BNS Chapter 8 – Understanding Offences Related to the Army, Navy and Air Force
India’s armed forces are the backbone of our national security. Whether it's the Indian Army standing guard on the borders, the Navy protecting our seas, or the Air Force securing our skies, each branch plays a vital role in defending the country. To keep this machinery running smoothly, the law has always taken military-related offences very seriously.
With the introduction of the Bharatiya Nyaya Sanhita, 2023 (BNS) — which replaces the Indian Penal Code — many chapters were rewritten to reflect modern realities. One such chapter is Chapter 8: Of Offences Relating to the Army, Navy and Air Force.
This article explains what this chapter covers, why it's important, how it compares to older laws, and what the real-world consequences are for breaking these laws — whether you're a civilian or a member of the military.
What Is BNS Chapter 8 All About?
Chapter 8 of the BNS 2023 deals with offences that directly or indirectly affect India’s defence forces. These are not ordinary crimes. These are serious matters that can impact national security, military discipline, and public trust in the armed forces.
The offences under this chapter cover a range of actions, such as:
Trying to make soldiers rebel or disobey orders
Helping someone desert (leave) the army, navy or air force
Pretending to be a soldier or officer
Blocking military duties or spreading misinformation
Whether you’re a civilian or someone in uniform, the law doesn’t take lightly any action that harms the unity and functioning of our armed forces.
Why This Law Exists – A Real Need
India’s military system is built on discipline, loyalty, and trust. Any breach of that discipline can lead to chaos, internal disorder, and security risks.
For example:
A single soldier who deserts his post during wartime can put an entire unit at risk.
If someone impersonates a military officer and conducts a fake recruitment drive, they can cheat thousands of job-seekers.
Civilians who spread misinformation or incite military officers to disobey commands can destabilize internal security.
That’s why these acts are not treated like regular crimes — they are considered offences against the nation.
Key Offences Covered Under BNS Chapter 8
Here’s a breakdown of some important sections and what they mean:
1. Inciting Mutiny in the Armed Forces
If someone tries to provoke, encourage or influence a soldier or officer to rebel against their superiors or break orders, they can be jailed for life or for up to 10 years, along with a fine.
This offence doesn’t have to be successful — even the attempt is punishable.
2. Helping or Hiding a Deserter
If you knowingly help someone who has run away from the army, navy, or air force — or hide them from authorities — you can be jailed for up to 7 years.
This also applies if you help someone get false documents or money to escape.
3. Desertion by Armed Forces Personnel
Desertion means leaving the armed forces without permission and not returning. The person can be punished with imprisonment up to 7 years, and possibly fined.
The punishment can be harsher if desertion happens during a war or military operation.
4. False Identity – Impersonating Military Staff
If someone dresses like an army officer, uses fake ID cards, or claims to be in the military to cheat or mislead others — that’s a criminal offence.
This is especially important in preventing fake recruitment scams, which are sadly common.
5. Interfering with Military Operations
If a civilian or anyone else unlawfully tries to stop or influence army recruitment, training, or other duties, they can be punished. This provision protects the autonomy and professionalism of the armed forces.
What Makes These Offences Different from Regular Crimes?
These crimes are treated differently because they don’t just affect individual people — they threaten the entire system of national defence. In many cases, the law does not allow for bail easily, and punishments are strict, including life imprisonment.
Also, these offences are often non-bailable, and in some cases, the burden of proof may lie on the accused to show they didn’t intend harm.
Difference Between IPC and BNS in Military Offences
While many of these laws already existed under the Indian Penal Code, the BNS 2023 made things clearer and more in tune with today’s challenges.
Legal language has been simplified for better understanding.
More focus has been given to digital acts of incitement (like posting hate content on social media).
Punishments have been fine-tuned to ensure proportionality and relevance.
Why Civilians Should Be Aware
Even if you're not part of the military, this law can apply to you. For example:
If you create or share fake news meant to stir rebellion among soldiers
If you hide or help a soldier who ran away from duty
If you use army identity to con people
Knowing your boundaries — and respecting the role of the armed forces — is part of responsible citizenship.
Real-Life Scenarios
Here are two real-life situations that fall under BNS Chapter 8:
Scenario 1: Fake Recruitment Drive
A man from Bihar was arrested for running a fake army recruitment centre and charging people for job placements. Under BNS, this could invite charges for impersonation and cheating using military identity.
Scenario 2: Soldier Leaves Duty During Emergency
If a soldier deserts their post just before a planned military operation, it’s not just absence from duty — it’s a breach of national security, and the new law ensures strict punishment.
FAQs – Offences Relating to Army, Navy and Air Force under BNS
Q1: What is the purpose of Chapter 8 in the Bharatiya Nyaya Sanhita? It deals with crimes that harm the functioning, discipline, or safety of the Indian Armed Forces — including desertion, incitement, impersonation, and obstruction.
Q2: Can civilians also be punished under this law? Yes. Civilians can be prosecuted for helping deserters, spreading anti-military propaganda, impersonating officers, or interfering in military duties.
Q3: What’s the punishment for a soldier who deserts his duty? Up to 7 years of imprisonment and a fine. If it happens during wartime, the penalty can be more severe.
Q4: Is inciting mutiny a serious offence? Absolutely. Even trying to provoke disobedience among soldiers can result in life imprisonment or up to 10 years in jail.
Q5: Why was this law updated in 2023? The previous law under the IPC was outdated and colonial. The BNS version uses modern language, addresses new threats like cyber incitement, and ensures better protection for the armed forces.
Final Thoughts
The BNS Chapter 8 is more than just a set of legal provisions — it’s a safeguard for India’s military strength and national security. Whether you're in uniform or a civilian, these laws remind us that respecting and protecting the armed forces is a shared duty.
Understanding these offences isn’t just for lawyers or judges. It's for every citizen who believes in the safety and integrity of the nation. If you’re studying law, preparing for civil services, or just want to be informed — this is a chapter you should know well.
