Section 165 BNS: Deserter Concealed on Board Merchant Vessel Through Negligence of Master
Section 165 of the Bharatiya Nyaya Sanhita, 2023 deals with a deserter from the Army, Navy or Air Force of the Government of India being concealed on board a merchant vessel where the master or person in charge, although unaware of the concealment, could have known about it but for neglect of duty or want of discipline on board.
Text of Section 165, Bharatiya Nyaya Sanhita, 2023
165. 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.
What Section 165 BNS Means
Section 165 is a negligence-based provision. It does not require proof that the master or person in charge actually knew that the deserter was concealed on the vessel. Liability may arise even where the person was ignorant of the concealment, if the circumstances show that the concealment could have been known but for neglect of duty or want of discipline on board.
Essential Ingredients of Section 165 BNS
- A person who has deserted from the Army, Navy or Air Force of the Government of India must be concealed on board a merchant vessel.
- The accused must be the master or person in charge of that merchant vessel.
- Actual knowledge of the concealment is not essential.
- The master or person in charge must have been capable of knowing about the concealment but for neglect of duty, or but for want of discipline on board the vessel.
- The statutory consequence is a monetary penalty not exceeding Rs. 3,000.
Neglect of Duty and Want of Discipline
The section links liability to failure in the proper discharge of responsibilities by the master or person in charge of the merchant vessel. The relevant question is whether the concealment could have been discovered if proper duty had been performed or adequate discipline had been maintained on board. The application of this requirement depends on the facts and evidence of the particular case.
Penalty and BNSS Classification
| Provision | Section 165, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Statutory consequence | Penalty not exceeding Rs. 3,000 |
| BNSS First Schedule punishment entry | Fine of Rs. 3,000 |
| Cognizable | No; non-cognizable |
| Bailable | Yes |
| Court competent to try | Any Magistrate |
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies an offence under Section 165 BNS as non-cognizable and bailable and as triable by any Magistrate. The statutory text of Section 165 uses the expression "penalty not exceeding three thousand rupees", while the First Schedule describes the punishment entry as a fine of three thousand rupees.
Difference Between Sections 164 and 165 BNS
Section 164 BNS deals with knowingly harbouring a deserter, or harbouring where there is reason to believe that the person has deserted. Section 165 is different because it specifically addresses a deserter concealed on a merchant vessel and can impose liability even though the master or person in charge was ignorant of the concealment, provided the statutory negligence or want-of-discipline condition is established.
Related Provision: Section 166 BNS
Section 166 BNS deals with abetment of an act of insubordination by an officer, soldier, sailor or airman where that act is committed in consequence of the abetment.
Corresponding Provision under the Indian Penal Code, 1860
Section 165 BNS broadly corresponds to Section 137 of the Indian Penal Code, 1860. The earlier IPC provision prescribed a penalty not exceeding Rs. 500, whereas Section 165 BNS increases the maximum statutory penalty to Rs. 3,000.
Commencement of the Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita, 2023 is Central Act 45 of 2023. The Central Government appointed 1 July 2024 as the date on which its provisions came into force, except the separately excluded provision of Section 106(2) in the commencement notification.
Official Legal Resources
The enacted statute can be checked in the official Bharatiya Nyaya Sanhita, 2023 PDF on India Code. The commencement notification is available from the Ministry of Home Affairs. The procedural classification of Section 165 can be checked in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.