Bharatiya Nyaya Sanhita, 2023
Section 165
Deserter concealed on board merchant vessel through negligence of master
The master or person in charge of a merchant vessel, on board of which any deserter from the Army, Navy or Air Force of the Government of India is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding three thousand rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.
Why this exists
This provision (carried forward from Section 137 of the old Indian Penal Code) was designed to stop merchant vessels from becoming easy escape routes for soldiers, sailors, or airmen deserting the armed forces. Rather than requiring proof that the master knowingly hid a deserter, the law places a duty of vigilance on him: if lax supervision or poor discipline aboard the ship allowed the deserter to stay hidden, the master bears responsibility, encouraging masters to run tight, disciplined ships.
Common misconceptions
- Myth: The master can only be punished if he knowingly helped the deserter hide.
Fact: The law says the master can be fined even while genuinely unaware of the concealment, if his own negligence or lack of shipboard discipline is why he didn't find out. - Myth: This provision allows for serious criminal punishment like imprisonment.
Fact: It only allows for a monetary penalty, capped at three thousand rupees.