BNS Section 164 – Harbouring deserter

IPC Section -136

1. What is the Offence?

This law criminalizes the act of harbouring (sheltering, concealing, or providing refuge to) a deserter from the Army, Navy, or Air Force of the Government of India, knowing or having reason to believe that the person has deserted.

• Exception: The law does not apply if the harbouring is done by the spouse of the deserter.

2. Key Elements of the Offence

• Harbouring: Providing shelter, concealment, or refuge to a deserter.
• Knowledge: The person harbouring must know or have reason to believe that the individual is a deserter.
• Scope: Applies to officers, soldiers, sailors, or airmen in the Indian armed forces.
• Desertion: The act of leaving one’s duty or post without permission, which is a serious violation of military law.

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 any Magistrate.

5. Purpose of the Law

• The law aims to deter individuals from providing shelter to military deserters, thereby upholding the discipline and integrity of the armed forces.
• It ensures strict consequences for those who knowingly harbour deserters, while providing an exception for spouses to acknowledge personal and familial ties.

Summary of the Offence