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)
- The accused harboured a person
- That person is an officer, soldier, sailor, or airman in the Army, Navy, or Air Force of the Government of India
- That person had deserted
- 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.
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.