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IPC 135

IPC Section 135 – Abetment of Desertion of Soldier, Sailor, or Airman | Bail, FIR & Free Legal Consultation
Section 135 · Indian Penal Code

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

Section 135 of the Indian Penal Code punishes abetting the desertion of any officer, soldier, sailor, or airman serving in the Army, Navy, or Air Force of the Government of India. This provision addresses a critical concern for military discipline — encouraging or assisting a member of the armed forces to abandon their post or duty without authorization — and applies regardless of whether the desertion is actually carried out, since abetment alone is sufficient to attract liability.

Punishment: Up to 2 Years or Fine or Both
Cognizable: Yes
Bailable: Yes
Compoundable: No
BNS 2023 equivalent: Section 163
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Quick Answer: What Does Section 135 Mean?

In simple terms, Section 135 punishes anyone who abets (instigates, conspires with, or intentionally assists) the desertion of a member of India's armed forces — whether an officer, soldier, sailor, or airman. Unlike the mutiny-abetment provisions (Sections 131-132), which distinguish based on whether the abetted act actually occurs, Section 135's punishment applies to the act of abetting desertion itself, without requiring proof that the desertion was actually carried out as a result. This reflects the serious view the law takes of any attempt to undermine military discipline by encouraging personnel to abandon their duties, even where such efforts do not ultimately succeed.

Applies to abetting the desertion of any member of the Army, Navy, or Air Force
Covers officers, soldiers, sailors, and airmen alike
Punishable with up to 2 years' imprisonment, or fine, or both
Cognizable and bailable, tried by any Magistrate

What is IPC Section 135?

IPC Section 135 falls within Chapter VII of the Indian Penal Code ("Of Offences Relating to the Army, Navy and Air Force"), a specialized chapter addressing offences connected to India's armed forces, given the paramount importance of military discipline and readiness. This section specifically targets the abetment of desertion — encouraging, conspiring with, or intentionally assisting a member of the armed forces to unlawfully abandon their military service or duty.

Unlike Section 132 (abetment of mutiny, which requires proof that the mutiny was actually committed in consequence of the abetment, and carries a vastly higher punishment), Section 135's offence is complete upon the act of abetment itself, regardless of whether the desertion is actually carried out. This structural choice reflects a somewhat different legislative calculus for desertion compared to mutiny — while mutiny represents a more acute, collective threat to military order and command, individual desertion, while still a serious concern, is treated with a comparatively more moderate maximum punishment for the abetment offence.

Important Update: IPC to BNS Transition

With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 135 IPC now corresponds to Section 163 of the BNS, which retains the identical definition and punishment structure without substantive change. FIRs registered before 1 July 2024 continue to be tried under IPC 135; incidents after that date are registered under the corresponding BNS provision.

Punishment Under Section 135

ImprisonmentImprisonment of either description (simple or rigorous) for a term which may extend to 2 years
FineOr with fine, or with both imprisonment and fine
Nature of OffenceCognizable — police can register an FIR and investigate without a warrant
Bailable / Non-BailableBailable — bail is a matter of right
CompoundableNot compoundable
Triable ByAny Magistrate
Related ProvisionsSection 107 (definition of abetment), Section 136 (harbouring a deserter), Sections 131-132 (abetment of mutiny)

Key Ingredients / Essential Elements

1

Abetment of desertion

The accused must have abetted (instigated, conspired to bring about, or intentionally aided) an act of desertion, as understood under the definition of abetment in Section 107.

2

The desertion must relate to an officer, soldier, sailor, or airman

The provision applies to abetment of desertion by any member of the Army, Navy, or Air Force of the Government of India.

3

The desertion need not actually be carried out

Unlike the mutiny provisions, this section's punishment applies to the act of abetment itself, without requiring proof that the desertion actually occurred as a result.

