Section 163 BNS: Abetment of Desertion of Soldier, Sailor or Airman
Section 163 of the Bharatiya Nyaya Sanhita, 2023 deals with abetment of desertion by an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India. The provision appears in Chapter VIII of the BNS, which contains offences relating to the Army, Navy and Air Force.
Text of Section 163, Bharatiya Nyaya Sanhita, 2023
163. 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.
What Section 163 BNS Means
Section 163 punishes a person who legally abets the desertion of a member of the Army, Navy or Air Force of the Government of India. The offence focuses on the conduct of the abettor. Whether a particular act amounts to abetment depends on the general abetment provisions of the BNS and the facts proved in the case.
Section 45 BNS explains when a person abets the doing of a thing. In substance, abetment may arise through instigation, conspiracy accompanied by an act or illegal omission in pursuance of the conspiracy, or intentional aid by an act or illegal omission. Section 46 BNS explains who is an abettor and contains further rules relevant to liability for abetment.
Essential Ingredients of Section 163 BNS
- There must be conduct amounting to abetment under the BNS.
- The abetment must relate to desertion.
- The person whose desertion is abetted must be an officer, soldier, sailor or airman.
- That person must be serving in the Army, Navy or Air Force of the Government of India.
- The prosecution must prove the necessary intention or participation required for the form of abetment alleged.
Punishment and BNSS Classification
| Provision | Section 163, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Punishment | Imprisonment of either description for up to 2 years, or fine, or both |
| Cognizable | Yes |
| Bailable | Yes |
| Court competent to try | Any Magistrate |
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, an offence under Section 163 BNS is cognizable and bailable and may be tried by any Magistrate. The First Schedule explains that, for its classification, the term cognizable means that a police officer may arrest without warrant.
Meaning of Abetment in the BNS
Abetment is broader than physically participating in the prohibited act. Depending on the facts, criminal liability may arise through instigation, participation in a qualifying conspiracy, or intentional aid. Mere association or knowledge, without the legal ingredients of abetment, is not by itself enough to establish liability under the general abetment provisions.
Related Provisions: Sections 164 to 167 BNS
Section 163 deals specifically with abetment of desertion. The immediately following provisions address related military-service offences. Section 164 BNS concerns harbouring a deserter, while Section 165 BNS deals with a deserter concealed on board a merchant vessel through negligence of the master or person in charge. Section 166 BNS addresses abetment of an act of insubordination, and Section 167 BNS concerns persons subject to certain service Acts.
Corresponding Provision under the Indian Penal Code, 1860
Section 163 BNS broadly corresponds to Section 135 of the Indian Penal Code, 1860, which dealt with abetment of desertion of a soldier, sailor or airman. For conduct occurring after the commencement of the BNS, the BNS applies subject to the relevant repeal, saving and transitional provisions.
Commencement of the Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita, 2023 is Central Act 45 of 2023. The Central Government appointed 1 July 2024 as the date on which its provisions came into force, except the separately excluded provision of Section 106(2) in the commencement notification.
Official Legal Resources
The enacted law can be checked in the official Bharatiya Nyaya Sanhita, 2023 PDF on India Code. The commencement notification is available from the Ministry of Home Affairs. The procedural classification of Section 163 can be checked in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.