Legal Provisions of Section 138 of Indian Penal Code, 1860.
Abetment of act of insubordination by soldier, sailor or airman:
The section deals with the liability of an abettor who abets an act of insubordination. It says that whoever commits abetment of something about which he has knowledge that if an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India and if such act of insubordination be committed in consequence of that abetment, shall be punished with Simple or rigorous imprisonment for a term extending up to six months, or with fine, or with both. The important part of this offence is that the accused must know that he is abetting something which is an act of insubordination.
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ADVERTISEMENTS:
Whoever
The word ‘whoever’ should be understood in the light of section 139 of the Code.
Abets
ADVERTISEMENTS:
The word ‘abets’ derives its meaning from section 107 of the Code.
Act of insubordination
Any wilful breach of discipline by an officer, soldier, sailor or airman will be taken as an act of insubordination. The word ‘insubordination’ has been defined under the Army Act, 1950 as well as the Air Force Act, 1950.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first or second class.