Only the soldier who actually commits the assault can be punished.

This law specifically punishes the person who abetted or encouraged the assault, provided the assault actually took place because of that encouragement.

This provision applies to any assault between soldiers.

It applies specifically to abetment of an assault on a superior officer who is carrying out official duties, not disputes between equals or unrelated fights.

Bharatiya Nyaya Sanhita, 2023

Section 162

Abetment of such assault, if assault committed

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, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.§

Why this exists

Military discipline depends on respect for the chain of command, especially obedience to superior officers during duty. Colonial-era criminal law (originally IPC Section 133) created special offences for undermining armed forces discipline, including punishing those who incite soldiers to attack their superiors. This provision was carried forward into the Bharatiya Nyaya Sanhita, 2023 to continue protecting the command structure of India's armed forces from being destabilized through incitement to violence.

Common misconceptions

Myth: Only the soldier who actually commits the assault can be punished.
Fact: This law specifically punishes the person who abetted or encouraged the assault, provided the assault actually took place because of that encouragement.
Myth: This provision applies to any assault between soldiers.
Fact: It applies specifically to abetment of an assault on a superior officer who is carrying out official duties, not disputes between equals or unrelated fights.