IPC Section 137 and BNS Section 165: Deserter Concealed on a Merchant Vessel
The law addresses negligent concealment of a deserter from the Indian armed forces aboard a merchant vessel. For conduct governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), Section 165 provides a penalty of up to Rs 3,000, replacing the former Rs 500 limit in Section 137 of the Indian Penal Code, 1860 (IPC).
What does BNS Section 165 provide?
Section 165 of the Bharatiya Nyaya Sanhita, 2023, titled Deserter concealed on board merchant vessel through negligence of master, applies where a deserter from the Army, Navy or Air Force of the Government of India is concealed aboard a merchant vessel. The master or person in charge may be liable even without actual knowledge, if the concealment could have been discovered but for neglect of duty or lack of discipline aboard the vessel.
The maximum statutory penalty is three thousand rupees. Section 165 does not itself prescribe imprisonment.
Earlier law: IPC Section 137
Under Section 137 of the Indian Penal Code, 1860, the master or person in charge of a merchant vessel carrying a concealed deserter could be liable, despite being unaware of the concealment, if proper performance of duties or adequate shipboard discipline would have revealed it. The penalty under the earlier section was not exceeding five hundred rupees.
For events occurring before 1 July 2024, the applicable law and any saving or transitional provisions must be considered. The BNS came into force on 1 July 2024 and replaced the IPC prospectively, subject to applicable savings.
Essential ingredients of the offence
- Merchant vessel: A deserter is concealed aboard a merchant vessel.
- Armed forces connection: The concealed person is a deserter from the Army, Navy or Air Force of the Government of India.
- Responsible person: The person proceeded against is the master or person in charge of that vessel.
- Negligence or want of discipline: The concealment could have been discovered had the person performed their duties properly or maintained appropriate discipline aboard.
Meaning of key legal expressions
Deserter: A person who has deserted service in the relevant armed force. Whether desertion occurred is determined under the applicable service law and facts.
Master or person in charge: The individual responsible for the merchant vessel's command or management in the relevant circumstances.
Neglect of duty: A failure to discharge relevant responsibilities where proper performance could have exposed the concealment.
Want of discipline: Inadequate order or discipline on board that prevented discovery of the concealed deserter.
Punishment and procedural classification
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence under BNS Section 165 has the following classification:
| Item | Position under BNS / BNSS |
|---|---|
| Maximum punishment | Fine up to Rs 3,000 |
| Cognizability | Non-cognizable |
| Bail | Bailable |
| Trial court | Any Magistrate |
A non-cognizable classification generally requires the procedure applicable to non-cognizable cases; it should not be treated as automatic authority to arrest without a warrant. The procedural position depends on the governing law and facts.
IPC Section 137 and BNS Section 165: Key provisions
| Aspect | IPC Section 137 | BNS Section 165 |
|---|---|---|
| Subject | Deserter concealed aboard merchant vessel through negligence of master | Same subject |
| Maximum monetary penalty | Rs 500 | Rs 3,000 |
| Liability without actual knowledge | Possible where neglect or want of discipline prevented discovery | Same statutory principle |
| Applicable period | Earlier IPC regime, subject to savings | From 1 July 2024 |
Illustrative example
A person who deserted the Indian Navy hides in a merchant ship's restricted storage area. The master does not know the person is aboard. Evidence shows that routine inspections required by the master's duties were repeatedly neglected and would otherwise have revealed the concealment. Depending on proof of the statutory requirements, Section 165 may apply even though the master lacked actual knowledge.
If reasonable duties were properly discharged and the concealment could not have been discovered through appropriate discipline, the necessary negligence-related element may be absent. Each case depends on its evidence.
Related armed forces offences
IPC Section 136 (harbouring deserter), corresponding to BNS Section 164, concerns knowing or reasonably suspected harbouring, subject to its statutory exception. IPC Section 135 (abetment of desertion), corresponding to BNS Section 163, deals with encouraging or assisting desertion. These provisions are distinct from the negligence-based liability of a merchant vessel's master under Section 165.
Frequently asked questions
What is BNS Section 165?
It penalises the master or person in charge of a merchant vessel where a deserter from the Indian Army, Navy or Air Force is concealed and the concealment could have been discovered but for neglect of duty or lack of discipline aboard.
What is the maximum penalty under BNS Section 165?
The statutory penalty is a fine not exceeding Rs 3,000. The section does not prescribe imprisonment.
Is BNS Section 165 cognizable and bailable?
The BNSS First Schedule classifies it as non-cognizable and bailable, triable by any Magistrate.
Does the master need to know that a deserter is on board?
No. The section expressly covers ignorance where the master or person in charge could have known but for neglect of duty or want of discipline aboard.
What was the penalty under IPC Section 137?
IPC Section 137 provided a penalty not exceeding Rs 500. BNS Section 165 raises that limit to Rs 3,000.
Official statutory sources
- National Crime Records Bureau: Bharatiya Nyaya Sanhita provisions
- National Crime Records Bureau: BNSS First Schedule
- Bureau of Police Research and Development: BNS and IPC correspondence
- Government of India: Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF)
Legal information only. Consult the current official enactment, amendments, jurisdiction-specific provisions and qualified legal counsel for individual matters.