Indian Penal Code

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Section 140: Wearing garb or carrying token used by soldier, sailor or airman

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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 month, or with fine which may extend to five hundred rupees, or with both

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non- compound­able.

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1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

3. Subs. by the A.O. 1950, for “Queen”.

Filed Under: Chapter VII: Of Offences Relating To The Army Navy And Air Force

Section 139: Persons subject to certain Acts

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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. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “any Article of War for the Army or Navy of the Queen, or for any part of such Army or Navy”.

2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the Indian Army Act, 1911”.

3. Ins. by Act 35 of 1934, sec. 2 and Sch.

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

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

6. Subs. by Act 14 of 1932, sec. 130 and Sch., for “or the Air Force Act”.

7. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the Indian Air Force Act, 1932”.

Filed Under: Chapter VII: Of Offences Relating To The Army Navy And Air Force

Section 138: Abetment of act of insubordination by soldier, sailor or airman

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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 the 3[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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—Cogniza­ble—Bailable—Triable by any Magistrate—Non-compoundable.

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1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

3. Subs. by the A.O. 1950, for “Queen”.

Filed Under: Chapter VII: Of Offences Relating To The Army Navy And Air Force

Section 137: Deserter concealed on board merchant vessel through negligence of master

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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 the 2[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.

CLASSIFICATION OF OFFENCE

Punishment—Fine of 500 rupees—Non-Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

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1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

2. Subs. by the A.O. 1950, for “Queen”.

Filed Under: Chapter VII: Of Offences Relating To The Army Navy And Air Force

Section 136: Harbouring deserter

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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, 3[sailor 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 does not extend to the case in which the harbour is given by a wife to her husband.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

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1. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

2. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

3. Subs. by the A.O. 1950, for “Queen”.

Filed Under: Chapter VII: Of Offences Relating To The Army Navy And Air Force

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