Code:
Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, 1 [sailor or airman], in the Army, 2 [Navy or Air Force] of the 3[Government of India], has deserted, harbours such officer, soldier, 1 [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 a wife to her husband.
Explanation:
This section of the Indian Penal Code addresses the offense of harboring a deserter from the Indian Armed Forces. It criminalizes the act of providing shelter, support, or assistance to an individual known or suspected to be a deserter. The key elements of this offense are:
- Harbouring: Providing shelter, protection, or assistance.
- Deserter: A person who has absconded from military service without authorization.
- Knowledge or Reason to Believe: The accused must be aware or have a justifiable reason to believe that the person they are harboring is a deserter.
Illustration:
Imagine a scenario where a person is aware that a soldier has deserted from the Indian Army. This person provides the soldier with food, lodging, and helps them evade capture. In this case, the person who provided assistance would be guilty under Section 136 of the IPC.
Common Question & Answers:
Q: What is the punishment for harboring a deserter?
A: Imprisonment for up to three months, a fine, or both.
Q: What constitutes “harbouring”?
A: It includes providing shelter, food, money, or any form of assistance that helps the deserter avoid detection or apprehension.
Q: Is it necessary to know the deserter personally to be charged under this section?
A: No, it is sufficient to have reason to believe that the person is a deserter.
