The explanation attached to the section gives an inclusive meaning to the words ‘officer’, ‘soldier’, ‘sailor’ and ‘airman’ and states that these words include any person subject to the Army Act, the Army Act, 1950, the Naval Discipline Act, the Indian Navy (Discipline) Act, 1934 the Air Force Act, or the Air Force Act, 1950, as the case may be, Sections 131 and 132 of the Code should be read together.
The word ‘whoever’ in the section should be read subject to section 139 of the Code which says that no person subject to the Acts named in the explanation attached to this section is subject to punishment under this Code for any of the offences defined in this chapter.
The word ‘mutiny’ has not been defined under the Code. However, it means an act of extreme insubordination on the part of a soldier or a group of soldiers by force to rise against the superior officers with respect to a grievance of a military nature. It is an act of resistance against lawful military authority.
The explanation was initially not there with this section. It was added by Act XXVII of 1870 and was amended by Act X of 1927.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by court of session.