Indian Penal Code, 1860
Section 133
repealedAbetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
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 be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Why this exists
This provision comes from colonial-era concerns about maintaining strict discipline and command hierarchy within the armed forces. Assaults on superior officers threaten military order and chain of command, so the law specifically criminalizes not just the assault itself (covered elsewhere) but also the act of encouraging or assisting such an assault, recognizing that instigators can be as dangerous as the person who strikes the blow.
Common misconceptions
- Myth: Only the person who physically assaults the officer can be punished.
Fact: This section specifically punishes those who abet (encourage, assist, or instigate) the assault, even if they don't participate physically. - Myth: This law applies to civilians assaulting any government officer.
Fact: This section is limited to assaults by armed forces personnel (Army, Navy, Air Force) on their superior officers during official duty.