IPC 136→BNS 164

IPC 136 to BNS 164: Harbouring deserter

Section 136 IPC (1860) replaced by Section 164 BNS (2023)

View IPC Section 136 →View BNS Section 164 →

IPC 136 to BNS 164 at a Glance

Section 136 IPC (Harbouring deserter) is now Section 164 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 136 to BNS 164?

Section 136 IPC is now Section 164 BNS, with the same title and the same punishment. The offence is worded the same way. The Exception changes: it covered harbour given by a wife to her husband, and it now covers harbour given by the spouse of the deserter.

IPC 136 vs BNS 164: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section136164
OffenceHarbouring deserterSame
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 136 and BNS 164: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 136, IPC 1860

136. Harbouring deserter.—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 a wife to her husband.
BNS 2023 (in force)

Section 164, BNS 2023

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.

Ingredients: IPC 136 vs BNS 164

Under IPC 136
  1. The person harboured was an officer, soldier, sailor or airman
  2. That person served in the Army, Navy or Air Force of the Government of India
  3. That person had deserted
  4. The accused harboured that person
  5. The accused knew or had reason to believe that the person had deserted
  6. The harbour was not given by a wife to her husband
Under BNS 164
  1. Harbouring of an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
  2. Knowledge or reason to believe that the person harboured has deserted
  3. The harbour is not given by the spouse of the deserter

What IPC 136 to BNS 164 Means for Pending Cases

For Section 136 IPC (now Section 164 BNS): the offence and the punishment are unchanged, so a charge for harbour given after the BNS came into force cites Section 164 BNS and is framed as before. The Exception is wider. It protects harbour given by the spouse of the deserter, so harbour given by a husband to his wife falls within it, as harbour given by a wife to her husband always did.

FAQs: IPC 136 to BNS 164

What changed when Section 136 IPC became Section 164 BNS?▼

The number and the Exception. Section 164 BNS repeats the title, the offence and the punishment of Section 136 IPC. The Exception covered harbour given by a wife to her husband. It now covers harbour given by the spouse of the deserter.

Does the Exception to Section 164 BNS cover a husband who harbours his wife?▼

Yes, if she is the deserter. The Exception covers harbour given by the spouse of the deserter, and a husband is the spouse of a wife.

Where does Section 136 IPC sit in the BNS?▼

In Section 164 BNS, in Chapter VIII, Of Offences Relating to the Army, Navy and Air Force.

Does Section 136 IPC or Section 164 BNS apply to an act done before 1 July 2024?▼

Section 136 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 136 IPC. Section 164 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 ·