What is Section 136 IPC? Harbouring deserter
Published on: Lawiz Team
Detailed explanation of Section 136 IPC: Harbouring deserter.
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
Section 136 punishes anyone who hides or shelters a deserter from the armed forces.
Purpose
To prevent deserters from finding refuge and encourage their return to duty.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Scope and Application
Applies to anyone who harbors or shelters a deserter.
Important Legal Points
Punishment is more severe if the person knew about the deserter’s status.
Illustrative Example
A person hiding a soldier who has deserted his unit is punishable.
Exceptions and Special Cases
Does not apply if the person did not know the individual was a deserter.
Conclusion
Discourages assistance to deserters from the armed forces.
FAQs
What does Section 136 IPC define?
Harbouring deserter.
Where does Section 136 IPC apply?
It applies in legal cases involving harbouring deserter.
Why is Section 136 IPC significant?
It addresses national security, military discipline, and related offenses.
Can you provide a real-life example involving Section 136 IPC?
Such cases involve offenses by military personnel or acts against state security.
What punishment is provided under Section 136 IPC?
Punishment varies based on the severity and nature of the offense under this section.
Is Section 136 linked with any military or public service acts?
Yes, it often links with Army Act, Naval Discipline Act, Air Force Act, or IPC provisions.
How have courts ruled on cases under Section 136 IPC?
Courts interpret based on the facts, intent, and seriousness of the act committed.