Section Overview
Section Number:
IPC Section 135
Section Title:
Abetment of Desertion of Soldier, Sailor or Airman
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under the Bharatiya Nyaya Sanhita (BNS), 2023
Applicability:
IPC Section 135 applies when:
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A person abets desertion by military personnel.
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The person being induced is an officer, soldier, sailor, or airman.
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The individual belongs to the Army, Navy, or Air Force of the Government of India.
The section focuses on protecting the armed forces from unlawful loss of personnel through external influence or encouragement.
Original Law Text
"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."
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 135 ka simple matlab hai:
Agar koi vyakti Army, Navy ya Air Force ke kisi member ko apni duty chhodkar bhagne ya permanently service se door rehne ke liye uksata hai, to us par IPC Section 135 lag sakta hai.
Simple words mein:
"Military personnel ko service chhodne ke liye bhadkana crime hai."
Legal Definition
The section punishes any person who:
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Abets desertion,
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Of an officer, soldier, sailor, or airman,
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Serving in the armed forces of India.
Actual desertion is not always necessary; the offence focuses on the act of abetment itself.
Practical Interpretation
Military organizations depend heavily on:
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Discipline,
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Availability of personnel,
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Operational readiness,
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Loyalty to service.
If people are allowed to encourage military personnel to abandon their duties, defence capabilities may be weakened.
Therefore, the law criminalizes such conduct.
Essential Ingredients of IPC Section 135
Abetment
The accused must:
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Instigate,
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Conspire,
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Intentionally aid,
the act of desertion.
Military Personnel
The person being influenced must be:
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An officer,
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Soldier,
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Sailor,
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Airman.
Desertion
The act encouraged must amount to desertion under military law.
Meaning of Desertion
Desertion generally means:
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Abandoning military service,
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Leaving duty without authorization,
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Intending not to return,
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Evading military obligations permanently.
It is more serious than temporary absence without leave.
Meaning of Abetment
Under IPC principles, abetment may occur through:
Instigation
Encouraging a military member to desert.
Conspiracy
Planning desertion with military personnel.
Intentional Aid
Providing money, shelter, transport, documents, or assistance.
Why IPC Section 135 Was Introduced?
The legislature recognized that:
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Military strength depends on disciplined personnel.
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Desertion can weaken defence preparedness.
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External influences may encourage abandonment of duty.
The provision therefore acts as a deterrent against interference with military service.
Importance for National Security
Every member of the armed forces performs a critical role.
Large-scale desertion can:
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Affect military operations,
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Reduce troop strength,
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Endanger missions,
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Compromise national defence.
Therefore, even encouraging desertion is treated as a criminal offence.
Difference Between Desertion and Mutiny
Desertion
Leaving military service without authority.
Mutiny
Rebellion against military authority.
Both threaten military discipline but are distinct offences.
Military Discipline Perspective
The armed forces function effectively because personnel:
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Follow orders,
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Remain at assigned posts,
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Fulfil operational responsibilities.
Desertion undermines all these objectives.
Examples of Abetment
Acts that may amount to abetment include:
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Persuading a soldier to leave service permanently.
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Arranging secret transportation.
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Providing forged documents.
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Offering money to abandon military duty.
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Assisting in hiding from authorities.
Role of Intention
The prosecution must prove:
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Intentional encouragement,
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Knowledge of military status,
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Deliberate assistance.
Mere friendship or casual conversation is insufficient.
Punishment & Legal Classification
Punishment
IPC Section 135 provides:
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Imprisonment up to 2 years, or
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Fine, or
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Both.
Bailable / Non-Bailable
Generally Bailable.
Cognizable / Non-Cognizable
Generally Cognizable.
Compoundable
Non-Compoundable.
Triable By
Any Magistrate having jurisdiction.
IPC ↔ BNS Mapping
IPC Section
IPC Section 135
BNS Equivalent
The Bharatiya Nyaya Sanhita continues to protect military discipline and penalize conduct encouraging desertion from the armed forces.
Status
IPC repealed and replaced by BNS.
The underlying principle remains substantially retained.
Real-Life Examples
Example 1: Encouraging a Soldier to Flee
A civilian repeatedly convinces a soldier to abandon military service and never return.
The civilian may be prosecuted under Section 135.
Example 2: Providing Financial Support
An individual provides money and transportation to help an airman escape military duty permanently.
Section 135 may apply.
Example 3: Assisting Concealment
A person hides a sailor knowing that he deserted military service.
Evidence of prior encouragement may attract liability.
Landmark Judgments
Case Name:
State of Maharashtra v. Som Nath Thapa
Court:
Supreme Court of India
Key Takeaway:
The Court discussed principles governing abetment, criminal intention, and participation.
Case Name:
Kehar Singh v. State (Delhi Administration)
Court:
Supreme Court of India
Key Takeaway:
The judgment emphasized proof of intentional involvement in offences based on abetment.
Case Name:
Jamuna Singh v. State of Bihar
Court:
Supreme Court of India
Key Takeaway:
The Court clarified important principles relating to abetment under the IPC.
Legal Insights
When Is This Section Applied?
Section 135 is applied when:
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Military personnel are encouraged to desert.
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Assistance is provided for desertion.
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Authorities discover deliberate instigation.
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Evidence shows intentional encouragement.
Common Misuse Scenarios
No Intentional Abetment
The accused may not have intended desertion.
Mere Friendship
Helping a friend without knowledge of desertion may not constitute abetment.
Lack of Knowledge
The accused may not know the person belongs to the armed forces.
False Allegations
Individuals may be wrongly accused of encouraging desertion.
Defenses Available
No Abetment
No instigation, conspiracy, or assistance occurred.
Lack of Knowledge
The accused did not know the person was military personnel.
No Intention
There was no intention to encourage desertion.
Insufficient Evidence
The prosecution cannot establish participation.
False Implication
The allegations are unsupported by reliable evidence.