IPC · Chapter VII · Of offences relating to the Army, Navy and Air Force

IPC section 136 in the BNS

IPC 136BNS 164

IPC section 136, “Harbouring deserter”, is now BNS section 164 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 136 to BNS 164

Now BNS section 164. The exception for harbouring a deserter now covers “the spouse of the deserter” (IPC: a wife harbouring her husband).

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 136 Harbouring deserter

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 a wife to her husband.

Bharatiya Nyaya Sanhita, 2023

Section 164 Harbouring deserter

Exception.—This provision does not extend to the case in which the harbour is given by the spouse of the deserter.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.