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Section 163 — Abetment of desertion of soldier, sailor or airman
163
163
Abetment of desertion of soldier, sailor or airman
Bharatiya Nyaya Sanhita, 2023
Chapter VIII Of Offences Relating to The Army, Navy and Air Force
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Military OffenceAbetmentDesertionModerate
🗣️ Simple Explanation
What does this law say? Section 163 of the BNS deals with helping a soldier, sailor, or airman leave their duties without permission (desertion). If you encourage someone in the Army, Navy, or Air Force to desert, you could face legal trouble. This section replaces the old Section of IPC.
Why does this law exist? This law is in place to maintain discipline and ensure that the armed forces have enough personnel. Desertion can weaken the military and put national security at risk.
Real-life impact This law prevents people from encouraging soldiers to abandon their posts. It helps maintain the strength and effectiveness of the armed forces. This is important for national defense.
What happens if you break this law? If you encourage desertion, you could go to jail for up to two years, or pay a fine, or both. The police can arrest you without a warrant.
⚖️ Punishment

Imprisonment up to two years, or fine, or both.

💡 Real Life Example

Rahul convinced a soldier to leave his post, promising him a job. Rahul is guilty of abetment of desertion. He faces up to two years in jail or a fine. This is because he encouraged the soldier to desert.

Priya helped a sailor escape from his ship, providing him with money and a hiding place. Priya is also liable. She faces the same punishment.

🛡️ KNOW YOUR RIGHTS
  • •Consult a lawyer immediately if accused.
  • •Do not speak to the police without legal advice.
  • •Gather any evidence to support your defense.
  • •Remember your right to legal aid.
❓ FREQUENTLY ASKED QUESTIONS
Section 163 of the BNS addresses the act of encouraging a member of the armed forces to desert their duties. This includes any action that helps or supports the desertion. This section replaces the old law in the IPC. It aims to maintain discipline within the armed forces.
If you break Section 163 of the BNS, you could face imprisonment for up to two years, or a fine, or both. The severity of the punishment depends on the details of the case. The police can arrest you without a warrant, meaning they can arrest you immediately.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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