Section 164 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 164 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of harbouring a deserter from the Indian Armed Forces
📜 Text of Section 164
Harbouring deserter
Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.
Exception — This provision does not extend to the case in which the harbour is given by the spouse of the deserter
🧭 Key Provisions
Harbouring: Providing shelter, assistance, or protection to a military deserter.
Knowledge or Belief: The individual must know or have reason to believe that the person they are harbouring has deserted the military.
Punishment: Imprisonment for up to two years, a fine, or both.
Exception: The law does not apply if the person harbouring the deserter is their spouse.
⚖️ Comparison with IPC
Section 164 of the BNS is similar to Section 135 of the Indian Penal Code (IPC), which deals with the abetment of desertion of a soldier, sailor, or airman. However, Section 164 specifically criminalizes the act of harbouring a deserter, whereas Section 135 of the IPC addresses the act of abetting desertion. Additionally, the BNS uses the term "spouse" in the exception, making it gender-neutral, whereas the IPC uses the term "wife"
🛡️ Purpose and Rationale
The provision aims to maintain military discipline and ensure that deserters are not sheltered, thereby preventing the disruption of the armed forces' operational effectiveness. By penalizing those who harbour deserters, the law seeks to uphold the integrity and readiness of the military
📌 Illustrative Example
If a civilian knowingly provides shelter to a soldier who has deserted their post, they could be charged under Section 164 of the BNS. However, if the soldier's spouse provides shelter, they would not be liable under this section due to the specified exception.
RELATED Blog
0 comments