Section 135 of Indian Penal Code, 1860 – Explained!


The word ‘whoever’ should be read subject to what has been provided in section 139 of the Code.


The word ‘abets’ should be understood in the sense given under section 107 of the Code.


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.

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