Abetment of act of insubordination by soldier, sailor or airman
Section 138 of the Indian Penal Code, 1860 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 descript The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 six months, or with fine, or with both.
Section 138, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 166 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 The repealed enactment still governs what happened while it was in force.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.
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
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 138
What have the courts held on Section 138 of the Indian Penal Code?
Kumar Navbaibhaw @ Santosh Yadav vs The State of Bihar (03 Jan 2014) is the leading judgment on this section among those set out below: Dishonour of cheque - charge against petitioner.
How do I find court cases under Section 138 of the Indian Penal Code?
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: IPC 138, section 138 IPC, section 138 of the Indian Penal Code. People searching for it also type ipc 138 punishment and ipc 138 in bns. 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 138 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 166 (Abetment of act of insubordination by soldier, sailor or airman), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 138 of the Indian Penal Code come into force?
Section 138 of the Indian Penal Code, cited as IPC 138, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.