Harbouring deserter
Section 136 of the Indian Penal Code, 1860 (Harbouring deserter) corresponds to Section 164 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 164 is cognizable, bailable, triable by Any Magistrate; punishment: Imprisonment for 2 years, or fine, or both.
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 164 | Harbouring deserter. | Imprisonment for 2 years, or fine, or both. | Cognizable | Bailable | Any Magistrate |
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
164. 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.
Full BNS Section 164 and every IPC section it replaced →
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