Bharatiya Nyaya Sanhita 2023
Section 164 :
Harbouring deserter :
(See section 136 of IPC 1860)
Section : 164
Classification of Offence:
Offence : Harbouring deserter.
Punishment : Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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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.
Indian Penal Code 1860 (IPC 1860)
Section 136 :
Harbouring deserter:
(See section 164 of BNS 2023)
Classification of Offence:
Offence : Harbouring such an officer,. soldier, sailor or airman who has deserted.
Punishment :Imprisonment for 2 years,or fine,or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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Whoever, except as hereinafter expected, 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, [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.
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1. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or sailor”.
2. Subs. by s. 2 and the First Sch., ibid., for “or Navy”.
3. Subs. by the A. O. 1950, for “Queen”.