Section 164 BNS: Harbouring deserter

Bharatiya Nyaya Sanhita, 2023

Section 164 BNS at a Glance

Section 164 BNS deals with harbouring deserter. It is bailable and cognizable, triable by any Magistrate; it replaced Section 136 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to two years.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 136 →

Section 164 BNS Bare Act Text

164. 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 the spouse of the deserter.

Source: Section 164, Bharatiya Nyaya Sanhita, 2023

Section 164 BNS in Simple Words

Section 164 of the Bharatiya Nyaya Sanhita (BNS) deals with a narrow but serious situation. It punishes a person who harbours an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India while knowing or having reason to believe that such person has deserted. The law is aimed at protecting discipline in the armed forces and preventing people from sheltering a member of the forces who has unlawfully left service or duty.

Mere hospitality or casual help is not enough unless the accused knew or had reason to believe that the person was a deserter. The section also contains an express Exception: it does not apply where the harbour is given by the spouse of the deserter. Other family members, friends, landlords, or acquaintances who knowingly provide shelter or concealment are not covered by this Exception and can face criminal liability.

Ingredients of Section 164 BNS

  • Harbouring of an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
  • Knowledge or reason to believe that the person harboured has deserted
  • The harbour is not given by the spouse of the deserter

Punishment Under Section 164 BNS

Imprisonment

Imprisonment of either description for up to two years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Harbouring a deserter carries imprisonment of either description for up to two years, or fine, or both.

Example of Section 164 BNS

A man knows that a soldier in the Army has deserted his unit. He lets the soldier live in his house for a week. The man is liable under Section 164 BNS for harbouring the deserter.

When Section 164 BNS Does Not Apply

  • The accused did not know and had no reason to believe that the person had deserted
  • The person harboured was not an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India
  • The person harboured had not deserted
  • The harbour was given by the spouse of the deserter, which the Exception takes out of the section
  • The act is abetting the desertion itself, which is punished under Section 163 BNS

Section 164 BNS in the IPC (Previous Law)

Section 164 BNS replaces Section 136 IPC from the old criminal code.

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.

View IPC Section 136 →

FAQs on Section 164 BNS

What does harbouring a deserter mean under Section 164 BNS?▼

It means giving shelter, hiding, or otherwise helping an officer, soldier, sailor or airman who has deserted the Army, Navy or Air Force. The help must be given while knowing or having reason to believe that the person has deserted. Simple ignorance will not attract liability.

Under Section 164 BNS, can a family member be punished for helping a deserter?▼

Yes, except for the spouse of the deserter. The Exception to Section 164 BNS specifically excludes harbour given by the deserter's spouse, but other family members have no such immunity if they harbour the deserter knowing or having reason to believe that the person has deserted.

Is mere silence enough to attract the offence under Section 164 BNS?▼

Usually, no. There must be some positive act of harbouring or assistance, along with knowledge or reason to believe that the person is a deserter. However, facts can vary, and conduct that helps conceal the deserter may still be enough.

What is the punishment under Section 164 BNS?▼

The punishment under Section 164 BNS is imprisonment of either description for a term which may extend to two years, or fine, or both.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·