Harbouring deserter

Q: When did Section 164 of the Bharatiya Nyaya Sanhita come into force?

Section 164 of the Bharatiya Nyaya Sanhita, cited as BNS 164, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

In force From 01 Jul 2024 Act 45 of 2023 As on 14 Oct 2026

Act 45 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 164 of the Bharatiya Nyaya Sanhita, 2023 deals with harbouring deserter. 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 descriptio The Act came into force on 01 Jul 2024.

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.
Exception.—This provision does not extend to the case in which the harbour is given by the spouse of the deserter.
Section 164, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Replaces a provision of the Indian Penal Code

IPC 136 Harbouring deserter Text carried over almost unchanged 94%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

How this offence is classified

From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.

Offence	Punishment	Cognizable	Bailable	Triable by
Harbouring deserter.	Imprisonment for 2 years, or fine, or both.	Cognizable.	Bailable.	Any Magistrate.

The Bharatiya Nagarik Suraksha Sanhita, 2023

Questions about Section 164

What does Section 164 of the Bharatiya Nyaya Sanhita deal with?

Section 164 of the Bharatiya Nyaya Sanhita is headed "Harbouring deserter". 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 descriptio

Is Section 164 of the Bharatiya Nyaya Sanhita bailable?

Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Is Section 164 of the Bharatiya Nyaya Sanhita cognizable?

Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.

How do I find court cases under Section 164 of the Bharatiya Nyaya Sanhita?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 164, section 164 BNS, section 164 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 164 165 in hindi and bns 164 1 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 164 of the Bharatiya Nyaya Sanhita, and has it changed?

It carries forward IPC 136 (Harbouring deserter), so the judgments decided under that provision are the case law on this one.

When did Section 164 of the Bharatiya Nyaya Sanhita come into force?

Section 164 of the Bharatiya Nyaya Sanhita, cited as BNS 164, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.