Bharatiya Nyaya Sanhita, 2023

BNS Section 163

Abetment of desertion of soldier, sailor or airman

In one line

BNS Section 163 deals with abetment of desertion of soldier, sailor or airman and replaces IPC 135.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
163Abetment of the desertion of an officer, soldier, sailor or airman.Imprisonment for 2 years, or fine, or both.Cognizable.Bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 163

163. Abetment of desertion of soldier, sailor or airman.

Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Frequently asked

What was BNS Section 163 in the IPC?

BNS Section 163 (Abetment of desertion of soldier, sailor or airman) replaces Section 135 of the Indian Penal Code, 1860. IPC 135 is now BNS 163.

What is the punishment under BNS 163?

Abetment of the desertion of an officer, soldier, sailor or airman – punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.

Is BNS 163 bailable?

Bailable: BNS 163. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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