IPC 135→BNS 163

IPC 135 to BNS 163: Abetment of desertion of soldier, sailor or airman

Section 135 IPC (1860) replaced by Section 163 BNS (2023)

View IPC Section 135 →View BNS Section 163 →

IPC 135 to BNS 163 at a Glance

Section 135 IPC (Abetment of desertion of soldier, sailor or airman) is now Section 163 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 135 to BNS 163?

Section 135 IPC is now Section 163 BNS, with the same title, the same words and the same punishment.

IPC 135 vs BNS 163: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section135163
OffenceAbetment of desertion of soldier, sailor or airmanSame
PunishmentImprisonment of either description for up to two years.Same
FineThe offender may be punished with fine alone or with both imprisonment and fine.Same
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 135 and BNS 163: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 135, IPC 1860

135. Abetment of desertion of soldier, sailor or airman.—Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
BNS 2023 (in force)

Section 163, BNS 2023

Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Ingredients: IPC 135 vs BNS 163

Under IPC 135
  1. The person whose desertion was abetted was an officer, soldier, sailor or airman
  2. That person served in the Army, Navy or Air Force of the Government of India
  3. The accused abetted the desertion of that person
Under BNS 163
  1. The desertion of an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
  2. Abetment of that desertion by the accused

What IPC 135 to BNS 163 Means for Pending Cases

For Section 135 IPC (now Section 163 BNS): the offence and the punishment are unchanged, so the charge for an act done after the BNS came into force cites Section 163 BNS and is framed exactly as before.

FAQs: IPC 135 to BNS 163

What changed when Section 135 IPC became Section 163 BNS?▼

Only the number. Section 163 BNS repeats the title and the words of Section 135 IPC, and the punishment is the same.

Where does Section 135 IPC sit in the BNS?▼

In Section 163 BNS, in Chapter VIII, Of Offences Relating to the Army, Navy and Air Force.

Does Section 135 IPC or Section 163 BNS apply to an act done before 1 July 2024?▼

Section 135 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 135 IPC. Section 163 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·