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THE INDIAN PENAL CODE, 1860

Title : THE INDIAN PENAL CODE, 1860

Year : 1860



Whoever abets the committing of mutiny by an officer, soldier,1*[sailor or airman], in the Army,2*[Navy or Air Force] of the 3*[Government of India] or attempts to seduce any such officer, soldier,4*[sailor or airman] from his allegiance or his duty, shall be punished with 5*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

6*[Explanation.-In this section the words "officer", 7*["soldier",8*["sailor"] and "airman"] include any person subject to the9*[Army Act,10*[the Army Act, 1950 (46 of 1950,8*[the Naval Discipline Act,11*[***] the12*[Indian Navy (Discipline) Act, 1934 (34 of 1934)]13*[the Air Force Act or14*[the Air Force Act, 1950 (45 of 1950)], as the case may be]].

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1. Substituted by Act 10 of 1927, section 2 and Schedule . for "or sailor".

2. Substituted by Act 10 of 1927, section 2 and Schedule I. for "or Navy".

3. Substituted by Act A.O. 1950, for "Queen".

4. Substituted by Act 10 of 1927, section 2 and Schedule I. for "or sailor".

5. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956).

6. Inserted by Act 27 of 1870, section 6.

7. Substituted by Act 10 of 1927, section 2 and Schedule I. for "and soldier".

8. Inserted by Act 35 of 1934, sec 2 and Schedule

9. Substituted by Act 10 of 1927, section 2 and Schedule I, for "Articles of War for the better government of Her Majesty's Army, or to the Articles or war contained in Act No. 5 of 1869".

10. Substituted by Act 3 of 1951, section 3 and Schedule for "the Indian Army Act, 1911".

11. The words "or that Act as modified by" omitted by the A.O. 1950.

12. Now the Navy Act. 1957 (62 of 1957)

13. Substituted by Act 14 of 1932, section 130 and Schedule, for "or the Air Force Act".

14. Substituted by Act 3 of 1951, section 3 and Schedule, for "the Indian Air Force Act, 1932".

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Whoever abets the committing of mutiny by an officer, soldier,1*[sailor or airman] in the Army,2*[Navy or Air Force] of the 3*[Government of India], shall, if mutiny be committed in consequence of that abetment, be punished with death or with4*[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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1. Substituted by Act 10 of 1927, section 2 and Schedule . for "or sailor".

2 . Substituted by Act 10 of 1927, section 2 and Schedule I, for "and Navy".

3. Substituted by Act A.O. 1950, for "Queen".

4. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956).

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Whoever abets an assault by an officer, soldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of the 3*[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.

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1.Substituted by Act 10 of 1927, section 2 and Schedule . for "or sailor".

2.Substituted by Act 10 of 1927, section 2and Schedule I, for "and Navy".

3.Substituted by Act A.O. 1950, for "Queen".

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Whoever abets an assault by an officer, soldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of the 3*[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.

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1. Substituted by Act 10 of 1927, section 2 Schedule I, for "or sailor"

2. Substituted by Act 10 of 1927, section 2 and Schedule I, for "or Navy".

3. Substituted by the A.O. 1950, for "Queen".

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Whoever abets the desertion of any officer, soldier,1*[sailor or airman], in the Army,2*[Navy or Air Force] of the3*[Government of India], shall be punished with imprisonment of cither description for a term which may extend to two years, or with fine, or with both.

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1 . Substituted by Act 10 of 1927, section 2 Schedule I, for "or sailor"

2. Substituted by Act 10 of 1927, section 2 and Schedule I, for "or Navy".

3. Substituted by the A.O. 1950, for "Queen".

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Whoever, except as hereinafter expected, knowing or having reason to believe that an officer, soldier,1*[sailor or airman], in the Army,2*[Navy or Air Force] of the 3*[Government of India], has deserted, harbours such officer, soldier,1*[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Exception.-This provision docs not extend to the case in which the harbour is given by a wife to her husband.

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1 . Substituted by Act 10 of 1927, section 2 Schedule I, for "or sailor"

2.   Substituted by Act 10 of 1927, section 2 and Schedule I, for "or Navy".

3. Substituted by the A.O. 1950, for "Queen".

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The master or person in charge of a merchant vessel, on board of which any deserter from the Army,1*[Navy or Air Force] of the2*[Government of India] is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.

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1. Substituted by Act 10 of 1927, section 2 and Schedule I, for "or Navy".

2. Substituted by the A.O. 1950, for "Queen".

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Whoever abets what he knows to be an act of insubordination by an officer, soldier,1*[sailor or airman], in the Army,2*[Navy or Air Force] of the3*[Government of India], shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

138A -4* Application of foregoing sections to the Indian Marine Service [Repealed]

[Rep. by the Amending Act, 1934 (35 of 1934), section 2 and Schedule].]

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1. Substituted by Act 10 of 1927, section 2 and Schedule I. for "or sailor".

2. Substituted by Act 10 of 1927, section 2 and Schedule I. for "or Navy".

3. Substituted by the A.O. 1950, for "Queen".

4. Inserted by Act 14 of 1887, section 79.

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No person subject to 1*[the Army Act, 2*[the Army Act, 1950 (46 of 1950), or the Naval Discipline Act, 3[4[***] 5*[the Indian Navy (Discipline) Act, 1934 (34 of 1934)], 6*[the Air Force Act 7*[the Air Force Act, 1950 (45 of 1950)], is subject to punishment under this Code for any of the offences defined in this Chapter.

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1. Substituted by Act 10 of 1927, section 2 and Schedule I, for "any Article of War for the Army or Navy of the Queen, or for any part of such Army of Navy".

2. Substituted by Act 3 of 1951, section 3 and Schedule for "the Indian Army Act, 1911".

3. Inserted by Act 35 of 1934, section 2 and Schedule

4. The words "or that Act as modified" omitted by the A.O. 1950.

5. Now the Navy Act, 1957 (62 of 1957)

6. Substituted by Act 14 of 1932, section 130 and Schedule for "or the Air Force Act".

7. Substituted by Act 3 of 1951, section 3 and Schedule for "the Indian Air Force Act, 1932".

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Whoever, not being a soldier,1*[sailor or airman], in the Military,2*[Naval or Air] service of the 3*[Government of India], wears any garb or carries any token resembling any garb or token used by such a soldier,1*[sailor or airman] with the intention that it may be believed that he is such a soldier,1*[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

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1. Substituted by Act 10 of 1927, section 2 and Schedule I. for "or sailor".

2. Substituted by Act 10 of 1927, section 2 and Schedule I. for "or Navy".

3. Substituted by the A.O. 1950, for "Queen".

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Last updated on August, 2016

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