Section 109. Responsibility of superiors

A military or civilian leader, or any person effectively acting as such, shall be subject to punishment for breach of superior responsibility if persons under his/her effective authority and control commit a crime specified in sections 101 to 107, provided that the crime is a result of the leader's failure to exercise due control over them, and the leader
  1. a.
    knew or should have known that the subordinates had embarked on such a crime or that the crime was imminent, and
  2. b.
    failed to implement necessary and reasonable measures in his/her power to prevent or stop the crime, or to report the offence to a competent authority for prosecution.
The penalty is imprisonment for a term not exceeding 10 years, or up to 30 years if the crime is aggravated. In determining whether the crime is aggravated, weight shall be given to the seriousness and scope of the crimes committed by the subordinates and to what extent the superior can be held to blame.