Legal Provisions of Section 135 of Indian Penal Code, 1860.
Abetment of desertion of soldier, sailor or airman:
The section deals with the liability of an abettor of desertion. It says that whoever commits abetment of desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both. The section nowhere says that desertion in consequence of the abetment must take place.
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ADVERTISEMENTS:
Whoever
The word ‘whoever’ should be read subject to what has been provided in section 139 of the Code.
Abets
ADVERTISEMENTS:
The word ‘abets’ should be understood in the sense given under section 107 of the Code.
Desertion
The word ‘desertion’ has not been defined under the Code. But it may mean absence from duty of such a person as stated in this section who has no intention of returning to the job to rejoin his duties. If he has proceeded on leave and overstays without further extension it is a case of absence from duty without leave. But once he so overstays without any intention to rejoin his duties, his doing so becomes unlawful, and he becomes a deserter.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first or second class.