Section 167 BNS: Persons Subject to Certain Acts
Section 167 of the Bharatiya Nyaya Sanhita, 2023 deals with persons who are subject to the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957 in relation to offences contained in Chapter VIII of the BNS.
Text of Section 167 of the Bharatiya Nyaya Sanhita, 2023
167. Persons subject to certain Acts. - No person subject to the Air Force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950) and the Navy Act, 1957 (62 of 1957), or shall be subject to punishment under this Sanhita for any of the offences defined in this Chapter.
Textual note: The words "or shall" appear in the enacted text of Section 167. They are reproduced here without alteration. The provision should therefore be read together with its statutory context, including Section 1(6) of the BNS and the special service laws applicable to the armed forces.
Meaning and legal effect of Section 167 BNS
In practical terms, Section 167 recognises the special disciplinary and penal framework governing persons who are subject to the Air Force Act, 1950, the Army Act, 1950 or the Navy Act, 1957. It concerns offences defined in Chapter VIII of the BNS, which is titled "Of Offences Relating to the Army, Navy and Air Force" and comprises Sections 159 to 168.
The provision is consistent with Section 1(6) of the Bharatiya Nyaya Sanhita, 2023, which states that nothing in the Sanhita affects the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India, or the provisions of any special or local law.
Which laws are referred to in Section 167?
Air Force Act, 1950
The Air Force Act, 1950 (Act No. 45 of 1950) is the central law governing specified persons in the Indian Air Force. Section 2 of that Act identifies the persons subject to the Act.
Army Act, 1950
The Army Act, 1950 (Act No. 46 of 1950) consolidates and amends the law relating to the Government of the regular Army. Section 2 sets out the categories of persons who are subject to the Act.
Navy Act, 1957
The Navy Act, 1957 (Act No. 62 of 1957) consolidates and amends the law relating to the Government of the Indian Navy. Section 2 identifies persons who are subject to naval law.
Key points about Section 167 BNS
- Section 167 is part of Chapter VIII of the Bharatiya Nyaya Sanhita, 2023.
- Chapter VIII covers offences relating to the Army, Navy and Air Force and contains Sections 159 to 168.
- The provision specifically refers to the Air Force Act, 1950, Army Act, 1950 and Navy Act, 1957.
- Its purpose is to preserve the operation of the special service-law framework for persons governed by those enactments.
- The exact statutory text should be consulted for legal proceedings because the enacted sentence contains the words "or shall".
Official legal resources
The following official Government sources may be used to verify the current text of the BNS and the three service enactments referred to in Section 167.
Section 167 BNS in context
The surrounding provisions address conduct connected with military discipline, including abetment of mutiny, assault on a superior officer, desertion, harbouring a deserter and insubordination. Section 168, which follows Section 167, deals with wearing garb or carrying a token used by a soldier, sailor or airman with the prescribed intent.
For a complete reading of this subject, refer to the Bharatiya Nyaya Sanhita, 2023 index and the related Chapter VIII provisions listed alongside this article.