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.
- 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.

BNS 164 in Simple Points
- 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. - 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. - 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. - 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. - 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
- 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.
Bharatiya Nyaya Sanhita Section 164
Points | Details |
---|---|
Section | BNS 164 |
Offense | Harboring a deserter from the armed forces |
Punishment | Up to 2 years imprisonment or fine, or both |
Cognizable | Yes, the police can arrest without a warrant |
Bailable | Yes, the accused can apply for bail |
Triable by | Any Magistrate |
Spouse Exception | Spouses of deserters are exempt from punishment |
Non-Compoundable | The offense cannot be settled out of court |
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.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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