IPC Section 137: Deserter Concealed on Merchant Vessel Due to Master’s Negligence

This section deals with a specific scenario where a person who has deserted from the military service is found concealed on a merchant vessel, and the master of the vessel is found to have been negligent in allowing this concealment. The law holds the master accountable for this negligence.

1. Code

Section 137. Deserter concealed on merchant vessel due to master’s negligence.

Whoever, being the master of a merchant vessel, knowingly conceals or permits to be concealed on board his vessel any person whom he knows to be a deserter from the military service of the Government of India or of any foreign Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

2. Explanation

This section criminalizes the act of a merchant vessel’s master who intentionally hides or allows a military deserter to be hidden on their vessel. The knowledge of the deserter’s status is crucial. The punishment is imprisonment, fine, or both.

3. Illustration

Imagine a merchant vessel sailing from Mumbai to Dubai. The captain, aware of a military deserter hiding amongst the crew, chooses to ignore this and permits the deserter to stay on board. This act, knowing that the individual is a deserter, makes the captain liable under Section 137.

4. Common Questions and Answers

Q: What if the master was unaware of the deserter’s status?

A: The master is only liable if they knew or had reason to believe that the individual was a deserter.

Q: What if the deserter was not concealed, but simply travelling as a passenger?

A: This section applies only to concealing the deserter, not to simply allowing them to travel as a passenger.

Q: What if the deserter was from a foreign military?

A: The section covers deserters from both Indian and foreign military services.