Abetment of act of insubordination by soldier, sailor or airman
Section 166 of the Bharatiya Nyaya Sanhita, 2023 deals with abetment of act of insubordination by soldier, sailor or airman. Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force, of the Government of India, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description fo The Act came into force on 01 Jul 2024.
Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force, of the Government of India, shall, 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.
Section 166, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 138 Abetment of act of insubordination by soldier, sailor or airman Text carried over almost unchanged 97%
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 The repealed enactment still governs what happened while it was in force.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 act of insubordination by an officer, soldier, sailor or airman if the offence be committed in consequence. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kumar Navbaibhaw @ Santosh Yadav vs The State of Bihar
Decided under Indian Penal Code 138, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An anticipatory bail application is not maintainable when the petitioner has already been released on police bail. The proper procedure in such circumstances is for the petitioner to surrender before the competent lower court and apply for regular bail, which the lower court shall consider based on whether the petitioner has misused the bail privilege previously granted.
On this section: Dishonour of cheque - charge against petitioner
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 166
What have the courts held on Section 166 of the Bharatiya Nyaya Sanhita?
Kumar Navbaibhaw @ Santosh Yadav vs The State of Bihar (03 Jan 2014) is the leading judgment on this section among those set out below, though it was decided under IPC 138, which this section replaced -- the court never mentioned this Act: Dishonour of cheque - charge against petitioner.
Is Section 166 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 166 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 Any Magistrate.
How do I find court cases under Section 166 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 166, section 166 BNS, section 166 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 166a in hindi and 166 bns act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kumar Navbaibhaw @ Santosh Yadav vs The State of Bihar (03 Jan 2014).
What should I read with Section 166 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 138 (Abetment of act of insubordination by soldier, sailor or airman), so the judgments decided under that provision are the case law on this one.
When did Section 166 of the Bharatiya Nyaya Sanhita come into force?
Section 166 of the Bharatiya Nyaya Sanhita, cited as BNS 166, 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.
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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.