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

Definition of BNS Section 165

Section 165 of the BNS 2023 States:
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.

Explanation and Illustration of BNS Section 165

The section highlights the responsibilities of shipmasters so that their ships will not be a means of dodging military authorities or assisting the deserters since it can bring about interference with military operations and also compromise security. In a case where the master fails to prevent the act of desertion by allowing the military deserter to board or hide without due inspection, then the master might be liable for not preventing the desertion act.

• Example:
  If a naval man deserts duty and flees to some foreign merchant vessel to seek refuge therein, it's the obligation of the master to examine that merchant vessel with full care to prevent harboring of that desertion. If the master fails to do that either by failing to inspect the ship properly or not reporting the deserter to be on board, then it will be subject to Section 165.
  This is to discourage negligence and the concept of inadvertently employing merchant vessels in desertion cases. Outside of the military perimeter, there is still a need to have military discipline and accountability.

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