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KembaraXtra - Bharatiya Nyaya Sanhita - Section 163 - Abetment of Desertion of Soldier, Sailor or Airman
Introduction
Section 163 of the Bharatiya Nyaya Sanhita, 2023, deals with the offence of abetting desertion by an officer, soldier, sailor or airman serving in the Army, Navy or Air Force of the Government of India.
The provision addresses the conduct of a person who abets the desertion of personnel belonging to these armed services.
Its purpose is to penalise involvement in encouraging or facilitating desertion from the armed forces.
Meaning of Section 163
Under Section 163, any person who abets the desertion of an officer, soldier, sailor or airman serving in the Army, Navy or Air Force of the Government of India is liable to punishment.
The provision therefore concerns the abetment of desertion by personnel belonging to the specified armed services.
The offence focuses on the conduct of the person who abets desertion rather than merely on the conduct of the service member who deserts.
Essential Ingredients of Section 163
1. There Must Be Abetment of Desertion
The accused must abet the desertion of a person belonging to the specified armed services.
The provision is directed at conduct that encourages or assists the desertion of such personnel.
2. The Desertion Must Concern Specified Armed Forces Personnel
The person whose desertion is abetted must be an officer, soldier, sailor or airman.
The section expressly identifies these categories of personnel.
3. The Person Must Belong to the Armed Forces of the Government of India
The officer, soldier, sailor or airman must belong to the Army, Navy or Air Force of the Government of India.
The provision is therefore specifically concerned with abetment of desertion from these services.
Concept of Desertion
According to the supplied commentary, desertion refers to abandoning a duty, post or responsibility without permission, particularly in the context of the military or armed forces.
The concept concerns the unauthorised abandonment of responsibilities associated with service.
The commentary further indicates that desertion involves an element of intention. However, the supplied extract ends before the explanation of that intention is completed.
Accordingly, the available commentary establishes the general meaning of desertion as unauthorised abandonment of duty, post or responsibility, but does not provide the complete explanation of its intentional element.
Punishment Under Section 163
A person who commits the offence under Section 163 may be punished with:
- Imprisonment of either description for a term extending up to two years; or
- Fine; or
- Both imprisonment and fine.
The provision therefore permits imprisonment, fine or both.
The supplied statutory text does not specify a numerical maximum amount for the fine.
Classification of the Offence
According to the classification provided in the supplied text:
Nature of Offence: Cognizable.
Bail: Bailable.
Triable By: Any Magistrate.
Commentary
Section 163 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 135 of the Indian Penal Code, 1860.
According to the supplied commentary, the wording of the provision remains unchanged.
The provision has been retained in the Bharatiya Nyaya Sanhita in the same form as its corresponding provision under the Indian Penal Code.
The commentary also explains that desertion generally involves abandoning a duty, post or responsibility without permission, particularly within the armed forces.
Key Takeaway
Section 163 makes it an offence to abet the desertion of an officer, soldier, sailor or airman serving in the Army, Navy or Air Force of the Government of India.
The provision specifically addresses involvement in the desertion of personnel belonging to these armed services.
The punishment may extend to two years’ imprisonment, or fine, or both.
The offence is cognizable, bailable and triable by any Magistrate.
IPC Equivalent: Section 135 IPC.
Legislative Position: The language remains unchanged, and the provision has been retained as it was.
Final Memory Formula
SECTION 163 = ABETMENT OF DESERTION + OFFICER, SOLDIER, SAILOR OR AIRMAN + ARMY, NAVY OR AIR FORCE OF THE GOVERNMENT OF INDIA = UP TO TWO YEARS’ IMPRISONMENT OR FINE OR BOTH.
