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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

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