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Section 162: Abetment of Such Assault if Assault Committed

Bharatiya Nyaya Sanhita • Chapter VII: Of Offences Against the State & Armed Forces • Official Statutory Text & Legal Guide

Chapter VII: Of Offences Against the State & Armed Forces
Magistrate 1st Class
Non-Bailable
Cognizable
Formerly Sec 134 IPC
Section 161 All 358 Sections of Bharatiya Nyaya Sanhita Section 163

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 162 BNS
Abetment of Such Assault if Assault Committed
 Imprisonment extending to 7 years and fine. Non-Bailable Cognizable Magistrate 1st Class Formerly Sec 134 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 162

Section 162 penalizes abetment of assault by a soldier on a superior officer if the assault is committed in consequence of that abetment, prescribing imprisonment of either description for a term which may extend to seven years, and fine.

  • Completed Military Assault: The assault on the superior officer is actually committed in consequence of the instigation.
  • Seven-Year Custodial Scale: Punishment escalates from three years to seven years upon execution of the assault.
  • Military Discipline Protection: Severely punishes organized barracks insurrections and coordinated violence (formerly Section 134 IPC).
Key Landmark Precedents:
  • Union of India v. Charanjit S. Jaffer (1987) 1 SCC 405: Examined completed acts of insubordination and violent assault in military cantonments under penal provisions.
  • Mathurala Adi Reddy v. State of Hyderabad (AIR 1956 SC 177): Affirmed that liability for completed offences abetted requires direct causal connection.
Courtroom Practice & Strategic Litigation Guidance:

To avoid enhanced sentencing under Section 162 BNS, prove that the physical clash was spontaneous and autonomous, breaking any prior instigation nexus.

Section 161 All 358 Sections of Bharatiya Nyaya Sanhita Section 163