IPC Section 136: Harbouring a Deserter
1. Code:
Whoever harbours a person knowing or having reason to believe that such person is a deserter from any of the Armed Forces of the Union, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
2. 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.
3. 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.
4. 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.
