Section 135 IPC - Abetment of Desertion of Soldier, Sailor or Airman

Section 135 of the Indian Penal Code, 1860 dealt with abetment of desertion by an officer, soldier, sailor or airman serving in the Army, Navy or Air Force of the Government of India.

Legal position covered: This article explains Section 135 IPC and the corresponding criminal procedure as applicable immediately before the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.

Text of Section 135 IPC

Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Meaning and Scope of Section 135 IPC

Section 135 formed part of Chapter VII of the IPC, which dealt with offences relating to the Army, Navy and Air Force. The provision punished a person who abetted the desertion of specified members of the armed forces. The offence focused on the act of abetment; the statutory language did not make the punishment under this section dependent upon a separate enhanced consequence provision.

Meaning of Abetment

For IPC purposes, abetment was principally governed by Section 107 IPC. Broadly, a person could abet the doing of a thing by instigating another person to do it, engaging in a conspiracy for doing it where an act or illegal omission took place in pursuance of that conspiracy, or intentionally aiding the doing of it by an act or illegal omission.

Essential Ingredients of Section 135 IPC

There must be abetment of desertion.
The person whose desertion is abetted must be an officer, soldier, sailor or airman covered by the provision.
That person must belong to the Army, Navy or Air Force of the Government of India.
The prosecution must establish the ingredients of abetment applicable to the alleged conduct.

Punishment and Classification Before BNS

Offence	Abetment of desertion of an officer, soldier, sailor or airman
Punishment	Imprisonment of either description up to 2 years, or fine, or both
Cognizable	Yes
Bailable	Yes
Triable by	Any Magistrate

Under the First Schedule to the Code of Criminal Procedure, 1973, the Section 135 IPC offence was classified as cognizable and bailable and was triable by any Magistrate.

Related IPC Provisions

Section 135 should be read in the context of the neighbouring provisions dealing with armed-forces offences. Section 131 IPC dealt with abetting mutiny or attempting to seduce service personnel from allegiance or duty. Section 133 IPC dealt with abetment of assault on a superior officer, while Section 136 IPC dealt with harbouring a deserter.

Historical Amendment Notes

The statutory wording reflected amendments made by Act 10 of 1927, section 2 and the First Schedule, including substitution of references concerning sailors and the Navy. The Adaptation of Laws Order, 1950 substituted the reference to the Government of India for the earlier reference to the Crown.

Key Point

Section 135 IPC specifically criminalised abetment of desertion by specified armed-forces personnel. Before the commencement of the new criminal codes, the maximum punishment was two years' imprisonment, or fine, or both, and the offence was cognizable and bailable.