Section 135 IPC: Abetment of desertion of soldier, sailor or airman
Indian Penal Code, 1860
Section 135 IPC at a Glance
Section 135 IPC deals with abetment of desertion of soldier, sailor or airman. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 163 BNS.
Imprisonment of either description for up to two years.
Section 135 IPC Bare Act Text
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.
Source: Section 135, Indian Penal Code, 1860
Section 135 IPC in Simple Words
Section 135 of the Indian Penal Code (IPC) punishes abetting the desertion of an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India. The punishment is imprisonment of either description for up to two years, or fine, or both. The offence is cognizable and bailable, and it is triable by any Magistrate.
Ingredients of Section 135 IPC
- The person whose desertion was abetted was an officer, soldier, sailor or airman
- That person served in the Army, Navy or Air Force of the Government of India
- The accused abetted the desertion of that person
Punishment Under Section 135 IPC
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 135 IPC
When Section 135 IPC Does Not Apply
- Section 135 IPC does not apply when the person who leaves service is not an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India.
- Section 135 IPC does not apply if the member of the armed forces deserts entirely on his own without any instigation, aid or conspiracy from the accused.
- Section 135 IPC does not apply where the accused did not abet the desertion beforehand but only sheltered the deserter afterwards, which is dealt with under Section 136 IPC.
Section 135 IPC in the BNS
Section 135 IPC is now covered under Section 163 BNS.
Section 135 IPC is now Section 163 BNS, with the same title, the same words and the same punishment.
View detailed comparison (IPC 135 vs BNS 163) →FAQs on Section 135 IPC
What does Section 135 IPC provide?▼
It punishes abetting the desertion of an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India.
What is the punishment under Section 135 IPC?▼
Imprisonment of either description for up to two years, or fine, or both.
How does Section 135 IPC differ from Section 136 IPC?▼
Section 135 IPC punishes abetting the desertion. Section 136 IPC punishes harbouring an officer, soldier, sailor or airman whom the harbourer knows or has reason to believe has deserted.
Whose desertion does Section 135 IPC cover?▼
That of an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India.
Is an offence under Section 135 IPC cognizable and bailable?▼
It is cognizable and bailable.
Which court tries an offence under Section 135 IPC?▼
Any Magistrate.
Can an offence under Section 135 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 135 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 163 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·