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Introduction of Section 164 BNS

164 BNS deals with the crime of knowingly sheltering or harboring a deserter from the armed forces, such as the Army, Navy, or Air Force. If a person knows or has reason to believe that a soldier or officer has deserted their post and still provides them shelter, they can be punished under this section. An exception is made for the spouse of the deserter, who is not held liable for providing such shelter.


The Bharatiya Nyaya Sanhita (BNS) Section 164 replaces the old Indian Penal Code (IPC) Section 136.



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.



BNS 164 in Simple Points

  1. Harboring a Deserter
    Anyone who shelters or hides a deserter from the Indian military forces, knowing they have deserted, is committing an offense. This includes officers, soldiers, sailors, or airmen.
  2. Punishment
    The law states that those found guilty of harboring a deserter can face imprisonment for up to two years. In addition, the person may also be liable to pay a fine or both imprisonment and fine.
  3. Exception for Spouses
    If a spouse of the deserter provides shelter, this is not considered an offense under BNS Section 164. The law allows an exception for family, specifically the spouse, to offer refuge.
  4. Cognizable and Bailable
    The offense of harboring a deserter is cognizable, meaning the police can arrest without a warrant. However, it is also bailable, which means the accused can seek bail while awaiting trial.
  5. Magistrate’s Jurisdiction
    Cases under BNS Section 164 are triable by any Magistrate. This gives local courts the authority to handle such matters.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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:

  1. 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.
  2. 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.


Bharatiya Nyaya Sanhita Section 164

PointsDetails
SectionBNS 164
OffenseHarboring a deserter from the armed forces
PunishmentUp to 2 years imprisonment or fine, or both
CognizableYes, the police can arrest without a warrant
BailableYes, the accused can apply for bail
Triable byAny Magistrate
Spouse ExceptionSpouses of deserters are exempt from punishment
Non-CompoundableThe offense cannot be settled out of court
Bharatiya Nyaya Sanhita Section 164

BNS Section 164 FAQs

What does BNS Section 164 deal with?

What is the punishment under BNS 164?

Is BNS Section 164 bailable?

Yes, it is a bailable offense.

Who can try cases under BNS 164?


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