Code: Section 164 BNS
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.
Explanation of Section 164 BNS
1. What is Meant by “Harbouring a Deserter”?
- Harbouring means sheltering, hiding, or assisting a military deserter to avoid detection or arrest.
- A person is guilty if they know or have a reason to believe that the individual has deserted from military duty.
2. Who Can Be Punished Under This Section?
Any civilian or military personnel who knowingly shelters a deserter from the Army, Navy, or Air Force can be punished under Section 164 BNS.
3. What is the Punishment for Harbouring a Deserter?
- Imprisonment up to 2 years (rigorous or simple).
- Fine as determined by the court.
- Both imprisonment and fine in certain cases.
4. What is the Exception to This Law?
The spouse of the deserter is not liable under this section if they provide shelter to their partner. This exception exists for humanitarian reasons.
Illustration
Example 1: A Civilian Helps a Deserter
A civilian hides a Navy officer in their house despite knowing that the officer has deserted. The civilian is liable under Section 164 BNS.
Example 2: A Friend Provides Shelter and Food
A friend allows a soldier to stay at their house and provides food, knowing that the soldier has abandoned duty. The friend can be punished under this law.
Example 3: A Wife Shelters Her Husband
A soldier deserts the Army and stays at his wife’s house. Since the spouse is exempt, she cannot be punished under this section.
Common Questions and Answers on Section 164 BNS
1. What if a person harboured the deserter without knowing?
If a person genuinely did not know that they were sheltering a deserter, they cannot be punished under this section.
2. What if the deserter forced someone to provide shelter?
If a deserter threatens or coerces a person to provide shelter, the court may consider this as a defense, depending on the circumstances.
3. Can a family member (other than a spouse) be punished under this section?
Yes, parents, siblings, or friends can be punished if they knowingly harbour the deserter. The only exception is the spouse.
4. Is it necessary for the deserter to be convicted first?
No, a person can be punished for harbouring even if the deserter has not yet been convicted but is confirmed to have deserted.
5. What if the harbouring was done out of sympathy?
The intent does not matter. If a person knowingly provides shelter, they are liable under Section 164 BNS, even if their motive was sympathy.
Conclusion
Section 164 BNS ensures that military deserters cannot escape justice by finding illegal shelter. This law discourages aiding deserters while allowing spouses to support their partners without fear of prosecution.
For detailed legal insights, visit ApniLaw today! 🚀
