IPC §136 → BNS §164

Harbouring deserter

Substantively sameConfidence: mediumStatus: cross checkedconsolidation context(precautionary)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Text verified against official sources where indicated. Field-level labels (AI-indicated / AI-inferred / Text-verified) apply per edge metadata. Verify current bail/cognizable status against official sources before relying on procedural claims. Last updated: 2026-04-28.

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Comparison

Old law
IPC §136
Harbouring deserter

136. Harbouring deserter.—Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, 8[sailor or airman], in the Army, 9[Navy or Air Force] of the 10[Government of India], has deserted, harbours such officer, soldier, 8[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.

New law
BNS §164
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.

What changedAI-inferred

IPC 136 and BNS 164 carry the harbouring-deserter offence with the spouse-exception gender-neutralised. The operative offence (knowing or having reason to believe a service member has deserted, harbouring such person; punishment up to 2 years' imprisonment, fine, or both) is character-identical. The Exception expands from 'wife of the deserter' (IPC 136) to 'spouse of the deserter' (BNS 164), aligning with BNS's broader gender-neutralisation pattern (cf. BNS 2(10)'s addition of 'transgender' to the gender pronoun rule). The change extends the Exception's protection to husbands of female deserters and to spouses of any gender.

Old position

IPC 136 is concerned with Harbouring deserter. Harbouring deserter

New position

BNS 164 modifies the framework. Topic: 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

IPC 136 and BNS 164 carry the harbouring-deserter offence with the spouse-exception gender-neutralised. The operative offence (knowing or having reason to believe a service member has deserted, harbouring such person; punishment up to 2 years' imprisonment, fine, or both) is character-identical....

Editorial deltaAI-indicated (source-linked)

BNS 164 reproduces IPC 136's framework for criminalising the harbouring of a deserter from the Army, Navy or Air Force of the Government of India. The historical-amendment brackets in the IPC 136 text (references to 'sailor or airman', 'Navy or Air Force', 'Government of India') are incorporated as plain text. Punishment levels are preserved.

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, IPC 136 continues to apply. For matters from that date forward, BNS 164 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNS 164 (Harbouring deserter). The relationship is classified as modified — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, IPC §136 → BNS §164 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/136.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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