Introduction of Section 164 BNS
164 BNS deals with the offense of harboring a deserter from the armed forces – Army, Navy, or Air Force. If a person knowingly shelters or hides a deserter, they can face up to 2 years imprisonment, fine, or both. However, the law provides a clear exception for spouses: if a husband or wife provides shelter, it is not considered a crime.
This section plays an important role in maintaining military discipline and national security by preventing deserters from finding refuge outside the forces. At the same time, it shows compassion by protecting the natural duties of family life.
The Bharatiya Nyaya Sanhita (BNS) Section 164 replaces the old Indian Penal Code (IPC) Section 136.
- Introduction of Section 164 BNS
- What is BNS Section 164 ?
- BNS 164 in Simple Points
- Section 164 BNS Overview
- BNS 164 Punishment
- BNS 164 bailable or not ?
- Bharatiya Nyaya Sanhita Section 164
- BNS Section 164 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 164 ?
Section 164 of the Bharatiya Nyaya Sanhita addresses the offense of harboring a deserter from the armed forces. Anyone who knowingly provides shelter to a deserter can face imprisonment for up to two years or be fined, or both. However, if the deserter is harbored by their spouse, this section does not apply.
Under Section 164 of the bns act 2023
“Whoever, knowing or having reason to believe that an officer, soldier, sailor or airman of the Army, Navy or Air Force of India has deserted, harbours such deserter, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
Provided that this section shall not apply to the case of the spouse of such deserter.”
1. Meaning of “Harbouring a Deserter”
To harbour means to shelter, hide, or provide refuge. This section makes it a crime if a person shelters a soldier, sailor, or airman who has deserted their duty. The offence applies when the person knows or has strong reason to believe that the individual is a deserter.
2. Who is Covered?
This section applies to deserters from all branches of the armed forces:
- Army (soldiers and officers)
- Navy (sailors and officers)
- Air Force (airmen and officers)
Anyone who shelters them with knowledge of desertion is guilty.
3. Exception for Spouse
The law makes a clear exception: if a deserter’s husband or wife shelters them, it is not an offence. This recognizes the natural duty of care within marriage.
4. Nature of the Offense
- Cognizable → Police can arrest without a warrant.
- Bailable → The accused can apply for bail.
- Non-Compoundable → The case cannot be settled privately; it must go through court.
- Triable by Any Magistrate → Local magistrates have the authority to try these cases.
Examples of BNS Section 164
- Example 1: A civilian hides a soldier who has deserted his unit, despite knowing about the desertion. The civilian is guilty under Section 164.
- Example 2: A sailor deserts and takes shelter with his wife. The wife cannot be punished because the law exempts spouses from liability.
- Example 3: A landlord allows a deserter to stay in his house after being informed about the desertion. The landlord can be punished with up to two years’ imprisonment or fine.
Punishment under BNS Section 164
- Imprisonment → Up to 2 years
- Fine → Court can impose a fine
- Both → In some cases, both imprisonment and fine may be ordered
Importance of BNS Section 164
- Protects Military Discipline → Prevents civilians or others from supporting deserters.
- Supports National Security → Ensures deserters cannot easily find shelter.
- Balances Justice → By exempting spouses, the law recognizes family obligations while still holding others accountable.
Section 164 BNS Overview
BNS Section 164 deals with the offense of harboring deserters from the Army, Navy, or Air Force of India. It applies to those who knowingly shelter such personnel after they have deserted their duties. The punishment includes imprisonment for up to two years, a fine, or both, with an exception for deserters who are sheltered by their spouse.
BNS Section 164 : 10 Key Points
- Harboring a Deserter:
- BNS Section 164 applies to individuals who knowingly provide shelter or hide a deserter from the armed forces (Army, Navy, or Air Force). If someone helps a soldier, sailor, or airman who has deserted their duty, they can be charged under this section.
