Bharatiya Nyaya Sanhita, 2023 · Chapter VIII: Of Offences Relating to the Army, Navy and Air Force
Section 164: Harbouring deserter
In plain words
Harbouring an officer, soldier, sailor or airman while knowing or having reason to believe they have deserted is punishable with up to two years in prison, or a fine, or both.
- It is not an offence when the deserter's spouse gives the shelter.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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 the spouse of the deserter.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 164
No Supreme Court judgment in our database cites this section yet.