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Section 163: Abetment of Desertion of Soldier, Sailor or Airman

Bharatiya Nyaya Sanhita • Chapter VII: Of Offences Against the State & Armed Forces • Official Statutory Text & Legal Guide

Chapter VII: Of Offences Against the State & Armed Forces
Any Magistrate
Bailable
Cognizable
Formerly Sec 135 IPC
Section 162 All 358 Sections of Bharatiya Nyaya Sanhita Section 164

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 163 BNS
Abetment of Desertion of Soldier, Sailor or Airman
 Imprisonment extending to 2 years, or fine, or both. Bailable Cognizable Any Magistrate Formerly Sec 135 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 163

Section 163 penalizes abetting the desertion of any officer, soldier, sailor, or airman in the Army, Navy, or Air Force of India, prescribing imprisonment of either description for a term which may extend to two years, or fine, or both.

  • Military Desertion Abetment: Instigating, providing funds, or assisting military personnel to desert their post or regiment.
  • Intentional Seduction from Service: Done with intent that the soldier permanently abandon their military duty.
  • National Defense Protection: Preserves combat readiness and prevents troop desertions during war and peace (formerly Section 135 IPC).
Key Landmark Precedents:
  • Union of India v. Charanjit S. Jaffer (1987) 1 SCC 405: Held that desertion from armed forces is a grave breach of military oath, and external abetment of desertion is punishable under Section 135 IPC (Section 163 BNS).
  • Sanju v. State of M.P. (2002) 5 SCC 371: Reiterated that abetment requires proof of positive instigation.
Courtroom Practice & Strategic Litigation Guidance:

In defending family members accused of abetting a soldier's desertion during leave, produce medical records: show that the soldier fell severely ill or had to attend a family medical crisis without intention to permanently desert.

Section 162 All 358 Sections of Bharatiya Nyaya Sanhita Section 164