BNS Section 164- Harbouring deserter | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 164 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
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 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.
Procedural Details
Punishment
Imprisonment up to Two Year(s) + Fine
Nature of Offense
Non-cognizable
Bail Eligibility
Bailable
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Any Magistrate
Frequently Asked Questions about BNS Section 164
What is Section 164 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: 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 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.
What is the punishment under BNS Section164 ?
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Two Year(s) + Fine
Is BNS Section 164 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Bailableoffense.
Is BNS Section 164 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isNon-cognizable.
Which court has the jurisdiction to try cases under BNS Section 164 ?
Cases pertaining to this specific BNS section are triable by the Any Magistrate.
Can BNS Section 164 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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