Whoever, 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.
Exceptions
- This provision does not extend to the case in which the harbour is given by a wife to her husband.
IPC Section 136: Simplified Explanation
Indian Penal Code (IPC) Section 136 addresses “Harbouring deserter.” This section pertains to anyone who knowingly harbours or conceals a soldier, sailor, or airman who has deserted the armed forces. The critical element of this offence is the knowledge that the individual being harboured has deserted and should be under military jurisdiction. This law aims to deter civilians or other personnel from assisting in or encouraging the act of desertion, which can significantly undermine military discipline and effectiveness.
The section underscores the importance of cooperation between civilian and military authorities in maintaining the integrity of the armed forces.
Is IPC Section 136 Bailable?
IPC Section 136 is a bailable offence. This means that, based on standard legal procedures, the accused has the right to request and be granted bail by the court while awaiting trial.
IPC Section 136 Punishment
The punishment for an offence under IPC Section 136 can include imprisonment for up to two years, a fine, or both. The exact sentence is determined by the court, taking into consideration the specifics of the case and the degree of involvement in harbouring a deserter.
Example of IPC Section 136
A real-life example of IPC Section 136 being invoked could involve a civilian who knowingly provides shelter and support to a military personnel who has deserted their post. Such cases are not frequently reported in the public domain due to the internal nature of military matters and the legal processes involved. However, instances could include situations where family members or friends assist a deserter in evading capture, often out of misguided sympathy or personal relationships. These cases, when they occur, are handled with sensitivity but also with a firm commitment to uphold military discipline and the rule of law.
