Bharatiya Nyaya Sanhita, 2023
Section 163
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.
Why this exists
This provision continues a long-standing principle from British colonial-era law (originally Section 136 of the Indian Penal Code, 1860) aimed at protecting military discipline and national security. Desertion weakens the armed forces, so the law targets not just deserters themselves (punished under separate military laws) but civilians or others who abet or encourage such desertion, recognizing that outside interference can seriously undermine defense readiness.
Common misconceptions
- Myth: Only soldiers who desert can be punished under this law.
Fact: This section actually targets people who help or convince a soldier to desert, not the soldier's own act of desertion, which is punished separately. - Myth: This law applies only to people within the military.
Fact: Anyone, including civilians, can be charged under this section if they abet a soldier's desertion.