Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office

Q: When did Section 161 of the Bharatiya Nyaya Sanhita come into force?

Section 161 of the Bharatiya Nyaya Sanhita, cited as BNS 161, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

In force From 01 Jul 2024 Act 45 of 2023 As on 14 Oct 2026

Act 45 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 161 of the Bharatiya Nyaya Sanhita, 2023 deals with abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the 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 The Act came into force on 01 Jul 2024.

Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the 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.
Section 161, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Replaces a provision of the Indian Penal Code

IPC 133 Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office Text carried over almost unchanged 100%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

How this offence is classified

From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.

Offence	Punishment	Cognizable	Bailable	Triable by
Abetment of assault by an officer, soldier, sailor or airman on his superior officer, when in execution of his office.	Imprisonment for 3 years and fine.	Cognizable.	Non-bailable.	Magistrate of the first class.

The Bharatiya Nagarik Suraksha Sanhita, 2023

Questions about Section 161

What does Section 161 of the Bharatiya Nyaya Sanhita deal with?

Section 161 of the Bharatiya Nyaya Sanhita is headed "Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office". Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the 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

Is Section 161 of the Bharatiya Nyaya Sanhita bailable?

Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Is Section 161 of the Bharatiya Nyaya Sanhita cognizable?

Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.

How do I find court cases under Section 161 of the Bharatiya Nyaya Sanhita?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 161, section 161 BNS, section 161 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 161 2 in hindi and bns 161 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 161 of the Bharatiya Nyaya Sanhita, and has it changed?

It carries forward IPC 133 (Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office), so the judgments decided under that provision are the case law on this one.

When did Section 161 of the Bharatiya Nyaya Sanhita come into force?

Section 161 of the Bharatiya Nyaya Sanhita, cited as BNS 161, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.