Indian Penal Code

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Section 135: Abetment of desertion of soldier, sailor or airman

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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 the 3[Government of India], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

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

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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 the 3[Government of India], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

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”.

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 134: Abetment of such assault, if the assault is committed

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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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bail­able—Triable by Magistrate of the first class—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 133: Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office

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Whoever abets an assault by an office, 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-Bail­able—Triable by Magistrate of the first class—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 132: Abetment of mutiny, if mutiny is committed in consequence thereof

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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 with 4[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Death, or imprisonment for life, or imprisonment for 10 years and fine-Cognizable—Non-bailable—Triable by Court of Session—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”.

4. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

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

Section 131: Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty

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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] 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 the 9[Army Act, 10[the Army Act, 1950 (46 of 1950, 11[the Naval Discipline Act, 12[***] the 11[Indian Navy (Disci­pline) Act, 1934 (34 of 1934)] 13[the Air Force Act or 14[the Air Force Act, 1950 (45 of 1950)], as the case may be]].

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—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”.

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

5. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

6. Ins. by Act 27 of 1870, sec. 6.

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

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

9. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “Articles of War for the better government of Her Majesty’s Army, or to the Articles of War contained in Act No. 5 of 1869″.

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

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

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

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

14. 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

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