- Knowing or Believing the Person is a Deserter:
- The law applies when the person providing shelter knows or has a reason to believe that the individual is a deserter. This means that even if they do not directly know, but have strong reasons to suspect, they can still be held liable.
- Punishment – Imprisonment:
- The section provides for imprisonment as a punishment, which can be for a term of up to two years. The duration of imprisonment depends on the gravity of the offense and the circumstances surrounding the act of harboring.
- Punishment – Fine:
- Along with imprisonment, the law also allows for a fine. The exact amount of the fine is not specified but can be determined by the court based on the case’s severity.
- Punishment – Both Imprisonment and Fine:
- In some cases, the court may impose both imprisonment and a fine on the person found guilty of harboring a deserter. This dual punishment emphasizes the seriousness of the offense.
- Cognizable Offense:
- The offense of harboring a deserter under BNS Section 164 is classified as cognizable, meaning the police have the authority to arrest the individual without a warrant. This indicates that the offense is treated seriously by the legal system.
- Bailable Offense:
- Despite being a cognizable offense, it is bailable. This means the accused person has the right to apply for bail and can be released from custody pending trial. Bail allows the accused to remain free while the case proceeds in court.
- Triable by Any Magistrate:
- Cases under BNS Section 164 can be tried by any magistrate, ensuring that the legal process is not overly complicated. This makes it easier to bring cases to court and resolve them efficiently.
- Non-Compoundable Offense:
- The offense is non-compoundable, meaning it cannot be settled or compromised between the parties. Once a case is filed, it must be tried in court, and the accused cannot avoid punishment through private settlement with the victim.
- Exception for Spouse:
- A special exception is made for the spouse of the deserter. If a deserter’s spouse provides shelter or harbor to them, they will not be punished under this section. This exemption is made to account for the familial bond and the obligation of care between spouses.
Examples of BNS Section 164:
- Example 1:
A civilian finds out that a soldier has deserted his post but decides to hide him in his house without informing the authorities. The civilian is guilty of harboring a deserter and can be punished with imprisonment and a fine under BNS Section 164. - Example 2:
A sailor deserts the Navy and seeks refuge with his wife. The wife shelters him, but under BNS Section 164, she is not guilty because the law provides an exception for spouses. However, if someone else had sheltered him, they would face legal action.
BNS 164 Punishment
Imprisonment:
The person harboring a deserter can face imprisonment of up to two years, depending on the severity of the crime.
Fine:
In addition to or in place of imprisonment, the accused can be fined.
BNS 164 bailable or not ?
Yes, BNS Section 164 is a bailable offense. This means the accused can apply for bail and be released from custody pending trial.
Comparison – BNS Section 164 vs IPC Section 136
| Aspect | BNS Section 164 | IPC Section 136 |
|---|---|---|
| Offense | Harboring a deserter from Army, Navy, or Air Force | Harboring a deserter from Army, Navy, or Air Force |
| Punishment | Imprisonment up to 2 years, or fine, or both | Imprisonment up to 2 years, or fine, or both |
| Exception | Spouses of deserters are exempt | Spouses of deserters are exempt |
| Cognizable/Bailable | Cognizable & Bailable | Cognizable & Bailable |
| Trial Court | Any Magistrate | Any Magistrate |
BNS Section 164 FAQs
What does BNS Section 164 deal with?
It deals with harboring or sheltering deserters from the armed forces.
What is the punishment under BNS 164?
The punishment can be up to two years in prison, a fine, or both.
Is BNS Section 164 bailable?
Yes, it is a bailable offense.
Who can try cases under BNS 164?
Any magistrate can try cases under this section.
Conclusion
BNS Section 164 ensures that deserters from the armed forces do not find unlawful support or shelter from civilians. By making it an offense to harbor a deserter, the law strengthens discipline and security within the armed forces. At the same time, by providing an exemption for spouses, it strikes a fair balance between national interest and family responsibility.
This section, carried forward from IPC Section 136 into BNS, reflects India’s consistent effort to maintain the loyalty, integrity, and strength of its military forces.
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