Apply

Section 133 IPC does not apply when the superior officer is off duty and not acting in the execution of his office at the time of the proposed assault.
Section 133 IPC does not apply if the person instigated to commit the assault is not an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India.
Section 133 IPC does not apply where the abetted assault is actually carried out as a result of the abetment, since that situation falls under Section 134 IPC.
Section 133 IPC does not apply if the target of the instigated assault is a junior or peer rather than a superior officer.

Section 133 IPC in the BNS

Section 133 IPC is now covered under Section 161 BNS.

Section 133 IPC is now Section 161 BNS, with the same words and the same punishment.

View detailed comparison (IPC 133 vs BNS 161) →

FAQs on Section 133 IPC

What does Section 133 IPC provide?▼

It punishes abetting 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.

What is the punishment under Section 133 IPC?▼

Imprisonment of either description for up to three years, and fine.

How does Section 133 IPC differ from Section 134 IPC?▼

Section 133 IPC applies whether or not the assault is committed. Section 134 IPC applies where the assault is committed in consequence of the abetment, and its punishment is heavier.

Must the superior officer be on duty for Section 133 IPC?▼

Yes. The section applies where the superior officer is in the execution of his office.

Is an offence under Section 133 IPC cognizable and bailable?▼

It is cognizable and non-bailable.

Which court tries an offence under Section 133 IPC?▼

A Magistrate of the first class.

Can an offence under Section 133 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 133 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 161 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·