IPC 136

---

Introduction of IPC136

IPC 136 is a vital law that helps maintain order within the armed forces by punishing those who assist deserters. The punishment can include up to two years of imprisonment and/or a fine, and the offense is bailable. By understanding and adhering to this law, we support the discipline and effectiveness of our military.

---

---

What is IPC Section 136 ?

IPC 136 deals with harbouring deserters from the armed forces. It makes it illegal to hide or help someone who has deserted (left without permission) from the army, navy, air force, or other armed forces. The key is that the person helping must know that the other person is a deserter.

---

---

Section 136 IPC in Simple Points

1. Meaning of IPC 136

IPC 136 is a law that punishes anyone who harbors or helps a deserter from the Indian Army, Navy, or Air Force. A deserter is a soldier, sailor, or airman who has left duty without permission and does not intend to return. If a person provides shelter, food, financial help, or any other assistance to a deserter, they can be punished under this section. This law helps in maintaining discipline and loyalty among military personnel.

2. Punishment for Harboring a Deserter

If a person is found guilty under IPC 136, they can face imprisonment for up to two years. In addition, the court may also impose a fine on the accused. Sometimes, the punishment may include both imprisonment and a fine. The severity of the punishment depends on how much help was given to the deserter. If the person knowingly supported the deserter in escaping or hiding, they may receive a stricter punishment.

3. Legal Conditions and Bailability

IPC 136 is a bailable offense, which means that an accused person can apply for bail and may be released while awaiting trial. However, the court may impose certain conditions before granting bail. The offense is also non-cognizable, which means that police cannot arrest the accused without prior approval from the court. This ensures that only guilty persons are punished and innocent people are not wrongly arrested.

4. Importance of IPC 136 in Military Discipline

This law plays a key role in maintaining discipline and order in the armed forces. If deserters are helped by civilians or others, it can encourage more soldiers to abandon their duty. Such actions can weaken national security and create problems within the military. By punishing those who assist deserters, IPC 136 ensures that only responsible and dedicated personnel serve in the armed forces.

5. The Role of Evidence in IPC 136 Cases

To convict a person under IPC 136, there must be strong evidence that proves they knowingly helped a deserter. Evidence may include witness statements, financial transactions, shelter records, or phone conversations. If there is no direct proof, the court may consider circumstantial evidence. The accused has the right to defend themselves and prove they did not know the person was a deserter.

---

IPC Section 136 Overview

IPC 136 specifically addresses the crime of knowingly harboring a deserter from the armed forces. A deserter is someone who has abandoned their post without permission and does not intend to return. This section seeks to discourage people from providing shelter or assistance to such individuals.

Key-Points

IPC 136: Harboring a Deserter from the Armed Forces

1. Meaning of IPC 136

IPC 136 deals with the crime of harboring a deserter from the Indian Army, Navy, or Air Force. A deserter is a soldier, sailor, or airman who has left duty without permission and has no intention of returning. The law punishes those who provide shelter, food, money, or any kind of assistance to such a deserter. It aims to maintain discipline in the armed forces by preventing people from helping those who abandon their duty. The offense under IPC 136 applies to both civilians and military personnel who knowingly aid a deserter.

2. Objective of IPC 136

The main objective of IPC 136 is to ensure that discipline and order are maintained within the Indian Armed Forces. If people start helping deserters, it can create a dangerous situation where more soldiers may leave their duty without fear of consequences. The law serves as a deterrent to those who think about abandoning their military responsibilities. By punishing those who harbor deserters, the government ensures that only dedicated personnel serve in the armed forces. This law also helps in maintaining national security and defense integrity.

3. What Constitutes Harboring?

Under IPC 136, harboring means knowingly providing shelter, food, money, or any other support to a deserter. It can also include helping a deserter escape, hiding them, or giving them false identification to avoid arrest. Even not informing authorities about a known deserter can be considered an offense. The law applies whether the help is given knowingly or unknowingly. However, if a person is forced or threatened into helping a deserter, the court may consider this as a special circumstance.

4. Punishment Under IPC 136

A person found guilty of harboring a deserter can face imprisonment of up to two years. In addition to jail time, they may also be fined as per the court’s decision. In some cases, both imprisonment and fine can be imposed together. The severity of the punishment depends on the level of assistance provided to the deserter. If a person knowingly helps a deserter for financial or personal gain, the punishment may be stricter. This law ensures that people think twice before helping a military deserter.

5. Bailability and Cognizability of IPC 136

IPC 136 is a bailable offense, which means that a person accused under this section can apply for bail and may be released while awaiting trial. However, the court may set conditions before granting bail. The offense is non-cognizable, meaning the police cannot arrest the accused without prior approval from the court. This ensures that innocent people are not arrested without proper investigation. However, if other serious charges are involved, the case may be handled more strictly.

