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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

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 165 BNS
Deserter Concealed on Board Merchant Vessel
 Penalty not exceeding ₹500. Bailable Non-Cognizable Any Magistrate Formerly Sec 137 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

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