IPC 136 → BNS 164: Harbouring Deserter

Quick Summary: IPC 136 vs BNS 164

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 136 (Harbouring Deserter) is now mapped to BNS Section 164.

What did IPC 136 cover?

IPC 136 dealt with harbouring deserter — harbouring deserter. 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 164: What changed in the new law?

Exceptions for wife/husband usually apply. From 1 July 2024, all new criminal complaints relating to harbouring deserter are filed under BNS Section 164. 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 164

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 164 instead of IPC 136.
• Police officers: Use BNS 164 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 136 ↔ BNS 164 mapping.