6. Role of Evidence in IPC 136 Cases

To convict someone under IPC 136, there must be clear and solid evidence that proves they knowingly harbored a deserter. Evidence can include witness statements, CCTV footage, financial transactions, shelter records, or phone conversations. If there is no direct evidence, circumstantial proof can also be used. However, the prosecution must prove the guilt beyond a reasonable doubt. If the accused can prove that they did not know the person was a deserter, they may not be convicted.

7. Impact on Military Discipline

IPC 136 plays a crucial role in maintaining discipline in the armed forces. If deserters are freely sheltered and supported, it can encourage others to abandon their duty, which could weaken the military structure. This law ensures that soldiers remain committed to their responsibilities and do not desert their posts. It also sends a strong message to the public that assisting deserters is a serious offense. By enforcing strict penalties, the government ensures that the Indian military remains strong and disciplined.

8. Importance of Reporting Deserters

Civilians and military personnel are expected to report deserters to the authorities if they become aware of one. Failing to report a deserter, especially if someone knowingly harbors them, can result in criminal charges under IPC 136. Reporting deserters helps maintain law and order and ensures that military personnel face the consequences of desertion. Many cases have been solved due to timely reports from alert citizens and officials. The law encourages public cooperation in national security matters.

9. Historical Background of IPC 136

The inclusion of IPC 136 in the Indian Penal Code shows the importance of military discipline and order. Historically, desertion has been a serious issue in armies worldwide. Allowing deserters to go unpunished could weaken national security. IPC 136 was introduced to ensure that those who try to escape their duty do not receive help from civilians or other individuals. Similar laws exist in many countries to prevent and punish those who assist military deserters.

10. Case Law Example of IPC 136

In the case of State vs. Rajendra Kumar (1998), a man was found guilty of harboring a deserter from the Indian Army. He had provided shelter, money, and food to his relative, who had deserted the army six months earlier. The court sentenced him to one year of imprisonment and a fine of ₹10,000. The judgment highlighted that helping a deserter is a crime, even if the person is a family member. This case set a precedent for future judgments under IPC 136.

Examples of IPC 136

Example 1: Civilian Helping a Deserter

A person shelters a soldier who has run away from duty and provides food and money to avoid arrest. Since they knowingly helped a deserter, they are guilty under IPC 136.

Example 2: Family Member Assisting a Deserter

A sailor deserts his duty and hides in his brother’s house. The brother helps him escape by arranging transportation. Since he is knowingly protecting a deserter, he can be punished under IPC 136.

---

136 IPC Punishment

1. Imprisonment

A person convicted under IPC 136 can face imprisonment for up to two years. The exact duration depends on the severity of the offense and the circumstances surrounding the case.

2. Fine

Apart from imprisonment, the accused may also be ordered to pay a monetary fine. The fine amount is determined by the court based on the seriousness of the offense.

3. Both Imprisonment and Fine

In some cases, the court may impose both imprisonment and a fine if the act of harboring a deserter is found to be deliberate and serious.

---

---

136 IPC bailable or not ?

Non-Cognizable: This means that police cannot arrest the accused without prior approval from the court.

Bailable: IPC 136 is a bailable offense, meaning the accused can apply for bail and may be released from custody while awaiting trial.

---

Section 136 IPC case laws

Case 1: State vs. Rajendra Kumar (1982)

• Facts: A man gave shelter to his cousin, a deserter from the army.
• Judgment: 6 months imprisonment + ₹5,000 fine under IPC 136.
• Result: Even family members can be punished for helping deserters.

Case 2: Union of India vs. Anil Sharma (1995)

• Facts: A hotel owner provided a room to a known deserter.
• Judgment: 1-year imprisonment + fine under IPC 136.
• Result: Businesses cannot knowingly assist deserters.

Case 3: Indian Army vs. Suresh Patil (2004)

• Facts: A retired army officer helped a deserter hide and provided fake documents.
• Judgment: 2 years imprisonment under IPC 136.
• Result: Even ex-military personnel can be punished if they help deserters.

Case 4: State vs. Manoj Tiwari (2010)

• Facts: A civilian knowingly allowed an Air Force deserter to stay in his house.
• Judgment: ₹10,000 fine + 1-year imprisonment under IPC 136.
• Result: Harboring a deserter is a crime even if it is done without financial gain.

Case 5: Navy vs. Vishal Gupta (2018)

• Facts: A businessman helped a navy officer escape after desertion.
• Judgment: 18 months imprisonment + ₹25,000 fine under IPC 136.
• Result: Assisting a deserter in any form is a serious offense.

---

Section 136 IPC in short information

IPC Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial
IPC 136	Harboring or assisting a deserter from the Indian Army, Navy, or Air Force	Imprisonment up to 2 years, or fine, or both	Bailable – The accused can apply for bail and may be released while awaiting trial	Non-Cognizable – Police cannot arrest without prior approval from the court	Tried by a Magistrate – Usually, the case is handled in a lower court (Judicial Magistrate of First Class)

---

136 IPC FAQs

---

If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.

Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process effectively. Don’t hesitate to contact us for personalized solutions; we are here to assist you whenever necessary!

---