Indian Penal Code – Section 135: Abetment of Desertion of Military Personnel
1. Code:
Section 135: Abetment of desertion of military personnel
Whoever abets the desertion of any person subject to military, naval or air force law, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
2. Explanation:
This section criminalizes the act of encouraging, aiding, or assisting a person subject to military, naval or air force law to desert their service. It is a serious offense that undermines the security and discipline of the armed forces.
Key elements of this offense:
- Abetment: This means intentionally encouraging, aiding, or assisting another person to commit an offense. It can be done through words, gestures, or actions.
- Desertion: This refers to the act of a military personnel leaving their post or duty without authorization and with the intention of not returning.
- Subject to Military, Naval or Air Force Law: This applies to all individuals who are serving in the armed forces and are bound by military law.
3. Illustration:
- A person who convinces a soldier to run away from their unit by promising them a lucrative job outside the military.
- An individual who provides a soldier with fake documents to help them escape their service.
- A person who transports a deserting soldier to a safe location to avoid capture.
4. Common Questions and Answers:
Q: What is the punishment for abetment of desertion?
A: Imprisonment for up to 10 years and a fine.
Q: Does this apply to civilians?
A: Yes, this section applies to anyone who abets the desertion of a military personnel, regardless of their own status.
Q: What if the person being abetted is not a soldier but a civilian working for the military?
A: This section only applies to those subject to military, naval or air force law. If the person is a civilian employed by the military, other sections of the IPC might apply, depending on the specific act of abetment.
Q: Can a soldier be convicted of abetment of desertion if they themselves are deserting?
A: Yes, if a soldier convinces or aids another soldier to desert, they can be convicted under this section, in addition to the charges of desertion against themselves.
