IPC 135 → BNS 163: Abetment of Desertion

Quick Summary: IPC 135 vs BNS 163

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 135 (Abetment of Desertion) is now mapped to BNS Section 163.

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 relating to this offence in India 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, all new criminal complaints relating to abetment of desertion are filed under BNS Section 163. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 163

Same - Up to 2 years

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 163 instead of IPC 135.
• Police officers: Use BNS 163 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 135 ↔ BNS 163 mapping.