BNS Section 164: Harbouring deserter (formerly IPC 136)
Bharatiya Nyaya Sanhita, 2023 · in force from 1 July 2024
BNS 164: Harbouring deserter
From 1 July 2024
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 it replaced in the IPC
BNS 164 ← IPC 136 · Harbouring deserterChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Word “wife” is replaced by “spouse” in the exception of this section thereby made gender nuetral.
Printed in both official correspondence tables (BPR&D and NCRB).
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 a wife to her husband.
Which one applies
An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.
Read BNS section 358 →Judgments decided under IPC 136
They remain the law on IPC 136. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nyaya Sanhita, 2023 to the Indian Penal Code, 1860, Bureau of Police Research & Development, Ministry of Home Affairs, page 18.
- Bharatiya Nyaya Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 43.
- The Indian Penal Code, 1860 (Act 45 of 1860), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.