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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date.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.
Legal Provision — Text of Section 135 IPC
This section must be read alongside Section 107 (definition of abetment), Section 136 (harbouring a deserter), and the broader group of provisions in Chapter VII addressing mutiny (Sections 131-132) and assault on superior officers (Sections 133-134), which together form a comprehensive scheme addressing threats to military discipline and order.
Punishment Under Section 135
| Imprisonment | Imprisonment of either description (simple or rigorous) for a term which may extend to 2 years |
|---|---|
| Fine | Or with fine, or with both imprisonment and fine |
| Nature of Offence | Cognizable — police can register an FIR and investigate without a warrant |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Not compoundable |
| Triable By | Any Magistrate |
| Related Provisions | Section 107 (definition of abetment), Section 136 (harbouring a deserter), Sections 131-132 (abetment of mutiny) |
Key Ingredients / Essential Elements
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.
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.
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
If You Have Information About Abetted Desertion
- Such matters are typically reported to military authorities in addition to civilian police, given the coordinated jurisdiction over military discipline matters.
- Provide detailed information regarding the nature of the abetment and the individual(s) involved.
- Cooperate with the relevant military and civilian investigative processes as required.
If You Are Accused Under Section 135
- Since the offence is bailable, bail can typically be secured without significant difficulty.
- 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.
- Consult a criminal lawyer familiar with both civilian criminal procedure and the interaction with military disciplinary processes, given the specialized nature of this offence.
FIR & Bail Process Under Section 135
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.
Investigation
Investigation focuses on establishing the specific acts constituting abetment and the identity and role of the accused.
Bail
Being bailable, the accused is entitled to bail as a matter of right.
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
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.
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.