Section 165 BNS: Deserter concealed on board merchant vessel through negligence of master

Bharatiya Nyaya Sanhita, 2023

Section 165 BNS at a Glance

Section 165 BNS deals with deserter concealed on board merchant vessel through negligence of master. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 137 IPC on 1 July 2024.

Punishment

No imprisonment is prescribed.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 137 →

Section 165 BNS Bare Act Text

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.

Source: Section 165, Bharatiya Nyaya Sanhita, 2023

Section 165 BNS in Simple Words

Section 165 of the Bharatiya Nyaya Sanhita (BNS) deals with a specific situation in shipping law. It applies when a deserter from the Army, Navy or Air Force of the Government of India is concealed on board a merchant vessel, and the master or person in charge of the vessel, though ignorant of the concealment, might have known of it but for some neglect of his duty or some want of discipline on board the vessel. The law is aimed at negligence and lack of shipboard discipline, not deliberate harbouring.

If the master or person in charge could not have known of the concealment despite fulfilling his duty and maintaining proper discipline on board, liability does not arise. In practice, this section matters because merchant vessels carry crew, passengers, and cargo where a deserter might hide if proper checks and discipline are lacking.

Where such neglect of duty or want of discipline allows a deserter to remain concealed on board unknown to the master or person in charge, this section imposes a penalty of up to three thousand rupees.

Ingredients of Section 165 BNS

  • The master or person in charge of a merchant vessel
  • A deserter from the Army, Navy or Air Force of the Government of India concealed on board that vessel
  • The master was ignorant of the concealment
  • He might have known of it but for neglect of his duty or want of discipline on board of the vessel
  • A penalty not exceeding three thousand rupees

Punishment Under Section 165 BNS

Imprisonment

No imprisonment is prescribed.

Fine

The master or person in charge is liable to a penalty not exceeding three thousand rupees.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

The penalty for a deserter concealed on board a merchant vessel through the negligence of the master or person in charge is up to three thousand rupees, with no imprisonment.

Example of Section 165 BNS

A deserter from the Army hides in a store room of a merchant vessel and the master does not know that he is on board. The master had neglected his duty as master, and but for that neglect he might have known of the concealment. The master is liable under Section 165 BNS although he was ignorant of it.

When Section 165 BNS Does Not Apply

  • No deserter from the Army, Navy or Air Force of the Government of India was concealed on board
  • The vessel was not a merchant vessel
  • The accused was neither the master nor the person in charge of the vessel
  • The master's ignorance of the concealment was not owing to any neglect of his duty or any want of discipline on board of the vessel
  • The accused knew or had reason to believe that the person had deserted and harboured him, which is punished under Section 164 BNS

Section 165 BNS in the IPC (Previous Law)

Section 165 BNS replaces Section 137 IPC from the old criminal code.

Section 137 IPC is now Section 165 BNS, with the same title and the same words. The one change is the upper limit of the penalty, which rises from five hundred rupees to three thousand rupees.

View IPC Section 137 →

FAQs on Section 165 BNS

Who can be punished under Section 165 BNS?▼

Only the master or person in charge of a merchant vessel is covered. The section does not apply to other crew members or passengers.

Does Section 165 BNS require intentional help to the deserter?▼

No. This section applies when the master or person in charge is ignorant of the concealment, if he might have known of it but for some neglect of his duty or some want of discipline on board the vessel.

Under Section 165 BNS, what does neglect of duty or want of discipline mean in practice?▼

It means carrying out the checks and maintaining the shipboard order expected of a master or person in charge of a merchant vessel, so that a deserter cannot remain hidden on board through neglect of duty or lack of discipline.

Is there any jail term under Section 165 BNS?▼

No imprisonment is prescribed here. The master or person in charge is liable only to a monetary penalty not exceeding three thousand rupees.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·