BNS Section 165

BNS section 165 addresses the offense of a deserter from the Indian Army, Navy, or Air Force being concealed on a merchant vessel.
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.

BNS-165: Deserter Concealed on Board Merchant Vessel Through Negligence of Master

Key Points:
 

1. Definition of Concealment:
    

   • Concealment refers to the act of hiding or shielding someone, in this case, a military deserter, from detection or capture.
      

2. Applicable Individuals:
    

   • This provision applies specifically to the master or person in charge of a merchant vessel. The law holds them accountable for the actions occurring on their ship, particularly regarding any military deserters hidden onboard.
      

3. Scope of Liability:
    

   • The master can be held liable even if they are ignorant of the deserter's presence. However, liability arises if the master could have known about the concealment but failed to do so due to:
      

     • Neglect of Duty: A failure to perform the responsibilities expected of the master or person in charge.
        

     • Lack of Discipline: Poor management or order on the vessel that allows such concealment to happen unnoticed.
        

4. Penalty:
    

   • The maximum penalty for this offense is a fine not exceeding three thousand rupees. This emphasizes the seriousness of the neglect in a military context.
      

5. Military Context:
    

   • The law aims to uphold military discipline by discouraging harboring deserters, thereby reinforcing the responsibilities of those in charge of transport vessels.

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