Section 133 IPC: Abetment of Assault by Soldier, Sailor or Airman on Superior Officer

Section 133 of the Indian Penal Code, 1860 dealt with abetment of 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 while that superior officer was executing the duties of his office.

Pre-BNS legal position: This article explains Section 133 IPC as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is intended for understanding the IPC regime applicable to offences committed while the IPC was in force.

Text of Section 133 IPC

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.

Meaning and scope of Section 133 IPC

The section punished the abetment of a specified assault. In other words, the person prosecuted under Section 133 need not personally commit the assault. The prosecution had to establish abetment within the meaning of the IPC and connect that abetment with the contemplated assault on a superior officer.

The provision was confined to the military context described in the section. The contemplated assailant had to be an officer, soldier, sailor or airman serving in the Army, Navy or Air Force of the Government of India, and the intended victim had to be a superior officer who was in the execution of his office.

Essential ingredients

There must be abetment of an assault.
The contemplated assault must be by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India.
The assault must be directed against a superior officer.
The superior officer must be in the execution of his office at the relevant time.
The acts and intention of the accused must satisfy the legal requirements of abetment under the IPC.

Punishment and classification

PunishmentImprisonment of either description up to 3 years and fine

CognizabilityCognizable

BailNon-bailable

TrialMagistrate of the first class

CompoundingNon-compoundable

ChapterOffences relating to the Army, Navy and Air Force

Section 133 and Section 134 IPC

Section 133 addressed the abetment of the specified assault. The immediately following Section 134 IPC dealt with the aggravated situation where such assault was actually committed in consequence of the abetment. Section 134 prescribed a higher maximum term of imprisonment.

What does "abetment" mean under the IPC?

For the pre-BNS IPC framework, the general law of abetment was principally contained in Section 107 IPC. Broadly, abetment could arise through instigation, conspiracy accompanied by an act or illegal omission in pursuance of that conspiracy, or intentional aid. Whether conduct amounted to abetment depended on the facts and the required mental element.

Historical amendments reflected in Section 133

The statutory wording was updated over time. Act 10 of 1927 substituted language so that the provision expressly covered "sailor or airman" and the "Navy or Air Force". The Adaptation of Laws Order, 1950 substituted "Government of India" for the earlier reference to the "Queen".