Section 38 of AA 1950 : Section 38: Desertion And Aiding Desertion

Explanation using Example

Imagine a scenario where a soldier, who is part of the Indian Army and therefore subject to The Army Act, 1950, decides to leave his post without permission with the intention of not returning. This is considered desertion. If the soldier does this while his unit is on active service or preparing to enter active service, and he is caught and convicted by a court-martial, he could face the death penalty or a lesser punishment according to the Act. If he wasn't on active service when he deserted, the maximum punishment he could face would be imprisonment for up to seven years.

Now, if another soldier knows about the first soldier's desertion and decides to help him by providing shelter, this act of harboring a deserter is also an offense. If caught and convicted, the soldier who provided shelter could be imprisoned for up to seven years.

Lastly, if a third soldier becomes aware of the desertion but neither reports it to a superior officer nor takes any action to apprehend the deserter, this inaction is punishable too. If convicted, this third soldier could be sentenced to imprisonment for up to two years.