Section 163 BNS: Abetment of desertion of soldier, sailor or airman
Bharatiya Nyaya Sanhita, 2023
Section 163 BNS at a Glance
Section 163 BNS deals with abetment of desertion of soldier, sailor or airman. It is bailable and cognizable, triable by any Magistrate; it replaced Section 135 IPC on 1 July 2024.
Imprisonment of either description for up to two years.
Section 163 BNS Bare Act Text
163. 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.
Source: Section 163, Bharatiya Nyaya Sanhita, 2023
Section 163 BNS in Simple Words
Section 163 of the Bharatiya Nyaya Sanhita (BNS) deals with helping or persuading a soldier, sailor, or airman to desert from service. In simple terms, if a person intentionally assists, encourages, or tries to induce a member of the armed forces to leave duty unlawfully, this section can apply. It is aimed at protecting discipline and operational strength in the defence services.
This section applies not only to direct acts of persuasion, but also to conduct that amounts to abetment under the criminal law. The person need not be a serving member of the forces. A civilian can also be prosecuted if the required intention and involvement are proved.
In practice, this provision matters because desertion in the armed forces is treated seriously, especially during active service, mobilisation, or sensitive assignments. The law is designed to prevent interference with military discipline and public security.
Ingredients of Section 163 BNS
- The desertion of an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
- Abetment of that desertion by the accused
Punishment Under Section 163 BNS
Imprisonment of either description for up to two years.
The offender may be punished with fine alone or with both imprisonment and fine.
Abetting the desertion of an officer, soldier, sailor or airman carries imprisonment for up to two years, or fine, or both.
Example of Section 163 BNS
When Section 163 BNS Does Not Apply
- The person said to have deserted was not an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
- There was no abetment of the desertion
- The act is harbouring a person who has already deserted, which is punished under Section 164 BNS
Section 163 BNS in the IPC (Previous Law)
Section 163 BNS replaces Section 135 IPC from the old criminal code.
Section 135 IPC is now Section 163 BNS, with the same title, the same words and the same punishment.
View IPC Section 135 →FAQs on Section 163 BNS
Can a civilian be punished under Section 163 BNS?▼
Yes. The law is not limited to serving military personnel. If a civilian intentionally helps or persuades a soldier, sailor, or airman to desert, liability can arise.
Under Section 163 BNS, does the person have to actually desert for the offence to be made out?▼
Not always. If the abetment is proved, the offence can be established even if the desertion does not fully succeed, depending on the facts and the form of abetment.
Is the offence under Section 163 BNS bailable?▼
Yes, it is generally treated as bailable. That means the accused usually has a right to bail, subject to procedure and the facts of the case.
What is the main purpose of Section 163 BNS?▼
The purpose is to protect discipline in the armed forces. The law discourages outsiders from interfering with military service or weakening operational readiness.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·