Bailabel Type : bailable

Description

Introduction

The armed forces of a nation rely on the loyalty, discipline, and commitment of their personnel to function effectively. Desertion, or the act of abandoning duty without permission, is a serious military offense that can weaken national security and disrupt military operations. Recognizing the threat posed by desertion, Section 135 of the Indian Penal Code (IPC), 1860, makes it a criminal offense to abet (encourage or assist) a soldier, sailor, or airman in deserting their duty.

By criminalizing abetment, this law ensures that no individual—whether civilian or military—can influence armed forces personnel to abandon their responsibilities. This helps maintain the integrity and operational readiness of the Army, Navy, and Air Force.

Understanding Section 135 IPC

Key Elements of the Offense

To be charged under Section 135 IPC, the following conditions must be met:

1. The accused must have abetted (instigated or facilitated) desertion – The law applies to those who encourage, assist, or aid a military personnel in deserting their duty.
2. The person deserting must be a soldier, sailor, or airman – The offense specifically involves active personnel of the Army, Navy, or Air Force.
3. The act must amount to desertion – Simply leaving a post temporarily (without intent to abandon service) may not qualify; the soldier must permanently or indefinitely leave their duty without permission.

What is Desertion?

Desertion refers to the act of intentionally abandoning military duty without the intention of returning. It is different from absence without leave (AWOL), where a soldier leaves but intends to return.

A soldier, sailor, or airman is considered a deserter if they:

• Abandon their post without orders and do not return.
• Leave their unit to avoid deployment in war or conflict.
• Flee from duty with the intention of never returning.
• Join a foreign army or anti-government force after leaving their post.

Punishment

Punishment Under Section 135 IPC

The punishment for abetting desertion is:

1. Imprisonment for up to 2 years
2. Fine (amount decided by the court)
3. Both imprisonment and fine