Indian Penal Code, 1860
Section 135
repealedAbetment of desertion of soldier, sailor or airman
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.
Why this exists
This provision comes from colonial-era law aimed at protecting the discipline and integrity of the armed forces. Desertion weakens military strength and morale, so the law was extended to punish not just deserters themselves (covered under military law) but also civilians or others who abet or encourage such desertion, ensuring third parties cannot undermine the forces without consequence.
Common misconceptions
- Myth: Only the soldier who deserts can be punished, not anyone who helps them.
Fact: The law also punishes people who abet or assist in the desertion, even if they are civilians.