Legal Provisions of Section 133 of Indian Penal Code, 1860.
Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office:
This section deals with the liability of one who abets an assault by an officer, soldier, sailor or airman on his superior officer being in execution of his office. It states that whoever commits abetment of an assault on any superior officer being in the execution of his office, by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India, shall be punished with simple or rigorous imprisonment extending up to three years, and shall also be liable to fine. Sections 133 and 134 of the Code should be read together.
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‘Whoever’
The word ‘whoever’ should be read subject to section 139 of the Code.
Abets
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The word ‘abets’ has the same meaning as given under section 107 of the Code.
Assaults
The word ‘assaults’ should normally be understood in the sense provided by section 351 of the Code. But there is another view with respect to its which says that it means striking a superior officer, or using or offering any violence against him when he is on duty.
In execution of his office
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The section insists that the superior officer must have been assaulted in the execution of his office. An officer is in execution of his office when he is discharging any prescribed duty as well as when he has to act because of exigency of the moment.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by court of session, metropolitan magistrate or magistrate of the first class.