Introduction of IPC 135
IPC 135 deals with the offense of abetting desertion by military personnel, including soldiers, sailors, and airmen. If any person encourages or assists a member of the Army, Navy, or Air Force in leaving their service without authorization, they can be punished under this section. The law ensures discipline in the armed forces and prevents security risks.
What is IPC Section 135 ?
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 a fine, or with both.
Section 134 IPC in Simple Points
1. Meaning of Abetment Under IPC 135
Abetment means actively supporting or encouraging someone to commit an illegal act. In IPC 135, abetment refers to helping a soldier, sailor, or airman leave their post or duty without permission. This can be done through direct assistance, persuasion, or indirect influence. The section ensures that no one disrupts military discipline by encouraging desertion.
2. Punishment for Abetting Desertion
If a person is found guilty of abetting desertion, they can face imprisonment of up to two years, a fine, or both. The severity of punishment depends on the extent of involvement in the act. The law takes strict action to maintain military order and prevent unlawful desertion.
3. Difference Between Absence and Desertion
There is a difference between being absent without leave (AWOL) and desertion. AWOL refers to temporary absence, while desertion indicates an intention to permanently leave the service without permission. IPC 135 punishes those who assist military personnel in permanently abandoning their duties.
4. Importance of Military Discipline
Military personnel are expected to remain committed to their duties to maintain national security. If soldiers desert their posts, it can weaken the defense system. IPC 135 ensures that individuals do not interfere with military discipline by promoting or assisting desertion.
5. Who Can Be Punished Under IPC 135?
Both civilians and military personnel can be charged under IPC 135 if they assist in desertion. This means family members, friends, or fellow soldiers who encourage a person to leave their duty unlawfully can be held accountable. The law applies to all individuals who take part in abetting desertion.
IPC Section 135 Overview
IPC 135 deals with the offense of helping or encouraging a soldier, sailor, or airman in the Indian Armed Forces to abandon their duty unlawfully. If a person assists or influences military personnel to desert their service, they can be punished under this law. The punishment includes imprisonment for up to two years, a fine, or both.
IPC 135: Abetment of Desertion of Soldier, Sailor, or Airman – 10 Key Points
1. Meaning of Abetment in IPC 135
Abetment refers to encouraging or helping someone commit an offense. Under IPC 135, if any person assists, supports, or persuades a soldier, sailor, or airman to leave their service without permission, it is considered a crime. The law applies to civilians and military personnel who influence or convince defense personnel to desert their duties. The act of abetment can be through words, actions, or any other means.
2. Importance of Military Discipline
The military is a crucial pillar of national security. Soldiers, sailors, and airmen are expected to follow strict discipline and remain loyal to their duty. Any encouragement to desert can weaken the defense system and create security risks. IPC 135 ensures that people do not disrupt military discipline by persuading personnel to leave their service unlawfully.
3. Applicability to Civilians and Military Personnel
IPC 135 is not limited to military personnel; it applies to civilians as well. If a person outside the military convinces or helps a soldier, sailor, or airman to desert, they are equally liable under this law. This ensures that external influences do not affect the commitment and loyalty of defense personnel.
4. Punishment for Abetment of Desertion
Anyone found guilty of abetting desertion under IPC 135 can be punished with imprisonment of up to two years, a fine, or both. The severity of the punishment depends on the nature of abetment and its impact on national security. This provision ensures strict action against those who encourage desertion.
5. Impact on National Security
If military personnel desert their duties, it weakens the defense system of the country. Encouraging desertion can lead to serious consequences, including reduced manpower, loss of security, and potential threats to national safety. IPC 135 aims to prevent such actions and maintain a strong defense force.
6. How Abetment is Proven in Court
To convict someone under IPC 135, the prosecution must prove that the accused actively encouraged, supported, or helped the military personnel in deserting. This can be shown through direct evidence like messages, financial help, or recorded conversations. Indirect influence, such as spreading misinformation about the military, can also be considered in some cases.
7. Difference Between Desertion and Resignation
A soldier, sailor, or airman can resign legally by following the proper procedure. However, desertion is an illegal act where they leave without permission. IPC 135 punishes only those who encourage military personnel to desert, not those who help with legal resignations. This ensures that lawful exits from the service are not affected.
8. Role of Family and Friends in Desertion Cases
Sometimes, family members or friends may unknowingly influence military personnel to leave their service due to personal reasons. If proven that they actively encouraged desertion, they can be punished under IPC 135. However, general concerns or emotional appeals do not count as abetment unless they involve direct encouragement to desert.
9. Preventive Measures and Legal Awareness
To prevent violations of IPC 135, awareness about military laws and responsibilities should be promoted. Soldiers should be educated about the legal consequences of desertion and the punishments for those who encourage it. Civilians should also be informed about the legal risks of abetting desertion to avoid unintended violations of this law.
This law plays a vital role in maintaining discipline in the armed forces and protecting national security by ensuring that no one encourages military personnel to leave their duties illegally.
10. Example 1: Civilian Encouraging Desertion
A man persuades his brother, who is serving in the Indian Army, to leave his duty without permission and return home due to personal family issues. He also arranges transportation for him to escape the military base. This act is considered abetment of desertion under IPC 135, and the civilian can be punished for his role in assisting the soldier’s unlawful departure.
Example 2: Fellow Soldier Helping Another Soldier to Desert
A naval officer helps his friend, another sailor, escape from duty by providing him with false identity papers and guiding him to a different city. The naval officer knowingly aids in desertion, making him guilty under IPC 135. He can face imprisonment, a fine, or both.
IPC 135 Punishment
- Imprisonment – A person found guilty can be imprisoned for up to two years.
- Fine – A financial penalty may be imposed as part of the punishment.
- Both – In some cases, the court may order both imprisonment and a fine, depending on the severity of the offense.
135 IPC bailable or not ?
IPC 135 is a bailable offense, meaning the accused can seek bail while the case is under trial.
Section 135 IPC in short information
| IPC Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial |
|---|---|---|---|---|---|
| IPC 135 | Abetment of desertion by a soldier, sailor, or airman | Up to 2 years imprisonment, fine, or both | Bailable | Cognizable | Magistrate |
135 IPC FAQs
Q1. What does IPC Section 135 punish?
IPC Section 135 punishes anyone who abets or encourages a soldier, sailor, or airman to desert their duty without permission.
Q2. Does desertion need to actually happen under IPC Section 135?
No, the act of abetting desertion is itself punishable, whether or not the person actually deserts.
Q3. Why is abetting desertion a serious offence under IPC?
Desertion weakens the strength and discipline of the armed forces, so encouraging it is treated as a threat to national security.
Q4. Who can be charged under IPC Section 135?
Any person, civilian or otherwise, who encourages or helps a member of the armed forces to desert their post.
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Finished with IPC 135 ? Continue exploring the next provisions of the Indian Penal Code. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
IPC 136 : Harbouring deserter .
IPC 137 : Deserter concealed on board merchant vessel through negligence of master .
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