Section 163 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 163 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offense of abetting the desertion of military personnel. Specifically, it criminalizes the act of encouraging, assisting, or facilitating any officer, soldier, sailor, or airman in the Army, Navy, or Air Force of the Government of India to desert their post without lawful authority
Key Provisions
Offense Defined: The section targets individuals who abet the desertion of military personnel.
Punishments:
Imprisonment of either description for a term which may extend to two years.
A fine.
Both imprisonment and fine, depending on the case.
This provision is part of Chapter 8 of the BNS, which deals with offenses related to the Army, Navy, and Air Force
Rationale and Application
Desertion undermines military discipline and can compromise national security. By penalizing those who abet desertion, the law aims to deter such acts and maintain the integrity of the armed forces. For instance, if a civilian provides shelter or transportation to a soldier intending to desert, they would be liable under this section .(
It's important to note that this section specifically addresses the act of abetment before or during the desertion. Assisting a deserter after the act has occurred falls under different legal provisions.
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