Indian Penal Code, 1860
Section 139
repealedPersons subject to certain Acts
No person subject to the Army Act, the Army Act, 1950 (46 of 1950), the Naval Discipline Act, the Indian Navy (Discipline) Act, 1934 (34 of 1934), the Air Force Act or the Air Force Act, 1950 (45 of 1950), is subject to punishment under this Code for any of the offences defined in this Chapter.
Why this exists
The Indian Penal Code has a special chapter (Chapter VII) dealing with offences like mutiny, desertion, and abetment of such acts by members of the armed forces. However, the armed forces already have their own detailed disciplinary codes (Army Act, Navy Act, Air Force Act) designed for military justice, courts martial, and command discipline. Section 139 prevents double jurisdiction or conflicting punishment by clarifying that a person already covered by these specialized military laws should be tried and punished under those laws, not the IPC, for these specific offences.
Common misconceptions
- Myth: This section means soldiers can never be punished for offences like mutiny or desertion.
Fact: Soldiers are still punished for such offences — just under their specific military law (like the Army Act, 1950) instead of the general Indian Penal Code. - Myth: This section gives armed forces personnel total immunity from all IPC provisions.
Fact: The exemption only applies to offences defined in this particular Chapter of the IPC (offences relating to the Army, Navy, and Air Force), not to all IPC offences.