What Should You Do — For Complainants and For the Accused

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If You Have Information About Abetted Desertion

  1. Such matters are typically reported to military authorities in addition to civilian police, given the coordinated jurisdiction over military discipline matters.
  2. Provide detailed information regarding the nature of the abetment and the individual(s) involved.
  3. Cooperate with the relevant military and civilian investigative processes as required.
📞 Talk to a Lawyer — Reporting Guidance
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If You Are Accused Under Section 135

  1. Since the offence is bailable, bail can typically be secured without significant difficulty.
  2. A key defence is to challenge whether the requisite mens rea for abetment (as defined under Section 107) is genuinely established — mere association or presence without active instigation or assistance does not suffice.
  3. Consult a criminal lawyer familiar with both civilian criminal procedure and the interaction with military disciplinary processes, given the specialized nature of this offence.
📞 Talk to a Lawyer — Defence Support

FIR & Bail Process Under Section 135

STEP 1

Filing the FIR

Being cognizable, the police are obligated to register an FIR upon receiving information about the abetted desertion, often in coordination with military authorities.

STEP 2

Investigation

Investigation focuses on establishing the specific acts constituting abetment and the identity and role of the accused.

STEP 3

Bail

Being bailable, the accused is entitled to bail as a matter of right.

STEP 4

Trial

The case is tried before any Magistrate, and being non-compoundable, must proceed through the full trial process.

Important / Landmark Cases on Section 135

General Judicial Interpretation

Abetment Sufficient Without Actual Desertion

Courts interpreting Section 135 have clarified that, unlike Section 132's requirement of an actual mutiny in consequence of abetment, this section's offence is complete upon the act of abetment itself — proof that the desertion was actually carried out is not a necessary element of the offence under Section 135.

Principle relied on: The structural distinction between Section 132 (requiring a completed mutiny) and Section 135 (requiring only abetment) reflects the differentiated legislative approach to the relative severity of mutiny and desertion offences within the armed forces.
General Judicial Interpretation

Application of General Abetment Principles

Courts have applied the general principles of abetment under Section 107 IPC — instigation, conspiracy, or intentional aid — to assess whether the specific conduct alleged under Section 135 genuinely constitutes abetment of desertion, rather than mere knowledge or passive association with a person who later deserts.

Principle relied on: The general definitional framework for abetment under Section 107 governs the interpretation of what conduct qualifies as "abetting" desertion under Section 135, requiring active instigation, conspiracy, or intentional assistance.

Frequently Asked Questions on Section 135

What exactly does IPC Section 135 punish?+
It punishes abetting the desertion of any officer, soldier, sailor, or airman of the Indian armed forces, with imprisonment up to 2 years, fine, or both.
Is Section 135 a bailable offence?+
Yes, it is bailable.
Can Section 135 cases be settled directly?+
No, it is a non-compoundable offence.
Does the desertion actually need to occur for this section to apply?+
No, the offence is complete upon the act of abetment itself, regardless of whether the desertion is actually carried out.
What is the difference between Section 135 and Section 132?+
Section 132 (abetment of mutiny) requires that the mutiny actually be committed in consequence of the abetment, carrying a much higher punishment; Section 135 (abetment of desertion) applies to the abetment itself, without requiring an actual desertion, and carries a lower maximum punishment.
What is the difference between abetting desertion and harbouring a deserter?+
Abetting desertion (Section 135) involves encouraging or assisting someone to desert; harbouring a deserter (Section 136) involves sheltering or concealing someone who has already deserted.
Does mere knowledge that someone intends to desert amount to abetment?+
No, abetment requires active instigation, conspiracy, or intentional assistance, as defined under Section 107 — mere knowledge or passive association is generally insufficient.
Which court tries a Section 135 case?+
Any Magistrate.
Is Section 135 often charged with other offences?+
Yes, potentially with Section 136 (harbouring a deserter) and relevant provisions of specialized military legislation.
Is Section 135 IPC still valid after the BNS came into force?+
IPC Section 135 continues for offences before 1 July 2024; after that, Section 163 BNS applies with the same punishment.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Please verify current provisions with a qualified advocate before taking any action.
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