Section 137 IPC: Deserter concealed on board merchant vessel through negligence of master

Indian Penal Code, 1860

Section 137 IPC at a Glance

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

Punishment

No imprisonment is prescribed.

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

Section 165 →

Section 137 IPC Bare Act Text

137. 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 five hundred 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 137, Indian Penal Code, 1860

Section 137 IPC in Simple Words

Section 137 of the Indian Penal Code (IPC) makes the master or person in charge of a merchant vessel liable to a penalty not exceeding five hundred rupees where a deserter from the Army, Navy or Air Force of the Government of India is concealed on board. The master is liable though he was ignorant of the concealment, if he might have known of it but for some neglect of his duty as master or person in charge, or but for some want of discipline on board of the vessel.

No imprisonment is prescribed. The offence is non-cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 137 IPC

  • The accused was the master or person in charge of a merchant vessel
  • A deserter from the Army, Navy or Air Force of the Government of India was concealed on board that vessel
  • The accused was ignorant of the concealment
  • He might have known of the concealment but for some neglect of his duty as master or person in charge, or but for some want of discipline on board of the vessel

Punishment Under Section 137 IPC

Imprisonment

No imprisonment is prescribed.

Fine

The master or person in charge is liable to a penalty not exceeding five hundred rupees.

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

The penalty for a deserter concealed on board a merchant vessel is up to five hundred rupees, with no imprisonment.

Example of Section 137 IPC

In 2017, at Mangaluru port, Nikhil, a deserter from the Air Force of the Government of India, slipped aboard a merchant vessel and remained concealed inside a lower cargo bay. Devendra, the person in charge of the merchant vessel, was ignorant of the concealment. However, Devendra had failed to conduct mandatory departure inspections and allowed a want of discipline on board of the vessel, but for which he might have known of the concealment. Devendra is liable to the penalty under Section 137 IPC.

When Section 137 IPC Does Not Apply

  • The person hiding on board the ship has not deserted from the Army, Navy or Air Force of the Government of India.
  • The ship on which the deserter is concealed is not a merchant vessel.
  • The person accused is a crew member or passenger who is neither the master nor the person in charge of the merchant vessel.
  • The master or person in charge remained unaware of the deserter's concealment despite fulfilling all duties and maintaining proper discipline on board.

Section 137 IPC in the BNS

Section 137 IPC is now covered under Section 165 BNS.

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 detailed comparison (IPC 137 vs BNS 165) →

FAQs on Section 137 IPC

What does Section 137 IPC provide?▼

It makes the master or person in charge of a merchant vessel liable to a penalty where a deserter from the Army, Navy or Air Force of the Government of India is concealed on board.

What is the punishment under Section 137 IPC?▼

A penalty not exceeding five hundred rupees. The section prescribes no imprisonment.

Under Section 137 IPC, is the master liable if he did not know of the concealment?▼

Yes, if he might have known of it but for some neglect of his duty as master or person in charge, or but for some want of discipline on board of the vessel.

Who is liable under Section 137 IPC?▼

The master or person in charge of the merchant vessel.

How does Section 137 IPC differ from Section 136 IPC?▼

Section 136 IPC punishes harbouring an officer, soldier, sailor or airman whom the harbourer knows or has reason to believe has deserted, with imprisonment of up to two years, or fine, or both. Section 137 IPC needs no such knowledge and carries only a penalty.

Is an offence under Section 137 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 137 IPC?▼

Any Magistrate.

Can an offence under Section 137 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 137 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 165 BNS, where the upper limit of the penalty is 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, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·