BBanaka

BNS Section 164: Harbouring deserter

Bharatiya Nyaya Sanhita, 2023 · Chapter 8: Of Offences Relating to the Army, Navy and Air Force

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164. Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.

Exception.—This provision does not extend to the case in which the harbour is given by the spouse of the deserter.

Study: explanations and related material

Replaces IPC 136. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

164Harbouring deserter.

Punishment
Imprisonment for 2 years, or fine, or both.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Any Magistrate

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 169. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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