BNS Section 164 — Harbouring deserter

Summary

Whoever, except in the case covered by the exception below, knowingly 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, gives shelter to that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

The exception states that this provision does not apply when the shelter is given by the spouse of the deserter.

Official Text

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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2025) Vol.7 p.105 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §136 — Harbouring deserter