Section 136 IPC - Harbouring Deserter
Section 136 of the Indian Penal Code, 1860 dealt with knowingly harbouring, or harbouring with reason to believe, that an officer, soldier, sailor or airman of the Army, Navy or Air Force of the Government of India had deserted.
Text of Section 136 IPC
136. 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 a wife to her husband.
Meaning and scope of Section 136 IPC
The provision targeted assistance in the form of harbouring a person who had deserted from the armed forces. Liability did not arise merely because a deserter happened to be present. The section expressly required the person harbouring the deserter to know, or have reason to believe, that the officer, soldier, sailor or airman had deserted.
Essential ingredients
- The person harboured must be an officer, soldier, sailor or airman in the Army, Navy or Air Force of the Government of India.
- That person must have deserted.
- The accused must harbour that deserter.
- At the relevant time, the accused must know or have reason to believe that the person has deserted.
- The statutory wife-to-husband exception must not apply.
Knowledge or reason to believe
Section 136 used the expression "knowing or having reason to believe." The prosecution therefore had to establish the required state of knowledge or reason for belief concerning the person's status as a deserter. This mental element distinguishes punishable harbouring under the section from innocent accommodation given without such knowledge or reason to believe.
Exception for harbour by wife to husband
The section contained an express exception where the harbour was given by a wife to her husband. In that situation, Section 136 itself stated that the provision did not extend to the harbouring conduct.
Punishment under Section 136 IPC
| Offence | Harbouring an officer, soldier, sailor or airman who has deserted, with the required knowledge or reason to believe |
|---|---|
| Maximum punishment | Imprisonment of either description up to two 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 offence under Section 136 IPC was classified as cognizable and bailable and was triable by any Magistrate.
Section 135 and Section 136 IPC
Section 135 IPC dealt with abetment of desertion, whereas Section 136 dealt with harbouring a person who had deserted. The provisions therefore addressed different forms of conduct connected with desertion.
Historical amendment notes
1. The words referring to "sailor or airman" were substituted by Act 10 of 1927, section 2 and the First Schedule, for the earlier wording "or sailor".
2. The reference to "Navy or Air Force" was substituted by Act 10 of 1927, section 2 and the First Schedule, for "or Navy".
3. The words "Government of India" replaced the former reference to "Queen" by the Adaptation of Laws Order, 1950.
Related IPC provisions
Section 136 formed part of Chapter VII of the IPC dealing with offences relating to the Army, Navy and Air Force. Nearby provisions addressed abetment of mutiny, assault on a superior officer, desertion, concealment of a deserter aboard a merchant vessel and insubordination.