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SECTION 138 IPC - Indian Penal Code - Abetment of act of insubordination by soldier, sailor or airman
Last Updated: 01 Jan, 2025
By Advocate Chikirsha Mohanty
(Upper limit of imprisonment is increased from six months to two years.)
Please refer to BNS 166 for updated procedures & punishments.
IPC 138 in Simple Words
If someone encourages and supports an act of insubordination by a military officer, soldier, sailor, or airman, and that act is committed as a result, they can be punished with up to six months in jail, a fine, or both.
Cited by
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Abetment of act of insubordination by an officer, soldier, sailor or airman, if the offence be committed in consequence | 6 Months or Fine or Both | Cognizable | Bailable | Any Magistrate |
Offence : Abetment of act of insubordination by an officer, soldier, sailor or airman, if the offence be committed in consequence
Punishment : 6 Months or Fine or Both
Cognizance : Cognizable
Bail : Bailable
Triable : Any Magistrate
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Frequently Asked Questions
Is Section 138 a criminal offence?
The Section 138 cases are actually civil proceedings that have been disguised as criminal ones. In regard to cases of cheque dishonoring, the statutory purpose appears to be punitive and compensatory as well as restitutive. 3 February 2023
Is IPC 138 bailable?
A violation of Section 138 does not constitute a criminal offense. It is also a bailable offense. The following elements will complete the offence under section: Drawing of Cheque for discharge of debts or other liabilities by the drawer.
