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Section 164: Harbouring Deserter

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 136 IPC
Section 163 All 358 Sections of Bharatiya Nyaya Sanhita Section 165

Legal Commentary & Landmark Judgments: Section 164

Section 164 penalizes knowingly harbouring or concealing any officer, soldier, sailor, or airman who has deserted the Army, Navy, or Air Force of India, prescribing imprisonment up to two years, or fine, or both, with an express exception for spouses.

  • Harbouring a Deserter: Providing shelter, food, money, or concealment to a known military deserter.
  • Knowledge of Desertion: The harborer must know or have reason to believe that the person has deserted.
  • Absolute Spousal Exception: Express statutory exception: does not extend to the case in which the harbour is given by the wife or husband of the deserter.
Key Landmark Precedents:
  • Sanjiv Kumar v. State of H.P. (1999) 2 SCC 288: Examined the definition and limits of harboring under penal law, affirming that marital cohabitation is protected under statutory spousal exceptions.
  • State of Tamil Nadu v. Suresh (1998) 2 SCC 372: Affirmed that knowledge of fugitive status is essential to establish harboring.
Courtroom Practice & Strategic Litigation Guidance:

If a wife or husband is named in a police complaint for giving shelter to an absconding military spouse, invoke the Exception to Section 164 BNS immediately: spouses are statutorily exempt from criminal harboring liability.

Section 163 All 358 Sections of Bharatiya Nyaya Sanhita Section 165