Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Simplified Explanation
Section 163 of the Bharatiya Nyaya Sanhita (BNS) 2023 deals with the offense of abetting the desertion of a member of the armed forces (Army, Navy, or Air Force) by inciting or assisting a soldier, sailor, airman, or officer to leave their military service unlawfully. Desertion in this context refers to the act of an individual abandoning their post or duties without permission and without the intention of returning.
Key Elements of Section 163
- Desertion:
- Desertion refers to the act of a member of the military abandoning their duties, post, or service without lawful permission, and without the intention of returning. It is a serious offense in the armed forces because it undermines military discipline, order, and security.
- The section specifically targets the abetment of desertion, meaning that it criminalizes the actions of anyone who encourages, assists, or facilitates desertion.
- Who Can Be Abetted:
- The provision applies to any officer, soldier, sailor, or airman who is part of the Army, Navy, or Air Force of the Government of India.
- Abetting desertion can include helping a member of the armed forces leave their post, hiding them, or providing them with resources to escape.
- Abetment:
- Abetment in this section refers to actively encouraging, inciting, or helping a person desert their military post. This could involve giving advice, shelter, transportation, or any other form of assistance to facilitate the act of desertion.
Punishments Prescribed
- Imprisonment (Up to 2 Years):
- The person who abets the desertion can be punished with imprisonment for up to two years. The term may be either simple or rigorous imprisonment, depending on the court’s judgment and the circumstances.
- Fine:
- The individual who commits this offense can also be subjected to a fine, in addition to imprisonment, as a financial penalty.
- Both Imprisonment and Fine:
- The punishment could include both imprisonment and a fine, depending on the severity of the abetment and the circumstances of the case.
Purpose and Rationale
- Maintaining Military Discipline:
- Desertion severely impacts the operational efficiency and morale of the military. By penalizing abetment of desertion, this provision ensures that the integrity and discipline of the armed forces are maintained.
- Deterring Support for Desertion:
- The section serves as a deterrent to individuals who may consider helping or encouraging soldiers to desert their duties. It makes it clear that assisting desertion is a punishable offense.
- Upholding National Security:
- A deserting soldier, sailor, or airman may leave the armed forces vulnerable to enemy actions. This section prevents actions that could lead to a reduction in the fighting strength or readiness of the military.
Comparison with Indian Penal Code (IPC), 1860
- This provision under the Bharatiya Nyaya Sanhita is similar in concept to provisions under the Indian Penal Code (IPC) related to encouraging or abetting the desertion of government employees or law enforcement personnel.
- However, Section 163 of the BNS is specifically tailored to the armed forces and focuses on maintaining military discipline and safeguarding national security by penalizing individuals who abet desertion in a military context.
Illustrations
- Example 1:
- A soldier is unhappy with their deployment and decides to leave the army. A civilian provides the soldier with money, transportation, and a place to hide. The civilian is guilty of abetting desertion under Section 163.
- Example 2:
- A sailor, tired of service, secretly plans to desert the navy. A fellow sailor encourages and helps him by advising him on how to escape and avoid capture. The sailor who encouraged the desertion is guilty of abetment under Section 163.
- Example 3:
- An officer encourages a young airman to leave the Air Force, promising to help them get a civilian job. The officer’s actions qualify as abetment of desertion under this provision.
Defenses
- Lack of Knowledge or Intent:
- The accused could argue that they were unaware of the military context or that they did not intend to help the person desert the armed forces.
- No Direct Assistance:
- If the accused claims they did not directly assist in the desertion or provide any tangible help, they might argue that their actions do not constitute abetment.
- Coercion or Duress:
- If the accused was forced or coerced into helping the desertion under threat or duress, they might present this as a defense.
Impact on Military and Governance
- Preventing Desertion: Desertion can significantly reduce the fighting strength and readiness of the military. By criminalizing abetment, this section aims to minimize such incidents and preserve the integrity of the armed forces.
- Promoting Loyalty and Discipline: The section reinforces the importance of loyalty and discipline within the armed forces, making it clear that any encouragement of desertion is a serious offense.
- Securing National Interests: The armed forces are essential for protecting national security. Desertion can weaken defense capabilities, and Section 163 plays a critical role in safeguarding these capabilities.
Conclusion
Section 163 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the act of abetting desertion by members of the Army, Navy, or Air Force. The section imposes penalties such as imprisonment (up to two years), fines, or both, for anyone who encourages, assists, or facilitates desertion. The provision seeks to maintain military discipline, prevent weakening of the armed forces, and uphold national security by making it clear that desertion, and support for desertion, is punishable by law.
