Section 136 IPC: Harbouring deserter

Indian Penal Code, 1860

Section 136 IPC at a Glance

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

Punishment

Imprisonment of either description for up to two years.

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

Section 164 →

Section 136 IPC Bare Act Text

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.

Source: Section 136, Indian Penal Code, 1860

Section 136 IPC in Simple Words

Section 136 of the Indian Penal Code (IPC) punishes harbouring an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India, by a person who knows or has reason to believe that the officer, soldier, sailor or airman has deserted. 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. An Exception takes out the case in which the harbour is given by a wife to her husband.

Ingredients of Section 136 IPC

  • The person harboured was an officer, soldier, sailor or airman
  • That person served in the Army, Navy or Air Force of the Government of India
  • That person had deserted
  • The accused harboured that person
  • The accused knew or had reason to believe that the person had deserted
  • The harbour was not given by a wife to her husband

Punishment Under Section 136 IPC

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 136 IPC

In 2019, in Visakhapatnam, Pranav, a sailor in the Navy of the Government of India, deserted from naval service without leave. Pranav told his unmarried cousin Keshav that he had deserted the Navy and asked for shelter to evade arrest. Knowing that Pranav had deserted, Keshav harboured him in a locked timber godown and supplied him with food for a month. Because Keshav was not a wife giving harbour to her husband under the Exception, Keshav is punishable under Section 136 IPC.

When Section 136 IPC Does Not Apply

  • A person gives shelter to a member of the armed forces without knowing or having any reason to believe that the person has deserted.
  • The person sheltered is not an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India.
  • The officer, soldier, sailor or airman is on lawful leave and has not deserted from service.
  • A wife gives harbour to her deserting husband, which falls within the Exception to Section 136 IPC.

Section 136 IPC in the BNS

Section 136 IPC is now covered under Section 164 BNS.

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 detailed comparison (IPC 136 vs BNS 164) →

FAQs on Section 136 IPC

What does Section 136 IPC provide?▼

It punishes harbouring an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India, when the harbourer knows or has reason to believe that the person has deserted.

What is the punishment under Section 136 IPC?▼

Imprisonment of either description for up to two years, or fine, or both.

What must the accused know under Section 136 IPC?▼

The accused must know or have reason to believe that the person harboured has deserted.

What does the Exception to Section 136 IPC cover?▼

The section does not extend to the case in which the harbour is given by a wife to her husband.

How does Section 136 IPC differ from Section 135 IPC?▼

Section 135 IPC punishes abetting the desertion. Section 136 IPC punishes harbouring a person who has deserted.

Is an offence under Section 136 IPC cognizable and bailable?▼

It is cognizable and bailable.

Which court tries an offence under Section 136 IPC?▼

Any Magistrate.

Can an offence under Section 136 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 136 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 164 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·