Bharatiya Nyaya Sanhita, 2023
Section 167
Persons subject to certain Acts
No person subject to the Air Force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950) and the Navy Act, 1957 (62 of 1957), or shall be subject to punishment under this Sanhita for any of the offences defined in this Chapter.
Why this exists
This provision continues a long-standing rule from the old Indian Penal Code (Section 139), which recognized that soldiers, sailors, and airmen are already subject to specialized military discipline codes—the Army Act, Navy Act, and Air Force Act—that deal with offences like mutiny, desertion, or insubordination. To avoid double jurisdiction (being tried twice for the same conduct under two different systems), the general criminal law steps back for these specific offences, leaving them to court-martial and military justice.
Common misconceptions
- Myth: This section means soldiers can never be punished for crimes.
Fact: It only exempts them from being punished under this particular Sanhita chapter for offences relating to the armed forces—they are instead punished under their own military laws (Army Act, Navy Act, Air Force Act), often through court-martial, which can impose serious penalties.