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Report No. 156

Clause 52

12.30. Under this clause the existing Chapter VII is sought to be substituted by a now Chapter bearing the same number. This chapter deals with offence which might be committed by the civilians in relation to the defence services personnel. In the Bill a new section 130A is there which only deals with definitions occurring in the sections 131 onwards. The new section 131 deals with abetment of mutiny.

Section 132 deals with attempts, 133, 134 & 135 with abetment, 136 & 137 with Deserter, 138 with abetment and 138A with incitement etc. The Law Commission in its 42nd Report recommended these changes. It is observed that civilian population are not dealt with severely as service personnel involved. Therefore, the Law Commission suggested that there should be co-relation between such offences punishable under the Penal Code and the offences punishable by court martial.

Likewise the Law Commission also referred the Air Force Act also. The new section 139 clearly lays down that persons subject to certain laws like Army Act, Navy Act, Air Force Act not to be punishable under this chapter. Taking the implications recognised by the Law Commission, there is no harm in having this Chapter inserted in place of existing Chapter.

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