Section 138 IPC: Abetment of act of insubordination by soldier, sailor or airman

Indian Penal Code, 1860

Section 138 IPC at a Glance

Section 138 IPC deals with abetment of act of insubordination by soldier, sailor or airman. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 166 BNS.

Punishment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 166 →

Section 138 IPC Bare Act Text

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.

Source: Section 138, Indian Penal Code, 1860

Section 138 IPC in Simple Words

Section 138 of the Indian Penal Code (IPC) punishes abetting what the abettor 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, where the act is committed in consequence of the abetment.

The punishment is imprisonment of either description for up to six months, or fine, or both.

The offence is cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 138 IPC

  • The accused abetted an act that he knew to be an act of insubordination
  • The act was by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
  • The act of insubordination was committed
  • It was committed in consequence of the abetment

Punishment Under Section 138 IPC

Imprisonment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

Fine

Fine with no fixed limit, alone or with imprisonment.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Abetting an act of insubordination by an officer, soldier, sailor or airman, where the act is committed in consequence of the abetment, is punishable with imprisonment of either description for up to six months, or with fine, or with both.

Example of Section 138 IPC

In 2018, in Jodhpur, Gautam, an airman in the Air Force of the Government of India, was ordered by his commanding officer to report for night guard duty at the airfield. Harish, a local shopkeeper, knew that refusing the lawful order would be an act of insubordination by Gautam. Harish instigated Gautam to defy the order and stay away from the post. In consequence of that abetment, Gautam committed the act of insubordination by refusing to report for duty. Harish is punishable under Section 138 IPC.

When Section 138 IPC Does Not Apply

  • The person who encouraged the conduct did not know that it constituted an act of insubordination.
  • The officer, soldier, sailor or airman ultimately obeyed orders and did not commit the act of insubordination.
  • The act of insubordination was committed independently and not as a result of the abetment.
  • The person who committed the insubordinate act was not an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India.

Section 138 IPC in the BNS

Section 138 IPC is now covered under Section 166 BNS.

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 detailed comparison (IPC 138 vs BNS 166) →

FAQs on Section 138 IPC

What does Section 138 IPC provide?▼

It punishes abetting what the abettor 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, where the act is committed in consequence of the abetment.

What is the punishment under Section 138 IPC?▼

Imprisonment of either description for up to six months, or fine, or both.

Under Section 138 IPC, must the accused know the act to be one of insubordination?▼

Yes. The section covers abetting what the abettor knows to be an act of insubordination.

Under Section 138 IPC, must the act of insubordination actually be committed?▼

Yes. The section applies only if the act of insubordination is committed in consequence of the abetment.

Is an offence under Section 138 IPC cognizable and bailable?▼

It is cognizable and bailable.

Which court tries an offence under Section 138 IPC?▼

Any Magistrate.

Can an offence under Section 138 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 138 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 166 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 ·