IPC Section 135: Abetment of desertion of soldier, sailor or airman

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. 

IPC Section 135: Simplified Explanation 

 
Indian Penal Code (IPC) Section 135 addresses “Abetment of desertion of soldier, sailor or airman.” This section deals explicitly with anyone who encourages or aids a member of the armed forces (soldier, sailor, or airman) to desert their post or duty. Desertion is a severe offence in the military as it undermines the operational capability and discipline of the forces. The act of abetting desertion affects the individual deserter and has broader implications for unit cohesion and military effectiveness. 

This law aims to maintain the integrity and reliability of the armed forces by penalizing those who attempt to weaken it by encouraging desertion. 

Is IPC Section 135 Bailable? 

IPC Section 135 is a bailable offence. This means the accused can be released on bail while awaiting trial, subject to the court’s discretion. 

IPC Section 135 Punishment 

The punishment for an offence under IPC Section 135 can include imprisonment for up to seven years, a fine, or both, depending on the gravity of the offence and the circumstances under which it was committed. 

Example of IPC Section 135 

Due to military confidentiality, real-life examples of IPC Section 135 are relatively rare and often not publicly disclosed. However, a hypothetical scenario could involve a civilian who provides false information and assistance to a soldier, encouraging them to abandon their post. When discovered, such cases are handled through military and civilian courts to enforce discipline and deter similar future offences.

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