IPC Sections 131-140: Offences Relating to the Army, Navy and Air Force

Chapter VII of the Indian Penal Code, 1860 dealt with offences relating to the Army, Navy and Air Force. Sections 131-138 addressed abetment of mutiny, assault, desertion and insubordination and connected conduct; Section 139 limited the application of the Chapter to persons governed by specified service laws; and Section 140 dealt with unauthorised wearing of military garb or carrying military tokens with the required deceptive intention.

Applicable-law note: This article explains the IPC and CrPC position applicable before the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. It remains relevant where the earlier law governs the alleged act or proceeding.

Section 131 IPC - Abetting mutiny or attempting to seduce from allegiance or duty

Section 131 punished a person who abetted the committing of mutiny by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India, or attempted to seduce such a person from allegiance or duty.

The punishment was imprisonment for life, or imprisonment of either description for a term up to ten years, together with liability to fine. The statutory explanation extended the expressions relating to officers and service personnel to persons subject to the specified armed-forces legislation.

Section 132 IPC - Abetment of mutiny when mutiny is committed

Section 132 applied where mutiny was committed in consequence of the abetment. It prescribed death, imprisonment for life, or imprisonment of either description up to ten years, together with liability to fine.

Section 133 IPC - Abetment of assault on a superior officer

Section 133 covered abetment of an assault by an officer, soldier, sailor or airman on a superior officer while that superior officer was in the execution of office. Punishment could extend to three years' imprisonment of either description, with fine.

Section 134 IPC - Abetment where the assault is committed

Section 134 applied where the assault described in Section 133 was actually committed in consequence of the abetment. Punishment could extend to seven years' imprisonment of either description, with fine.

Section 135 IPC - Abetment of desertion

Section 135 punished abetment of the desertion of an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India. Punishment could extend to two years' imprisonment of either description, or fine, or both.

Section 136 IPC - Harbouring a deserter

Section 136 applied where a person, knowing or having reason to believe that an officer, soldier, sailor or airman had deserted, harboured that deserter. Punishment could extend to two years' imprisonment of either description, or fine, or both.

Statutory exception: Section 136 did not extend to harbour given by a wife to her husband.

Section 137 IPC - Deserter concealed on a merchant vessel through negligence

Section 137 dealt with the master or person in charge of a merchant vessel on which a deserter from the Army, Navy or Air Force was concealed. Even if unaware of the concealment, that person could be liable to a penalty not exceeding five hundred rupees if the concealment could have been known but for neglect of duty or want of discipline on board the vessel.

Section 138 IPC - Abetment of an act of insubordination

Section 138 applied where a person abetted what the person knew to be an act of insubordination by an officer, soldier, sailor or airman, and that act of insubordination was committed in consequence of the abetment. Punishment could extend to six months' imprisonment of either description, or fine, or both.

Section 138A IPC - Repealed provision

Section 138A, which concerned application of the foregoing provisions to the former Indian Marine Service, had been repealed by the Amending Act, 1934. It therefore did not create an operative offence immediately before commencement of the BNS.

Section 139 IPC - Persons subject to specified armed-forces laws

Section 139 was a scope provision rather than a separate offence. In substance, it provided that persons subject to the specified Army, naval and Air Force legislation were not subject to punishment under the IPC for offences defined in Chapter VII. The provision reflected the operation of the special disciplinary laws governing service personnel.

Accordingly, Section 139 does not appear as a separate punishable offence in the CrPC classification table below.

Section 140 IPC - Wearing military garb or carrying a military token

Section 140 applied to a person who was not a soldier, sailor or airman in the military, naval or air service of the Government of India but wore garb, or carried a token resembling garb or a token used by such service personnel, with the intention that it might be believed that the person was such a soldier, sailor or airman.

Punishment could extend to three months' imprisonment of either description, or fine up to five hundred rupees, or both.

Classification of offences under IPC Sections 131-140

The First Schedule to the Code of Criminal Procedure, 1973 classified the punishable offences in Chapter VII as follows. Section 139 is not included because it is an exclusion/scope provision rather than an offence carrying punishment.

Chapter VII IPC - pre-BNS and pre-BNSS offence classification
Section	Offence	Punishment	Cognizability	Bail	Court
131	Abetting mutiny or attempting to seduce an officer, soldier, sailor or airman from allegiance or duty	Life imprisonment, or imprisonment up to 10 years and fine	Cognizable	Non-bailable	Court of Session
132	Abetment of mutiny, if mutiny is committed in consequence	Death, life imprisonment, or imprisonment up to 10 years and fine	Cognizable	Non-bailable	Court of Session
133	Abetment of assault on a superior officer while in execution of office	Imprisonment up to 3 years and fine	Cognizable	Non-bailable	Magistrate of the first class
134	Abetment of such assault, if the assault is committed	Imprisonment up to 7 years and fine	Cognizable	Non-bailable	Magistrate of the first class
135	Abetment of desertion of an officer, soldier, sailor or airman	Imprisonment up to 2 years, or fine, or both	Cognizable	Bailable	Any Magistrate
136	Harbouring a deserter	Imprisonment up to 2 years, or fine, or both	Cognizable	Bailable	Any Magistrate
137	Deserter concealed on merchant vessel through negligence of master or person in charge	Fine up to Rs. 500	Non-cognizable	Bailable	Any Magistrate
138	Abetment of insubordination, if the act is committed in consequence	Imprisonment up to 6 months, or fine, or both	Cognizable	Bailable	Any Magistrate
140	Wearing military garb or carrying token with intent that the person be believed to be service personnel	Imprisonment up to 3 months, or fine up to Rs. 500, or both	Cognizable	Bailable	Any Magistrate

How Chapter VII operated under the IPC

The provisions distinguished between conduct of differing seriousness. Sections 131 and 132 addressed mutiny; Sections 133 and 134 addressed abetment of assault on a superior officer; Sections 135-137 dealt with desertion and connected conduct; Section 138 dealt with insubordination; Section 139 limited the Chapter's application to persons governed by specified service legislation; and Section 140 addressed deceptive use of military garb or tokens.

For an IPC-era matter, the substantive section should be read together with the Code of Criminal Procedure, 1973 for cognizability, bail and trial jurisdiction, and with the applicable armed-forces legislation where Section 139 is relevant.