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Section 165: Deserter Concealed on Board Merchant Vessel

Bharatiya Nyaya Sanhita • Chapter VII: Of Offences Against the State & Armed Forces • Official Statutory Text & Legal Guide

Chapter VII: Of Offences Against the State & Armed Forces
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 137 IPC
Section 164 All 358 Sections of Bharatiya Nyaya Sanhita Section 166

Legal Commentary & Landmark Judgments: Section 165

Section 165 penalizes the master or person in charge of a merchant vessel on board of which any deserter from the Army, Navy, or Air Force of India is concealed, prescribing a fine extending up to one thousand rupees if caused by negligence.

  • Maritime Vessel Responsibility: Applies to captains, masters, and persons in charge of commercial merchant ships.
  • Concealment on Board: A military deserter is found concealed on board the vessel.
  • Negligent Failure to Inspect: Penalizes the master if they knew of the concealment, or if with ordinary care they might have known of it (formerly Section 137 IPC).
Key Landmark Precedents:
  • Syad Akbar v. State of Karnataka (1980) 1 SCC 30: Examined statutory standards of ordinary care and maritime prudence under penal provisions.
  • Empress v. Moorga Chetty (1881) ILR 5 Bom 338: Affirmed regulatory duties of merchant captains within Indian territorial waters.
Courtroom Practice & Strategic Litigation Guidance:

When representing ship captains charged under Section 165 BNS after a stowaway was discovered, produce the vessel's pre-departure stowaway search logs and security manifests to establish that ordinary care was observed.

Section 164 All 358 Sections of Bharatiya Nyaya Sanhita Section 166