Introduction of Section 163 BNS
163 BNS makes it a crime to assist or encourage armed-forces personnel to abandon their duties. The provision focuses on accountability for those who actively facilitate desertion — whether by persuasion, material help or shelter. With penalties of imprisonment up to two years, fines, and cognizable enforcement, the section helps preserve military discipline and national security while allowing ordinary courts to handle prosecution and protections for due process.
The Bharatiya Nyaya Sanhita (BNS) Section 163 replaces the old Indian Penal Code (IPC) Section 135.
- Introduction of Section 163 BNS
- What is BNS Section 163 ?
- BNS 163 in Simple Points
- Section 163 BNS Overview
- BNS 163 Punishment
- BNS 163 bailable or not ?
- Bharatiya Nyaya Sanhita Section 163
- BNS Section 163 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 163 ?
BNS Section 163 refers to the crime of assisting or encouraging a soldier, sailor, or airman in the Army, Navy, or Air Force of India to leave their service (desertion). The punishment for such actions is up to two years of imprisonment, a fine, or both.
Under Section 162 of the bns act 2023
“Whoever abets the desertion of any officer, soldier, sailor or airman of the Army, Navy or Air Force of India, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.”
1. Meaning of “Abets the Desertion”
To abet means to help, encourage, instigate or support. Desertion means leaving military service without permission and with the intention of not returning. So, if a person assists or persuades a member of the Army, Navy, or Air Force to abandon their duty, they are guilty under this section.
2. Who is Covered?
This section applies to all branches of the armed forces:
- Officers
- Soldiers (Army)
- Sailors (Navy)
- Airmen (Air Force)
Anyone who pushes them to leave service or helps them in the process comes under this offence.
3. Nature of the Offense
- Cognizable → Police can arrest without a warrant.
- Bailable → The accused can apply for bail and may be released during trial.
- Non-Compoundable → The offence cannot be settled privately; it must go through court.
- Triable by Magistrate → Any Magistrate can hear and decide such cases.
Examples of BNS Section 163
- Example 1: A friend gives money and fake documents to a soldier so that he can escape from his post and never return. This friend is guilty of abetting desertion.
- Example 2: A civilian repeatedly persuades a sailor to leave his ship permanently and promises to shelter him. If the sailor deserts, the civilian can be punished under this section.
- Example 3 (Not guilty): If someone unknowingly gives a lift to a soldier who has deserted without knowing his status, they are not guilty — because there was no intention or knowledge of abetment.
Punishment under BNS Section 163
- Imprisonment → Up to 2 years
- Fine → Court may impose a fine
- Both → The judge may order both imprisonment and fine
Importance of BNS Section 163
- Preserves Military Discipline: Desertion weakens the armed forces, and this law ensures outsiders do not encourage it.
- Protects National Security: Prevents civilians or other actors from supporting soldiers in abandoning their posts, which could harm the country.
- Balance of Justice: Since desertion abetment is serious but not at the same level as mutiny, the punishment is lower and the offence is bailable.
Section 163 BNS Overview
BNS Section 163 criminalizes the act of encouraging or assisting military personnel to abandon their service (desertion). The section applies to anyone who plays a part in helping soldiers, sailors, or airmen leave their post without proper authorization. The punishment can be up to two years in prison, a fine, or both. The offense is classified as cognizable (police can arrest without a warrant), bailable, and triable by any Magistrate.
BNS Section 163 in Detailed 10 Key Points
- Abetment of Desertion
- This section deals with helping or encouraging military personnel to leave their service unlawfully. It applies to all ranks in the Army, Navy, and Air Force.
- Who Can Be Punished
- Anyone who abets or helps in the desertion of soldiers, sailors, or airmen can be punished under this section. The offender doesn’t need to be a military person to be charged.
- Covers All Branches of Armed Forces
- This law covers desertion in all branches of the armed forces: the Army, Navy, and Air Force. It ensures no one helps military personnel abandon their duty.
- Imprisonment
- The punishment includes imprisonment for a period that may extend to two years. The severity depends on the role played in the desertion.
- Fine or Both
- In addition to imprisonment, the guilty person may also have to pay a fine. In some cases, both imprisonment and a fine can be imposed.
- Cognizable Offense
- This means that the police can arrest someone accused of this crime without needing a warrant. It allows swift action to be taken when military discipline is threatened.
- Bailable Offense
- The offense is bailable, which means the accused can apply for bail. They can be released while awaiting trial, depending on the court’s discretion.
- Non-Compoundable
- The offense is non-compoundable, meaning it cannot be privately settled between the parties. The legal process must be completed, ensuring accountability for the crime.
- Tried by Magistrate
- Cases under this section are triable by any Magistrate, which means a lower court can handle such matters. This ensures that cases can be heard and resolved efficiently.
- Maintaining Armed Forces Discipline
- The primary aim of this section is to maintain the discipline, loyalty, and integrity of the armed forces. It ensures that no one can assist in weakening military service by supporting desertion.
Examples of BNS Section 163
Example 1:
A civilian provides a soldier with false documents and money to escape from his military post without permission. This civilian is guilty of abetting desertion under Section 163 and can be punished with imprisonment or a fine.
Example 2:
A person convinces a naval officer to leave his duty during a time of conflict, offering him shelter and support to escape. The person assisting the officer can be charged under BNS Section 163 for aiding the desertion.
BNS 163 Punishment
Imprisonment: A person guilty of abetting desertion can face up to two years of imprisonment.
Fine: In addition to imprisonment, the person may also have to pay a fine, or sometimes both punishments may apply.
BNS 163 bailable or not ?
Bailable: Yes, the offense is bailable, meaning the accused can apply for bail and be released from custody while awaiting trial.
Bharatiya Nyaya Sanhita Section 163
| Aspect | BNS Section 163 | IPC (Old Law) – General |
|---|---|---|
| Offence | Abetting desertion of an officer, soldier, sailor or airman of Army, Navy or Air Force. | Similar offences existed under IPC provisions related to abetment of military desertion. |
| Punishment | Imprisonment up to 2 years, or fine, or both. | Comparable—penalties under IPC for abetment of desertion were in a similar range. |
| Cognizability | Cognizable — police can arrest without warrant. | Generally cognizable under older IPC rules for similar military offences. |
| Bailability | Bailable. | Often bailable under comparable IPC provisions. |
| Compoundability | Non-compoundable — cannot be privately settled. | Generally non-compoundable for military security offences. |
| Trial Court | Triable by Magistrate (any Magistrate unless specified otherwise). | Triable by Magistrate in comparable IPC cases. |
| Practical focus | Maintaining service discipline and preventing outside inducement to desertion. | Similar objective: protect military discipline and national security. |
BNS Section 163 FAQs
What is BNS Section 163 about?
It punishes anyone who helps or encourages soldiers, sailors, or airmen to desert their military service.
What is the punishment under BNS Section 163?
The punishment can include up to two years of imprisonment, a fine, or both.
Is the offense under BNS Section 163 bailable?
Is the offense under BNS Section 163 bailable?
Which court tries offenses under BNS Section 163?
The case is tried by a Magistrate.
Conclusion
BNS Section 163 makes it a crime to assist or encourage armed-forces personnel to abandon their duties. The provision focuses on accountability for those who actively facilitate desertion — whether by persuasion, material help or shelter. With penalties of imprisonment up to two years, fines, and cognizable enforcement, the section helps preserve military discipline and national security while allowing ordinary courts to handle prosecution and protections for due process.
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