What is Section 133 IPC? Abetment of assault by soldier, sailor or airman on superior officer
Published on: Lawiz Team
Detailed explanation of Section 133 IPC: Abetment of assault by soldier, sailor or airman on superior officer.
Official Legal Text
Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on his 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.
What This IPC Section Means – Explained in Simple Words
This section deals with abetment of assault by a soldier, sailor or airman on their superior officer, when such officer is on duty.
Purpose
To maintain discipline and hierarchy in the armed forces by penalizing abetment of assault on superior officers.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 3 years, or fine, or both.
Scope and Application
Applicable to civilians or personnel who abet an assault by a member of the armed forces on a superior officer.
Important Legal Points
The offence involves abetment and the victim must be a superior officer on duty.
Illustrative Example
If a civilian incites a soldier to physically assault their commanding officer during duty hours, the civilian can be prosecuted under this section.
Exceptions and Special Cases
Does not apply when the superior officer is not on duty or when the assault does not occur.
Conclusion
Section 133 reinforces respect for command in military settings and penalizes abetment of insubordination.
FAQs
What does Section 133 IPC define?
Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.
Where does Section 133 IPC apply?
It applies in legal cases involving abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.
Why is Section 133 IPC significant?
It addresses national security, military discipline, and related offenses.
Can you provide a real-life example involving Section 133 IPC?
Such cases involve offenses by military personnel or acts against state security.
What punishment is provided under Section 133 IPC?
Punishment varies based on the severity and nature of the offense under this section.
Is Section 133 linked with any military or public service acts?
Yes, it often links with Army Act, Naval Discipline Act, Air Force Act, or IPC provisions.
How have courts ruled on cases under Section 133 IPC?
Courts interpret based on the facts, intent, and seriousness of the act committed.