163 BNS

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Introduction of Section 163 BNS

BNS Section 163 deals with the act of abetting (helping or encouraging) the desertion of any officer, soldier, sailor, or airman from the Indian Army, Navy, or Air Force. If someone helps these personnel to abandon their duties or leave their positions, they can face imprisonment or fines.

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The Bharatiya Nyaya Sanhita (BNS) Section 163 replaces the old Indian Penal Code (IPC) Section 135.

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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.

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BNS 163 in Simple Points

1. Abetment of Desertion in the Armed Forces
BNS Section 163 focuses on the crime of abetment, where an individual encourages or assists any officer, soldier, sailor, or airman in the Army, Navy, or Air Force of India to desert their duty. This law is designed to maintain discipline within the armed forces.

2. Punishment for Abetment of Desertion
If someone is found guilty of abetting the desertion of military personnel, they can face imprisonment for up to two years. In some cases, the punishment may include a fine or a combination of both imprisonment and a fine.

3. Cognizable Offense
The offense under Section 163 is considered cognizable, meaning that the police have the authority to arrest without a warrant. This is because desertion in the armed forces is seen as a serious threat to national security and discipline.

4. Bailable Offense
Although it is a serious crime, the offense is classified as bailable. This means that the accused can apply for bail and may be released from custody while awaiting trial, subject to certain legal conditions.

5. Triable by Any Magistrate
Offenses under this section can be tried by any magistrate, making it more flexible and accessible for legal proceedings. This ensures that the legal process is swift and efficient in addressing cases related to military desertion.

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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.

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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.

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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.

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Bharatiya Nyaya Sanhita Section 163

Points	Details
Offense	Abetment of desertion of soldiers, sailors, airmen
Punishment	Imprisonment up to 2 years, or fine, or both
Bailable	Yes
Cognizable	Yes
Non-compoundable	Yes
Court	Magistrate

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BNS Section 163 FAQs

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