सं Samvidhan

Indian Penal Code, 1860

Section 134

repealed

Abetment of such assault, if the assault committed

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.