BNS Section 163 – Abetment of desertion of soldier, sailor or airman

IPC Section – 135

Abetment of desertion of soldier, sailor or airman.

1. What is the Offence?

This law criminalizes the act of abetting (encouraging, aiding, or facilitating) a member of the Army, Navy, or Air Force of the Government of India to desert their service.

• Desertion: The act of a military member abandoning their duty or service without permission.

2. Key Elements of the Offence

• Abetment: The act of encouraging, aiding, or facilitating desertion.
• Scope: Applies to members of the Army, Navy, or Air Force, including officers, soldiers, sailors, and airmen.
• Severity: Desertion is a serious offence in the armed forces, and abetting it is treated with significant legal consequences.

3. Punishment

• Imprisonment: Up to 2 years (simple or rigorous), or
• Fine, or
• Both imprisonment and fine.

4. Type of Offence

• Cognizable: Police can arrest without a warrant.
• Bailable: The accused can claim bail as a right.
• Court: The case will be tried by the appropriate court as per jurisdiction.

5. Purpose of the Law

• The law aims to prevent and penalize actions that disrupt military discipline and duty.
• It ensures strict consequences for those who encourage or assist in desertion, thereby maintaining the integrity of the armed forces.

Summary of the Offence