Harbouring deserter
AI Assist
Summary
If a person, knowing or having reason to believe that a member of the Army, Navy or Air Force has deserted, shelters or hides that deserter, they commit an offence. Penalty is imprisonment up to two years, or a fine, or both. The deserter's spouse is excluded from this prohibition.
Example
Rohan hides Arjun, an Army deserter, in his flat after Arjun left his unit. Rohan knew Arjun had deserted. Rohan can be prosecuted and punished with up to two years imprisonment, or a fine, or both. If Arjun had been Rohan's spouse the rule would not apply.
Bare Act
Enacted textWhoever, 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.
BNSS Classification
- Imprisonment for 2 years, or fine, or both.
- Cognizable
- Bailable
- Triable by Any Magistrate.
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