Code:
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.
Explanation:
This section of the Indian Penal Code deals with a specific type of abetment that involves inciting or encouraging a soldier, sailor, or airman to assault their superior officer.
- Abetment: The act of aiding, encouraging, or instigating another person to commit an offense. In this case, it’s the act of pushing or encouraging a soldier, sailor, or airman to assault their superior officer.
- Assault: Any act that causes actual bodily harm or apprehension of immediate bodily harm.
- Superior Officer: The person holding a higher rank within the military hierarchy, to whom the soldier, sailor, or airman is subordinate.
Illustration:
Suppose a soldier is disgruntled with his superior officer’s orders. A fellow soldier, aware of his discontent, starts spreading rumors and provoking him with inflammatory language, encouraging him to physically attack the officer. This would constitute abetment under Section 133.
Common Questions & Answers:
Q: What is the punishment for abetment under Section 133?
A: The punishment is imprisonment for up to three years, a fine, or both.
Q: Does this section apply only to active duty personnel?
A: Yes, this section applies specifically to soldiers, sailors, or airmen who are currently serving in the armed forces.
Q: What if the assault did not actually happen?
A: Even if the assault did not occur due to intervention or other reasons, abetment under Section 133 is still a punishable offense.
Q: Can mere words constitute abetment under this section?
A: Yes, if the words are intended to encourage or incite the assault, they can be considered abetment.
