Section 164 BNS: Harbouring deserter

Section 164 BNS

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.

FAQs of BNS Section 164

  1. 164 BNS punishment and fine

    Punishment and fine under Section 164 of the BNS: Imprisonment for 2 years, or fine, or both.

  2. 164 BNS cognizable or not

    The offence under Section 164 of the BNS is cognizable.

  3. 164 BNS bailable or not

    The offence under Section 164 of the BNS is bailable.

  4. 164 BNS trial court

    Offence specified in Section 164 of the BNS is triable by Any Magistrate.

Important Points

  • Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.
  • Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.
  • Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • In the above FAQ, “trial court” means the court that has jurisdiction to try the offence.
  • In the above FAQ, the expression “Magistrate of the first class” and “Any Magistrate” does not include Executive Magistrates.

Read other Sections of the BNS

Reference Link: New Criminal Laws (BNS), Ministry of Home Affairs

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