IPC 135 → BNS 163: Abetment of Desertion

Quick Summary: IPC 135 vs BNS 163

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 135 (Abetment of Desertion) sits among the IPC's offences against the State and the armed forces — the group the Bharatiya Nyaya Sanhita redrew more heavily than almost any other. Renumbered as BNS 163, the conduct is recast around the sovereignty, unity and integrity of India, with the colonial sedition offence replaced by a distinct provision targeting acts that endanger the nation, so abetment of desertion must now be read through the new framework rather than the repealed IPC 135.

What did IPC 135 cover?

IPC 135 dealt with abetment of desertion — abetment of desertion of soldier, sailor or airman. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 163: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to abetment of desertion are filed under BNS Section 163, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 163

Same - Up to 2 years

Practical implications for advocates, police & citizens

• Advocates: Charges for abetment of desertion in this group are grave, typically non-bailable Sessions matters — confirm the required prior sanction and frame them under BNS 163 rather than the repealed IPC 135.
• Police officers: Route a abetment of desertion investigation through the prescribed sanctioning authority and cite BNS 163 in the FIR; procedure follows the BNSS.
• Law students & citizens: Because abetment of desertion in this group carries severe punishment, never rely on the old IPC 135 number when checking your position under the new law.