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SECTION 138 IPC - Indian Penal Code - Abetment of act of insubordination by soldier, sailor or airman


Last Updated: 01 Feb, 2024
By Advocate Chikirsha Mohanty


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Table of Contents

  1. Description of IPC Section 138
  2. IPC 138 in Simple Words
  3. IPC Section 138 related FAQs

Description of IPC Section 138

According to section 138 of Indian penal code, Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or air Force, of the Government of India, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.



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.

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Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or air Force, of the Government of India, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may ...


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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FAQ's on IPC Section 138

Is Section 138 a criminal offence?

Section 138 proceedings are really civil cases masquerading as criminal cases. The statutory object in effect appears to be both punitive as also compensatory and restitutive in regard to cheque dishonoring cases. 3 Feb 2023

Is IPC 138 bailable?

An offence committed under Section 138 is a non-cognizable offence. Also, it is a bailable offence. Offence under section 138 will be completed with following components: Drawing of Cheque by the drawer for the discharge of debt or other liability.