Section 138 of Indian Penal Code, 1860 – Explained!


The word ‘whoever’ should be understood in the light of section 139 of the Code.

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The word ‘abets’ derives its meaning from section 107 of the Code.

Act of insubordination

Any wilful breach of discipline by an officer, soldier, sailor or airman will be taken as an act of insubordination. The word ‘insubordination’ has been defined under the Army Act, 1950 as well as the Air Force Act, 1950.

The offence under this section is cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first or second class.

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