Section 139 IPC: Persons subject to certain Acts

Indian Penal Code, 1860

Section 139 IPC at a Glance

Section 139 IPC deals with persons subject to certain Acts. From 1 July 2024 it is replaced by Section 167 BNS.

Punishment

None. Section 139 IPC prescribes no punishment.

BNS Equivalent

Section 167 →

Section 139 IPC Bare Act Text

139. Persons subject to certain Acts

No person subject to the Army Act, the Army Act, 1950 (46 of 1950), the Naval Discipline Act, the Indian Navy (Discipline) Act, 1934 (34 of 1934), the Air Force Act or the Air Force Act, 1950 (45 of 1950), is subject to punishment under this Code for any of the offences defined in this Chapter.

Source: Section 139, Indian Penal Code, 1860

Section 139 IPC in Simple Words

Section 139 of the Indian Penal Code (IPC) provides that no person subject to the Army Act, the Army Act, 1950, the Naval Discipline Act, the Indian Navy Discipline Act, 1934, the Air Force Act or the Air Force Act, 1950 is subject to punishment under the Code for any of the offences defined in the same Chapter, Chapter VII, Of Offences Relating to the Army, Navy and Air Force.

The section creates no offence and prescribes no punishment of its own.

It only limits who can be punished under that Chapter.

Ingredients of Section 139 IPC

  • The person is subject to the Army Act, the Army Act, 1950, the Naval Discipline Act, the Indian Navy Discipline Act, 1934, the Air Force Act or the Air Force Act, 1950
  • The offence alleged is one defined in the same Chapter, Chapter VII of the IPC

Punishment Under Section 139 IPC

Imprisonment

None. Section 139 IPC prescribes no punishment.

Fine

None. Section 139 IPC prescribes no fine.

Section 139 IPC creates no offence, so it has no punishment and no entry in the First Schedule to the CrPC.

Example of Section 139 IPC

In 2020, in Pune, Rajendra, a serving officer in the Indian Army who was subject to the Army Act, 1950, was accused of abetting the desertion of a soldier named Sameer. Abetting the desertion of a soldier is an offence defined in Chapter VII of the Indian Penal Code. Because Rajendra was a person subject to one of the military, naval, or air force statutes listed in the provision, namely the Army Act, 1950, Rajendra is not subject to punishment under the Indian Penal Code for that Chapter VII offence because of Section 139 IPC.

When Section 139 IPC Does Not Apply

  • The accused is a civilian who is not subject to the Army Act, the Army Act, 1950, the Naval Discipline Act, the Indian Navy (Discipline) Act, 1934, the Air Force Act, or the Air Force Act, 1950.
  • A person subject to one of the listed military, naval, or air force statutes is prosecuted under the Indian Penal Code for an offence defined outside Chapter VII, such as theft or hurt.
  • The proceeding against the person is conducted under one of the military, naval, or air force statutes rather than for punishment under Chapter VII of the Indian Penal Code.

Section 139 IPC in the BNS

Section 139 IPC is now covered under Section 167 BNS.

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.

View detailed comparison (IPC 139 vs BNS 167) →

FAQs on Section 139 IPC

What does Section 139 IPC provide?▼

It provides that no person subject to the Army Act, the Army Act, 1950, the Naval Discipline Act, the Indian Navy Discipline Act, 1934, the Air Force Act or the Air Force Act, 1950 is subject to punishment under the Code for any of the offences defined in the same Chapter.

Is Section 139 IPC an offence?▼

No. It creates no offence and prescribes no punishment. It limits who can be punished for the offences defined in Chapter VII.

Which Chapter does Section 139 IPC refer to?▼

The Chapter it sits in, Chapter VII of the IPC, Of Offences Relating to the Army, Navy and Air Force.

Does Section 139 IPC say what law applies to such a person instead?▼

No. It says only that such a person is not subject to punishment under the Code for the offences defined in that Chapter. It names no other law.

Is Section 139 IPC bailable or cognizable?▼

Neither. It is not an offence and has no entry in the First Schedule to the CrPC, so it carries no classification of its own.

Where is Section 139 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 167 BNS, which names three Acts in place of the six named in the IPC.

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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 ·