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Section 164 — Harbouring deserter
164
164
Harbouring deserter
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 OffenceHarboringDesertionModerate
🗣️ Simple Explanation
What does this law say? Section 164 of the BNS deals with helping a soldier, sailor, or airman who has deserted. If you know a member of the Army, Navy, or Air Force has deserted and you give them shelter, you could be in trouble. This section replaces the old Section of IPC.
Why does this law exist? This law is in place to prevent deserters from avoiding capture and to maintain discipline within the armed forces. It ensures that deserters are brought back to face consequences.
Real-life impact This law prevents people from helping deserters hide from authorities. It helps the military maintain its strength and discipline. This is important for national security.
What happens if you break this law? If you harbor a deserter, you could go to jail for up to two years, or pay a fine, or both. However, this law does not apply if the deserter's spouse is providing the shelter. The police can arrest you without a warrant.
⚖️ Punishment

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

💡 Real Life Example

Amit knew a soldier had deserted and let him stay in his house. Amit is guilty of harboring a deserter. He faces up to two years in jail or a fine. This is because he provided shelter.

Sneha, aware that her friend, a sailor, had deserted, gave him food and a place to sleep. Sneha is also liable. She faces the same punishment.

🛡️ KNOW YOUR RIGHTS
  • •Seek legal advice immediately if accused.
  • •Do not make any statements to the police without a lawyer.
  • •Gather any evidence to support your defense.
  • •Remember your right to legal aid.
❓ FREQUENTLY ASKED QUESTIONS
Section 164 of the BNS addresses the act of providing shelter to a member of the armed forces who has deserted. This includes any action that helps the deserter avoid capture. This section replaces the old law in the IPC. It aims to maintain discipline within the armed forces.
If you break Section 164 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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