Code: Section 165 BNS
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 of Section 165 BNS
1. What Does This Section Cover?
Section 165 BNS punishes negligence by the master or person in charge of a merchant vessel that allows a deserter from the Army, Navy, or Air Force to remain concealed on board.
2. Who is Liable Under This Section?
- The master (captain) of the merchant vessel.
- Any person in charge of the vessel.
3. When is the Master Held Responsible?
Even if the master was unaware of the deserter’s presence, they can still be penalized if:
- The deserter was hidden due to a lack of proper checks.
- The master’s failure to maintain discipline on board allowed the concealment.
4. What is the Punishment?
A fine of up to ₹3,000 may be imposed on the master or person in charge for their negligence.
Illustration
Example 1: A Captain Fails to Check Passengers Properly
A merchant vessel departs from India, and a deserter from the Army hides on board. The captain never checked the passenger list properly. Later, authorities discover the deserter. The captain is liable under Section 165 BNS.
Example 2: A Negligent Crew Member Ignores Suspicious Activity
A Navy deserter boards a ship disguised as a crew member. The ship’s officer notices irregularities but ignores them. If later found, the officer and captain may be fined for negligence.
Example 3: A Captain Conducts a Proper Check
Before sailing, the captain thoroughly inspects the ship and reports a possible stowaway. Since there was no negligence, the captain will not be penalized under Section 165 BNS.
Common Questions and Answers on Section 165 BNS
1. Can a ship captain be punished even if they did not know about the deserter?
Yes, if the deserter was concealed due to negligence or lack of discipline, the captain is still liable.
2. What if the deserter forcibly boarded the ship?
If the captain had no way to prevent the concealment, they may not be held liable. However, the circumstances will be examined.
3. Can the fine be more than ₹3,000?
No, the maximum penalty is ₹3,000, as per the law.
4. Is this section applicable to all ships?
No, Section 165 BNS applies only to merchant vessels, not military or personal boats.
5. What should shipmasters do to avoid liability?
- Conduct thorough checks before departure.
- Maintain strict discipline among the crew.
- Report any suspicious activity immediately.
Conclusion
Section 165 BNS ensures that merchant vessel captains and officers maintain strict discipline and prevent military deserters from escaping. This law discourages negligence and ensures accountability in maritime operations.
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