The criminal justice system in India witnessed a historic overhaul with the enforcement of the Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code (IPC) on July 1, 2024, along with two key legislations — the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA), replacing the CrPC and Indian Evidence Act respectively. These transformative laws aim to build a justice system that is modern, transparent, and people-centric.

Among the revamped provisions, Section 163 of BNS holds significant importance as it deals with the abetment of desertion by armed forces personnel. Desertion threatens national security and weakens military discipline. The section strengthens the legal framework by clearly defining the offense and ensuring that any person encouraging or assisting desertion is held accountable. Understanding Section 163 of BNS is vital to see how the law now safeguards the structure and integrity of India’s defense forces. Explore more important Judiciary Notes.

Section 163 BNS

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." 

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Section 163 of BNS criminalizes the act of encouraging or assisting members of India's armed forces specifically officers, soldiers, sailors, or airmen—to abandon their duty without authorization. Persons found guilty of such abetment may face :

• Imprisonment for up to two years .
• A monetary fine .
• Both imprisonment and a fine .

The provision's purpose is to deter actions that could compromise military effectiveness and national security .

Section 163 BNS Essential Elements

To establish an offense under Section 163 of BNS the following elements must be proven:

• Abetment: The accused must have intentionally encouraged, instigated, or assisted in the act of desertion.
• Desertion: The primary act involves a member of the armed forces abandoning their duty without permission.

Targeted Personnel: The individual induced to desert must be an officer, soldier, sailor, or airman serving in the Army, Navy, or Air Force of the Government of India.

The scope of Section 163 of BNS encompasses any individual who plays a role in persuading or helping a member of the armed forces to desert. This includes civilians, fellow service members or any other parties. By penalizing such abetment the provision seeks to :

• Uphold strict discipline within the military ranks .
• Prevent potential threats to national security arising from unauthorized absences.
• Dissuade external influences from undermining the commitment of armed forces personnel.

Comparison with Previous IPC Section

Section 163 BNS corresponds directly to Section 135 of the Indian Penal Code (IPC) , 1860 . The table below describes the similarities and differences between the two provisions :

The primary distinction lies in the explicit inclusion of "officer" in Section 163 of BNS broadening the scope to cover all ranks within the armed forces.

Section 163 BNS Judicial Interpretation

While Section 163 of BNS was recently enacted, courts have long dealt with similar issues under Section 135 of the IPC. These rulings lay the foundation for how the new provision will be interpreted.

Key Principles Recognized by Courts

Some of the key facts observed by the courts are as follows-

• Intent Is Crucial
  The abettor must clearly intend to induce desertion. Casual statements without intent do not amount to abetment .
• Active Participation Counts
  Providing shelter, funds or misleading information to help desertion is considered active involvement and punishable.

Section 163 BNS Landmark Judgment

Some of the landmark judgments related to section 163 are as under -

1 . Joginder Singh vs State of Punjab (AIR 1963 SC 913)

The Supreme Court held that harboring a deserter knowingly constitutes abetment. Even passive assistance is punishable when intent is evident. This remains a key precedent for desertion related cases under Section 163 of BNS .

2. Captain Virender Singh vs Union of India (1998)

The Delhi High Court ruled that emotional coercion or manipulation by a superior officer can qualify as abetment if it leads to desertion. The court emphasized that rank or status does not exempt one from liability.

3. Havildar M.S. Sharma’s Court Martial (2002)

In the military tribunal case the accused encouraged a fellow soldier to desert during deployment . The tribunal found him guilty by reinforcing that even verbal persuasion during duty is a serious offense under military law and aligns with Section 163 of BNS .

Section 163 BNS Impact

The judicial interpretations will strongly influence how Section 163 of BNS is enforced. They ensure that anyone who deliberately encourages or supports desertion, directly or indirectly will be held accountable under the modern legal system .

Conclusion

Section 163 of the Bharatiya Nyaya Sanhita, 2023 is a important legal provision aimed at preserving the integrity and operational readiness of armed forces of India . By criminalizing the abetment of desertion and encompassing all ranks including officers, the section focuses the importance of duty and discipline within military structures . The continuity and slight expansion from the previous IPC provision shows a commitment to adapting legal structure to contemporary requirement while maintaining core principles essential for national security.

Download 5 Key take aways on Section 163 BNS PDF