Section 134 IPC: Abetment of Assault If the Assault Is Committed

Section 134 of the Indian Penal Code, 1860 dealt with abetment of an assault by an officer, soldier, sailor or airman on a superior officer who was executing his office, where the assault was actually committed in consequence of that abetment.

Legal position covered: This article explains Section 134 IPC and the criminal procedure applicable immediately before the Bharatiya Nyaya Sanhita, 2023 and the new criminal laws came into force on 1 July 2024. It is intended for matters governed by the earlier IPC framework.

Text of Section 134 IPC

Abetment of such assault, if the assault is committed.

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, if such assault be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Meaning and Scope

Section 134 created an aggravated consequence for the abetment described in Section 133 IPC. The provision applied where the accused abetted the specified assault and the assault was then committed in consequence of that abetment. The requirement that the superior officer be "in the execution of his office" was an express element of the section.

Essential Ingredients of Section 134 IPC

For Section 134 to apply, the prosecution had to establish the statutory elements, including:

There was abetment of an assault.
The contemplated assailant was an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India.
The intended victim was a superior officer.
The superior officer was in the execution of his office.
The assault was actually committed.
The assault was committed in consequence of the abetment.

What Is Abetment?

For the IPC framework, the general meaning of abetment was supplied principally by Section 107 IPC. In broad terms, abetment could arise through instigation, conspiracy accompanied by an act or illegal omission in pursuance of the conspiracy, or intentional aid. Section 134 was a specific punishment provision for the military-related assault described in it when that assault followed from the abetment.

Punishment and Classification

Provision	Section 134, Indian Penal Code, 1860
Punishment	Imprisonment of either description up to 7 years and fine
Cognizable	Yes
Bailable	No - non-bailable
Triable by	Court of Session

Section 133 and Section 134 IPC

Section 133 IPC punished the abetment of the specified assault with imprisonment extending to three years and fine. Section 134 addressed the further situation in which the assault was actually committed in consequence of the abetment, increasing the maximum imprisonment to seven years, in addition to fine.

Historical Notes in the Statutory Text

The wording reflects historical amendments. Act 10 of 1927 substituted "sailor or airman" for the earlier wording and substituted the reference to "Navy or Air Force". The Adaptation of Laws Order, 1950 substituted "Government of India" for "Queen".

Important Note for Current Cases

The IPC has been replaced prospectively by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. The applicable law in an individual matter depends on matters including the date and nature of the alleged conduct and the relevant saving and transition provisions. This page is maintained as an explanation of Section 134 IPC under the pre-BNS framework.