BNS Section 164

Section 164 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the offense of harbouring a deserter from the Indian Army, Navy, or Air Force.

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.

BNS-164: Harbouring Deserter

Key Points:
 

1. Definition of Harbouring:
    

   • "Harbouring" refers to the act of sheltering, concealing, or providing refuge to someone who has deserted the military.
      

2. Scope of Offenders:
    

   • This section applies specifically to officers, soldiers, sailors, or airmen who serve in the Army, Navy, or Air Force of the Government of India. It underscores the gravity of the offense in a military context.
      

3. Desertion:
    

   • Desertion is defined as the act of leaving one's duty or post without permission. It is considered a severe violation of military law, affecting operational effectiveness and discipline.
      

4. Consequences of Harbouring:
    

   • Individuals found guilty of harbouring a deserter may face:
      

     • Imprisonment for up to two years.
        

     • A fine, which may be imposed alongside imprisonment.
        

     • Both penalties may be applied depending on the circumstances of the case.
        

5. Exception for Spouses:
    

   • A notable exception in this section states that the provision does not apply when the harbouring is done by the spouse of the deserter. This acknowledges the personal and familial ties that may influence such situations, distinguishing them from the general legal consequences.
      

6. Significance:
    

   • BNS-164 serves as a legal measure to deter individuals from providing shelter to military deserters, thereby upholding the discipline and integrity of the armed forces.

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