Code
The master or person in charge of a merchant vessel, on board of which any deserter from the Army, 1 [Navy or Air Force] of the 2[Government of India] is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred 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
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.
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.
