Indian Penal Code, 1860
Section 134
repealedAbetment of such assault, if the 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
This provision comes from the colonial-era Indian Penal Code of 1860, which included special protections for military discipline and hierarchy. Because armed forces depend on strict chains of command, the law treats inciting violence against a superior officer as a serious offense, holding the instigator criminally liable even though the actual assault is carried out by someone else. This reflects the broader legal principle that abetment of certain serious acts against military discipline deserves punishment similar to the act itself.
Common misconceptions
- Myth: Only the person who physically commits the assault can be punished.
Fact: The law also punishes anyone who encourages, instigates, or helps arrange the assault, as long as the assault actually occurs because of that encouragement. - Myth: This section applies to all workplace assaults.
Fact: It specifically applies to assaults by armed forces personnel (Army, Navy, Air Force) against a superior officer who is on duty.