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KembaraXtra - Bharatiya Nyaya Sanhita - Section 165 - Deserter Concealed on Board Merchant Vessel Through Negligence of Master
Introduction
Section 165 of the Bharatiya Nyaya Sanhita, 2023, addresses the liability of the master or person in charge of a merchant vessel when a deserter from the Army, Navy or Air Force of the Government of India is concealed on board.
The provision applies where the person responsible for the vessel is unaware of the deserter’s concealment but could have discovered it by properly performing their duties or maintaining adequate discipline on board.
It therefore imposes a monetary penalty for negligence or lack of discipline that allows the concealment of a deserter to go undetected.
Meaning of Section 165
Under Section 165, the master or person in charge of a merchant vessel may be held liable if a deserter from the Army, Navy or Air Force of the Government of India is concealed on that vessel.
The master or person in charge may incur liability even without actual knowledge of the deserter’s presence.
However, the provision applies only where the concealment could have been discovered if the person responsible had not neglected their duties or if proper discipline had been maintained on board.
Thus, the section does not impose liability merely because a deserter is found on a merchant vessel. There must also be neglect of duty or a lack of discipline that prevented the concealment from being discovered.
Essential Ingredients of Section 165
1. The Person Must Be the Master or Person in Charge of a Merchant Vessel
The provision applies to the master or another person entrusted with responsibility for a merchant vessel.
The liability is specifically attached to the person responsible for the vessel’s management or supervision.
2. A Deserter Must Be Concealed on Board
A deserter must be concealed on the merchant vessel.
The deserter must belong to the Army, Navy or Air Force of the Government of India.
3. Actual Knowledge Is Not Necessary
The master or person in charge may be liable even if they are unaware that the deserter is concealed on board.
The provision expressly recognises liability despite ignorance of the concealment.
4. Neglect of Duty Must Have Prevented Discovery
Liability may arise where the master or person in charge could have discovered the deserter’s concealment but failed to do so because of neglect in performing their duties.
The relevant consideration is whether the concealment would have been known if those duties had been properly discharged.
5. Lack of Discipline on Board May Also Give Rise to Liability
The provision also covers situations where the concealment could have been discovered but for a lack of discipline on board the vessel.
Accordingly, liability may arise from either neglect of duty or inadequate discipline on the merchant vessel.
Punishment Under Section 165
A person found liable under Section 165 may be subjected to a monetary penalty not exceeding ₹3,000.
The supplied statutory provision does not prescribe imprisonment.
Maximum Penalty: ₹3,000.
Classification of the Offence
According to the classification supplied:
Nature of Offence: Non-Cognizable.
Bail: Bailable.
Triable By: Any Magistrate.
Commentary
Section 165 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 137 of the Indian Penal Code, 1860.
According to the supplied commentary, the language of the provision remains unchanged.
However, the commentary indicates that the penalty has been modified.
The final portion of the supplied commentary is incomplete and does not specify the earlier penalty or fully explain the modification.
The statutory text provided prescribes a maximum penalty of ₹3,000.
Key Takeaway
Section 165 imposes liability on the master or person in charge of a merchant vessel when a deserter from the Army, Navy or Air Force of the Government of India is concealed on board and the concealment could have been discovered but for neglect of duty or inadequate discipline.
Actual knowledge of the concealment is not necessary, but the statutory conditions concerning neglect of duty or lack of discipline must be satisfied.
The maximum penalty is ₹3,000.
The offence is non-cognizable, bailable and triable by any Magistrate.
IPC Equivalent: Section 137 IPC.
Final Memory Formula:
SECTION 165 = MERCHANT VESSEL + CONCEALED DESERTER FROM THE INDIAN ARMED FORCES + MASTER OR PERSON IN CHARGE + NEGLECT OF DUTY OR LACK OF DISCIPLINE PREVENTING DISCOVERY = PENALTY UP TO ₹3,000.
