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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.



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.


BNS 163: Penalty for Abetting Military Desertion
BNS 163 addresses the consequences of abetting military desertion.

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

  1. 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.
  2. 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.
  3. 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.
  4. Imprisonment
    • The punishment includes imprisonment for a period that may extend to two years. The severity depends on the role played in the desertion.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.


163 BNS punishment abetment military desertion
Punishment under BNS 163 for abetting military desertion.

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

Comparison: BNS Section 163 vs IPC Section 135
Section What it Means Punishment Bail Cognizable? Trial By
BNS Section 163 Deals with abetment of desertion — helping, encouraging, or supporting any soldier, sailor, or airman of the Indian Armed Forces to abandon their duty or service. Imprisonment up to 2 years, or fine, or both. Bailable (accused can seek bail) Cognizable (police can arrest without a warrant) Any Magistrate
IPC Section 135 (Old) Earlier provision punishing any person who abets the desertion of soldiers, sailors, or airmen of the Indian Armed Forces, or assists them in desertion. Imprisonment up to 2 years, or fine, or both — same as under BNS. Bailable Cognizable Any Magistrate

BNS Section 163 FAQs

What is BNS Section 163 about?

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?

Which court tries offenses under BNS Section 163?


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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Finished with BNS 163 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list


BNS Chapter Index

ChapterTitleSections
Chapter IPreliminaryBNS 1 – 3
Chapter IIPunishmentsBNS 4 – 13
Chapter IIIGeneral ExceptionsBNS 14 – 44
Chapter IVAbetment, Criminal Conspiracy And AttemptBNS 45 – 62
Chapter VOffences Against Women And ChildrenBNS 63 – 99
Chapter VIOffences Affecting The Human BodyBNS 100 – 146
Chapter VIIOffences Against The StateBNS 147 – 158
Chapter VIIIOffences Relating To The Army, Navy And Air ForceBNS 159 – 168
Chapter IXOffences Relating To ElectionsBNS 169 – 177
Chapter XOffences Relating To Coin, Currency Notes, Bank Notes, And Government StampsBNS 178 – 188
Chapter XIOffences Against The Public TranquilityBNS 189 – 197
Chapter XIIOffences Against The Public TranquilityBNS 198 – 205
Chapter XIIIContempts Of The Lawful Authority Of Public ServantsBNS 206 – 226
Chapter XIVFalse Evidence And Offences Against Public JusticeBNS 227 – 269
Chapter XVOffences Affecting The Public Health, Safety, Convenience, Decency And MoralsBNS 270 – 297
Chapter XVIOffences Relating To ReligionBNS 298 – 302
Chapter XVIIOffences Against PropertyBNS 303 – 334
Chapter XVIIIOffences Relating To Documents And To Property MarksBNS 335 – 350
Chapter XIXCriminal Intimidation, Insult, Annoyance, Defamation, Etc.BNS 351 – 357
Chapter XXRepeal And SavingsBNS 358

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