IPC 136 → BNS 164: Harbouring Deserter

Quick Summary: IPC 136 vs BNS 164

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 136 (Harbouring Deserter) 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 164, 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acts that endanger the nation, so harbouring deserter must now be read through the new framework rather than the repealed IPC 136.

What did IPC 136 cover?

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

Exceptions for wife/husband usually apply. From 1 July 2024, new complaints relating to harbouring deserter are filed under BNS Section 164, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 164

Same - Up to 2 years

Practical implications for advocates, police & citizens

• Advocates: Charges for harbouring deserter in this group are grave, typically non-bailable Sessions matters — confirm the required prior sanction and frame them under BNS 164 rather than the repealed IPC 136.
• Police officers: Route a harbouring deserter investigation through the prescribed sanctioning authority and cite BNS 164 in the FIR; procedure follows the BNSS.
• Law students & citizens: Because harbouring deserter in this group carries severe punishment, never rely on the old IPC 136 number when checking your position under the new law.