eCourtsIndia
IndiaCode Laws
Section136
The Indian Penal Code, 1860

Harbouring deserter

Repealed From 01 Jan 1862 Act 45 of 1860 As on 15 Oct 2026

Act 45 of 1860 Ministry Home Affairs Enacted 06 Oct 1860 In force 01 Jan 1862

This provision is repealed. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 136 of the Indian Penal Code, 1860 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 de The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

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 a wife to her husband.

Section 136, The Indian Penal Code, 1860 (Act 45 of 1860).

Now in the Bharatiya Nyaya Sanhita

BNS 164 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 The repealed enactment still governs what happened while it was in force.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.

Questions about Section 136

What does Section 136 of the Indian Penal Code deal with?

Section 136 of the Indian Penal Code 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 de

How do I find court cases under Section 136 of the Indian Penal Code?

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: IPC 136, section 136 IPC, section 136 of the Indian Penal Code. 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 136 of the Indian Penal Code, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BNS 164 (Harbouring deserter), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 136 of the Indian Penal Code come into force?

Section 136 of the Indian Penal Code, cited as IPC 136, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.

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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.