Bharatiya Nyaya Sanhita, 2023
BNS Section 164
Harbouring deserter
In one line
BNS Section 164 deals with harbouring deserter and replaces IPC 136.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 164 | Harbouring deserter. | 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 164
164. Harbouring deserter.
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.
What changed from the IPC
- IPC 136 → BNS 164: Word "wife" is replaced by "spouse" in the exception of this section thereby made gender nuetral.
Frequently asked
What was BNS Section 164 in the IPC?
BNS Section 164 (Harbouring deserter) replaces Section 136 of the Indian Penal Code, 1860. IPC 136 is now BNS 164.
What is the punishment under BNS 164?
Harbouring deserter – 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 164 bailable?
Bailable: BNS 164. 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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Nearby BNS sections
- BNS 159 — Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
- BNS 160 — Abetment of mutiny, if mutiny is committed in consequence thereof
- BNS 161 — Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
- BNS 162 — Abetment of such assault, if assault committed
- BNS 163 — Abetment of desertion of soldier, sailor or airman
- BNS 165 — Deserter concealed on board merchant vessel through negligence of master
- BNS 166 — Abetment of act of insubordination by soldier, sailor or airman
- BNS 167 — Persons subject to certain Acts
- BNS 168 — Wearing garb or carrying token used by soldier, sailor or airman
- BNS 169 — Candidate, electoral right defined