BNS Section 164: Harbouring Deserter

Definition of BNS Section 164

Section 164 of the BNS 2023 States:
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 the spouse of the deserter.

Explanation and Illustration of BNS Section 164

BNS Section 164 defines that whoever shelters a deserter from the Army, Navy, or Air Force of the Government of India will be punished. A deserter is an officer, soldier, sailor, or airman who abandoned his military post or deserted duty without permission.
This part deals with the individuals who, knowingly, are in possession or shelter of a deserter from the armed forces. It is a serious offense as it goes against military discipline and national security.

• Illustration 1: Concealing a Deserter
  A civilian knows that an Indian Army soldier has deserted and is staying in hiding. Though the civilians know that the soldiers have deserted, they are ready to give shelter and help the soldiers flee.
  Legal Consequence: The civilian concerned comes within the purview of Section 164 of harbouring a deserter. They can be awarded imprisonment up to two years or face a fine, or even both,

• Illustration 2: Aiding to Evade Capturing
  Someone assists a deserting Navy by issuing him a wrong identity and helping the sailor to evade the Naval authorities.
  Legal Consequence: This person is liable to detain the aeronautical personnel under Section 164 and could be sentenced to imprisonment for a term which may extend up to two years, or with a fine or with both.

• Illustration 3: Failure to Report a Deserter
  A neighbor knows that an airman has deserted but fails to report the information to the authorities, and instead, the airman stays in the house of the neighbor.
  Legal Ramification: Harboring a deserter might attract penalty charges which may include imprisonment and fines under Section 164.

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