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BNS · Section 164 · Chapter VIII — OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

Harbouring deserter

What this section does

Punishes a person who knowingly harbours a deserter from the Indian Army, Navy, or Air Force. The section carves out an exception for the spouse of the deserter, who cannot be prosecuted for providing such harbour.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Imprisonment of either description for a term which may extend to 2 years, or fine, or both.
Triable by
Any Magistrate
Cognizable
No
Bailable
Yes
Compoundable
No

Ingredients (what prosecution must prove)

  1. The accused harboured a person
  2. That person is an officer, soldier, sailor, or airman in the Army, Navy, or Air Force of the Government of India
  3. That person had deserted
  4. The accused knew or had reason to believe that the person had deserted

Practitioner note

Exception: the provision does not apply where harbour is given by the spouse of the deserter.

Old-law correspondence

Derived from IPC s.136.

Read the official text

For the binding statutory text of BNS Section 164, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 164 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.