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BNS, 2023
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BNSChapter VIIISection 165
Section165

Deserter concealed on board merchant vessel through negligence of master

AI Assist

Summary

If a deserter from the Army, Navy or Air Force is hidden on a merchant vessel, the ship's master or person in charge can be fined up to Rs 3,000 where the concealment was possible because of his neglect or lack of discipline, even if he did not know about it. The offence is non-cognizable, bailable and triable by any magistrate.

Example

Ravi is master of a merchant ship. A soldier who deserted the Army hides below deck because a crew cabin was left unsecured. Ravi was unaware, but he had neglected routine inspections, so he can be fined up to Rs 3,000 under this rule.

Bare Act

Enacted text

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.

BNSS Classification

  • Fine of 3,000 rupees.
  • Non-cognizable
  • Bailable
  • Triable by Any Magistrate.
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VIII

Chapter VIII

Of Offences Relating To The Army, Navy And Air Force

In this chapter

  • 159Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
  • 160Abetment of mutiny, if mutiny is committed in consequence thereof
  • 161Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
  • 162Abetment of such assault, if the assault committed
  • 163Abetment of desertion of soldier, sailor or airman
  • 164Harbouring deserter
  • 165Deserter concealed on board merchant vessel through negligence of master
  • 166Abetment of act of insubordination by soldier, sailor or airman
  • 167Persons subject to certain Acts
  • 168Wearing garb or carrying token used by soldier, sailor or airman
Previous · Section 164Harbouring deserterNext · Section 166Abetment of act of insubordination by soldier, sailor or airman