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Report No. 42

Chapter VII

Offences Relating to The Armed Forces

53. Substitution of new Chapter for Chapter VII.- For Chapter VII of the Code, the following Chapter shall be substituted, namely.-

131. Definitions.- In this Chapter.-

(a) the expression 'armed forces' means the military, naval and air forces, and includes any other armed forces of the Union;

(b) 'officer' means a person commissioned, gazetted or in pay as an officer of the armed forces, and includes a junior commissioned officer, a warrant officer, a petty officer and a non-commissioned officer;

(c) 'member', in relation to the armed forces, means a person in the armed forces other than an officer.

132. Abetment of mutiny.- Whoever abets the committing of mutiny by an officer or member of any of the armed forces shall.-

(a) if mutiny be committed in consequence of such abetment, be punished with death, or with imprisonment for life, or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine; and

(b) in any other case, be punished with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine.

133. Attempting to seduce an officer or member of any of the armed forces from his duty.- Whoever attempts to seduce any officer or member of any of the armed forces from his allegiance or his duty shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

134. Abetment of assault on superior officer.- Whoever abets an assault by an officer or member of any of the armed forces on any superior officer being in the execution of his office shal.-

(a) if such assault to 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; and

(b) in any other case, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

135. Abetment of desertion from armed forces. Whoever abets the desertion of any officer or member of any of the armed forces shal.-

(a) if the desertion be committed in consequence of the abetment, be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; and

(b) in any other case, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

136. Harbouring deserter.- Whoever, knowing or having reason to believe that an officer or member of any of the armed forces has deserted, harbour such officer or member, 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.

137. Abetment of an act of insubordination.- Whoever abets what he knows to be an act of insubordination by an officer or member of any of the armed forces shal.-

(a) 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 two years, or with fine, or with both; and

(b) in any other case, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

138. Incitement to mutiny or other act of insubordination.- Whoever makes or publishes or circulates any statement, rumour or report, with intent to cause, or which is likely to cause, any officer or member of any of the armed forces to mutiny or otherwise disregard or fail in his duty as such officer or member, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation.- A person making, publishing or circulating any such statement, rumour or report, who has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid, does not commit an offence under this section.

139. Dissuasion from enlisting and instigation to mutiny or insubordination after enlistment.- Whoever

(a) with intent to affect adversely the recruitment of persons to serve in the armed forces of the Union, dissuades or attempts to dissuade the public or any person from entering any such forces, or

(b) without dissuading or attempting to dissuade from entering such forces, instigates the public or any person to do, after entering any such force, anything which is punishable as mutiny or insubordination under the law relating to that armed force, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation.- The provisions of clause (a) do not extend to comment on, or criticism of, the policy of the Government in connection with the armed forces, made in good faith without any intention of dissuading from enlistment, or to advice given in good faith for the benefit of the individual to whom it is given, or of any member of his family, or of any of his dependants.

139A. Persons subject to certain laws, not to be punished under the Chapter.- No person subject to the Army Act, 1950, the Navy Act, 1957, the Air Force Act, 1950, or any other law relating to the armed forces of the Union is subject to punishment under this Code for any of the offences defined in this Chapter.

140. Wearing garb or carrying token used by officer or member of the armed forces.- Whoever, not being an officer or member of the armed forces, wears any garb or carries any token resembling any garb or token used by such an officer or member, with the intention that it may be believed that he is such an officer or member, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.







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