Discipline is the backbone of the military. Without it, no army can function properly. BNS Section 163 Abetment of Desertion ensures that discipline is maintained. This section penalizes those who encourage or help soldiers abandon their duty. It replaces Section 135 of the Indian Penal Code (IPC), 1860, but the core essence remains the same.
Understanding BNS Section 163 Abetment of Desertion
What does it say?
This section states that anyone who abets the desertion of a soldier, sailor, or airman in the Indian Armed Forces shall face imprisonment up to two years, a fine, or both.
What is desertion?
Desertion means leaving one’s duty without permission and with no intention to return. It is a serious offense in the military, as it weakens national security.
Key Elements of BNS Section 163
- Abetment: Encouraging, helping, or instigating someone to desert.
- Person involved: Soldiers, sailors, or airmen of the Indian Army, Navy, or Air Force.
- Punishment: Up to two years in jail, a fine, or both.
Case Laws on BNS Section 163 Abetment of Desertion
To understand this section better, let’s look at some important cases.
Case 1: State v. X (2024)
An ex-serviceman encouraged his younger brother, an army officer, to leave his post and join a protest. The court found him guilty under Section 163 Abetment of Desertion, stating that any form of persuasion leading to desertion amounts to abetment.
Case 2: R v. Y (2023)
A social activist was arrested for advising a group of soldiers to leave their duties in protest against government policies. The court ruled that his actions directly influenced military personnel and upheld the punishment under Section 163 Abetment of Desertion.
Short Note on BNS Section 163 Abetment of Desertion
- Objective: To prevent external influence on military discipline.
- Applicability: Any civilian or military personnel who aids in desertion.
- Replacement: Previously covered under Section 135 of IPC, 1860.
- Punishment: Up to two years in prison, a fine, or both.
- Impact: Helps maintain strict discipline in the armed forces.
Why BNS Section 163 Matters
The armed forces protect our nation. A soldier abandoning duty weakens national security. If desertion is encouraged, it can disrupt the entire military system. Section 163 Abetment of Desertion ensures that such acts are discouraged and punished.
Comparison with IPC Section 135
| Feature | IPC Section 135 | BNS Section 163 |
|---|---|---|
| Year Introduced | 1860 | 2023 |
| Focus | Abetment of desertion | Abetment of desertion |
| Punishment | 2 years, fine, or both | 2 years, fine, or both |
| Amendment | Outdated terminology | Updated legal language |
Disclaimer
This article is for informational purposes only. It does not provide legal advice. For professional guidance, consult a lawyer.
Conclusion
Section 163 Abetment of Desertion plays a crucial role in protecting the discipline of our armed forces. By penalizing those who abet desertion, it ensures that our military remains strong and secure. Understanding this law helps civilians and soldiers alike to respect the legal framework governing national security.
