BNS Section 163: Abetment of Desertion of Soldier, Sailor or Airman
Section 163 of BNS is part of Chapter 8 - Offences relating to the army, navy and air force in Bharatiya Nyaya Sanhita 2023 Act. It addresses the abetment of desertion by a soldier, sailor, or airman. This provision focuses on penalising individuals who encourage, aid, or incite military personnel to abandon their duties or desert their post.
Definition of BNS Section 163
Section 163 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 163
Section 163 of the Bharatiya Nyaya Sanhita, 2023, deals with the offense of public servants accepting gifts or rewards to show favor in the exercise of their official duties. It penalises public servants who, in exchange for any benefit, favor a person while performing their lawful duties. This section is intended to prevent corruption and uphold fairness and impartiality in public administration.
Illustration
Person A, a government officer, accepts an expensive gift from Person B to expedite the approval of his pending license application. He commits an offense under BNS Section 163 by accepting a gift in exchange for showing undue favor to Person B.
Key Points in Section 163
As per BNS Section 163 Abetment here is an action of incitement, help, or encouragement given to any other person in the commission of an offence. Here is a detailed outline of the same:
- Under section 163 it relates to helping a person desert from the military
- It involves a member of the armed forces who abandons his duty or service without authority
- This offense is taken to be serious by military law, as it vitiates the disciplined working of the armed forces
- This act extends to the members of the Army, Navy, or Air Force of the Government of India, including officers, soldiers, sailors, and airmen, who are in any of the said branches.
- Punishment under the section includes imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Differences Between Section 163 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 163 of BNS and its equivalent IPC section 135 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 163 | Abetment of desertion of soldier, sailor or airman. | 135 | No change. |
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FAQs about Section 163 of the Bharatiya Nyaya Sanhita (BNS)
Can public servants accept gifts if they declare them?
Yes, but under certain occasions. It should not be an effort to influence official duties. Simply declaring a gift does not make it legal under Section 163. The key factor is whether the gift was accepted with the intent to influence the public servant’s official actions. Even if disclosed, gifts meant to alter official duties can still lead to charges if there is clear intent.
Can gifts be returned to avoid punishment under Section 163?
No, returning a gift after it is accepted does not automatically absolve the public servant of liability under Section 163. If the intent to influence official duties is evident, the act of returning the gift may not negate the offense. Legal consequences can still apply based on intent and context.
What proof is required to charge someone under Section 163?
To charge a public servant under Section 163, there must be clear evidence linking the gift to an effort to influence official duties. This can include witness statements, communications, or any documentation showing the connection between the gift and the public servant’s actions or decisions.
How does Section 163 help fight corruption in public offices?
Section 163 combats corruption by holding public servants accountable for accepting rewards that may compromise their integrity. It ensures public trust in the fairness of government processes by preventing favoritism or bias in official duties, thereby contributing to cleaner, more transparent governance.
Can a public servant argue that they were unaware of the intent behind the gift?
Yes, a public servant may argue that they weren’t aware of the gift’s intent to influence their official actions. However, the burden of proof rests on the defense to demonstrate that the gift had no connection to their duties. If evidence suggests otherwise, the defense may fail.
What role do witnesses play in cases under Section 163?
Witnesses play a crucial role in cases under Section 163. Eyewitness accounts, recordings, or other forms of testimony can substantiate claims that a public servant accepted a gift with the intent to influence their official duties. Their statements are often critical in proving the offense in court.
