Report No. 42
Chapter 7
Offences Relating to The Army, Navy and Air Force
7.1. Correlation with Army Navy and Air Force Acts.-
This chapter deals with certain offences which might be committed by the civilian population in relation to the defence service personnel. Since the same acts committed by the latter are punishable severely by the Act to which they are subject, it is provided in section 139 of the Code that they are not punishable under the Code for such acts. The provisions of this chapter are thus in aid and support, from the civilian angle, of the Army, Navy and Air Force Acts which are designed to maintain perfect discipline in the armed forces of the Union.
The correlation between the offences punishable under this chapter and the offences punishable by court-martial under the Army Act, 1950, is as follows.-
(i) Sections 131 and 132 of the Code punish abetment of mutiny and attempt to seduce defence service personnel from duty. Mutiny, including any endeavour to seduce such personnel from duty, is a capital offence under section 37 of the Army Act.
(ii) Sections 133 and 134 of the Code punish abetment of assault by any defence service personnel on any superior officer. Such assault is punishable under section 40 of the Army Act with imprisonment up to 14 years.
(iii) Sections 135 and 136 of the Code punish abetment of desertion and knowingly harbouring a deserter. Deserting and aiding deserters are punishable in the case of army personnel under section 38 of the Army Act with imprisonment up to 7 years.
(iv) Section 138 of the Code punishes abetment of an act of insubordination by a defence service personnel. Such insubordination is punishable under section 42 of the Army Act with seven years' imprisonment.
7.2. Chapter to apply to all armed forces of the Union.-
It will be noticed that chapter 7 of the Code is at present applicable only in relation to Army, Navy and Air Force personnel. The explanation to section 131 expressly mentions persons subject to the Army Act, 1950, the Indian Navy (Discipline) Act, 1934, and the Air Force Act, 1950. (It also refers to the corresponding British Acts which are no longer relevant.) As there are a few other armed forces of the Union regulated by special laws, it is necessary that this chapter should apply in relation to all armed forces of the Union. We therefore propose that the heading of the chapter be changed to "Offences relating to the Armed Forces" and that the expressions "armed forces", "officer and member" be comprehensively defined in a new section as follows.-
"130A. Definitions.- In this Chapter.-
(a) "armed forces" means the Army, Naval and Air Forces and includes any other armed forces of the Union;1
(b) "officer" means a person commissioned, gazetted or in pay as an officer of any of the armed forces, and includes a junior commissioned officer, a warrant officer, a petty officer and a non-commissioned officer;
(c) "member" means a person in any of the armed forces other than an officer."
1. Cf. entry 2 of the Union List.
2.
7.3. Sections 131 and 132 revised.-
While section 131 makes abetment of mutiny punishable with imprisonment for life or with imprisonment of either description upto ten years, section 132 makes such abetment, if mutiny be committed in consequence of that abetment, punishable with death or with imprisonment for life or imprisonment of either description up to ten years. It would therefore appear that section 131 applies to cases where mutiny is not committed in consequence of the abetment. Section 131 also makes any attempt to seduce any defence service personnel from his allegiance or duty punishable with imprisonment for life or imprisonment up to ten years.
In cases where mutiny is not committed in consequence of the abetment or where it is only an attempt to seduce defence service personnel, the punishment of imprisonment for life appears to be unduly heavy. On the other hand, we see no justification for a sentence of imprisonment under either section being simple. We propose that the two sections may be revised as follows.-
"131. Abetment of mutiny.- Whoever abets the committing of mutiny by an officer or member of any of the armed forces shal.-
(a) if mutiny be committed in consequence of such abetment, be punished with death or 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.
132. Attempting to seduce an officer or member 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."
7.4. Sections 133 and 13.-combined and revised.-
Both sections 133 and 134 deal with abetment of assault by defence service personnel on any superior officer being in the execution of his office, the former section presumably providing for cases where such assault is not committed in pursuance of the abetment and the latter for cases where the assault is so committed. To make this point clear it seems desirable to combine and revise the two sections as follows.-
"133. 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 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 dangerous to the public peace. The first part of the Act was repealed in 1922. Under the second part, which is still in force, such persons as are members of, or in any way assist, an association which encourages or aids the commission of acts of violence or intimidation, or of which the members habitually commit such acts, are made liable to punishment. A severe punishment is provided for persons managing or promoting such associations. Where the State Government declares such an association to be unlawful, persons maintaining their connection with the association are liable to punishment.
(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."
7.5. Section 13.-amended.-
Differing from the previous sections, section 135 does not distinguish between cases where the abetment of desertion is successful and where it is unsuccessful. In either case, the maximum punishment prescribed in section 135 is imprisonment of either description for two years. Under section 38 of the Army Act and the corresponding sections of the Navy and Air Force Acts, desertion while on active service is punishable with death, and in other cases, with seven years' imprisonment. We consider therefore that the punishment under section 135 of the Code should be increased to five years in cases where desertion takes place in consequence of the abetment. The section may be revised as follows.-
"135. Abetment of desertion from the 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 such 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."