Bharatiya Nyaya Sanhita, 2023 — Section 163

Abetment of Desertion of Soldier, Sailor or Airman

Section 163 punishes abetting the desertion of any officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India, with imprisonment up to two years, or fine, or both.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 163 to old IPC Section 135, and cross-checked directly against the bare text of both Acts.

BNS section	IPC, 1860 equivalent	Category
163	135	Exact

Comparing the two texts word for word (old IPC Section 135's text carries historical amendment footnotes reflecting terminology updates such as "sailor or airman," "Navy or Air Force," and "Government of India," but its final, current operative text matches this section exactly), Section 163 is reproduced without any change from old IPC Section 135.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 2 years, or fine, or both — cognizable, bailable, and triable by any Magistrate. Not compoundable: Section 163 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “any Magistrate” does not include Executive Magistrates (Explanatory Note (2)).

Statutory Text (Verbatim)

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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Abetting the desertion of a member of the armed forces

Explanation (Lexovia's Commentary)

This section punishes abetting desertion — that is, encouraging or assisting an officer, soldier, sailor, or airman to unlawfully leave the Army, Navy, or Air Force of the Government of India without authorisation. Unlike the mutiny-related provisions preceding it, this section's maximum punishment is comparatively modest, and the court has the option to impose imprisonment, fine, or both.

Illustration (Lexovia's Own Example)

A civilian persuades a serving soldier to abandon their post and flee without authorisation, offering to help the soldier disappear. This falls within Section 163, even though the civilian is not themselves a member of the armed forces.

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Related / Cross-Referenced Sections

FAQs

Does the person abetting have to be a member of the armed forces?

No. The section punishes whoever abets the desertion; the abettor need not themselves be an officer, soldier, sailor, or airman.

What punishment options does the court have?

The court may impose imprisonment up to two years, or fine, or both, giving it flexibility based on the facts of the case.

How is abetting desertion different from harbouring a deserter?

This section addresses encouraging or assisting the desertion itself. A separate provision addresses the distinct conduct of harbouring a person who has already deserted.