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CHAPTER VII OF OFFENCES RELATINGTO THE ARMY, NAVY AND AIR FORCE

Section 136: Harbouring deserter

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of the 3[Government of India], has deserted, harbours such officer, soldier, 1[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 a wife to her husband.

Footnotes in the official text

  1. 1.Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or sailor”.
  2. 2.Subs. by s. 2 and the First Sch., ibid., for “or Navy”.
  3. 3.Subs. by the A. O. 1950, for “Queen”.

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

136. Harbouring deserter.BNS 164

Questions on this section

1 question in 3 of our papers cite Section 136. Try these from the free papers:

  1. 1. X, a soldier in the Indian Army, deserts and returns home. His wife W, knowing that he has deserted, hides him in their house. Under Section 164 of the Bharatiya Nyaya Sanhita, 2023, W

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