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Introduction of 165 BNS

165 BNS addresses the offense of a deserter from the Army, Navy, or Air Force being concealed on a merchant vessel due to the negligence of the ship’s master or the person in charge. Even if the master is unaware of the concealment, they can still be fined if it occurred due to a lack of duty or discipline on board. The penalty can be up to 3,000 rupees.


The Bharatiya Nyaya Sanhita (BNS) Section 165 replaces the old Indian Penal Code (IPC) Section 137.



What is BNS Section 165 ?

Section 165 of the Bharatiya Nyaya Sanhita deals with the situation where a deserter from the military is hidden on a merchant vessel due to the negligence of the master or person in charge. If the deserter is concealed because of a lack of discipline or failure to fulfill duties, the master can face a penalty of up to 3,000 rupees.


165 BNS punishment for deserter concealed on vessel
BNS 165 imposes penalties on ship masters for concealing deserters through negligence

BNS 165 in Simple Points

  1. Concealment of Deserters on Merchant Vessels
    If a deserter from the Army, Navy, or Air Force is found hiding on a merchant vessel, this is considered an offense under Section 165.
  2. Negligence of the Master or Person in Charge
    The law applies when the master or person in charge of the vessel fails to prevent the concealment due to negligence or lack of discipline, even if they were unaware of the deserter’s presence.
  3. Fine as Penalty
    The master or person in charge can be fined up to 3,000 rupees if found guilty of neglecting their duty, leading to the concealment of a deserter.
  4. Bailable Offense
    The offense is classified as bailable, meaning the accused can apply for bail and await trial outside of custody.
  5. Non-Cognizable Offense
    Since the offense is non-cognizable, the police cannot arrest the person without a court order, and the case must be handled through the court system.

Section 165 BNS Overview

BNS Section 165 of the Bharatiya Nyaya Sanhita makes the master or person in charge of a merchant vessel responsible if a deserter from the military is found hidden on the ship. Even if they don’t know about the deserter’s presence, they can be fined if the concealment happened due to negligence or a lack of proper discipline.

Key Points for BNS Section 165

  1. Focus on Deserters from the Military
    BNS Section 165 is concerned with situations where individuals who have deserted from the Indian Army, Navy, or Air Force are found hiding on merchant ships. The section makes it clear that the concealment of such deserters on a vessel is a serious issue that needs to be addressed.
  2. Master or Person in Charge Held Liable
    The law specifically targets the master or the person in charge of the merchant vessel. If a deserter is found on the ship, the responsibility falls on the person managing the vessel. This includes anyone who is in command or has oversight over the ship’s operations.
  3. Negligence or Lack of Discipline
    For the master or person in charge to be penalized, there must be a level of negligence or failure in maintaining proper discipline. This means that if the master or person in charge could have reasonably discovered the deserter but failed to do so due to carelessness or poor management, they are considered liable.
  4. Penalty is a Fine
    The punishment for this offense is a financial penalty, not imprisonment. The fine can go up to 3,000 rupees. This reflects the seriousness of the offense, while also taking into account that the master might not have been directly aware of the deserter’s presence.
  5. Ignorance Not an Excuse
    The law does not accept ignorance as a defense. Even if the master did not know about the deserter, they are still responsible if the concealment could have been prevented with proper checks and discipline. This provision ensures that negligence in the management of the vessel is adequately penalized.
  6. Non-Cognizable Offense
    BNS Section 165 is categorized as a non-cognizable offense. This means that the police cannot arrest the person in charge without prior approval from a magistrate. It is typically less severe than cognizable offenses, but still significant.
  7. Bailable Offense
    The offense is bailable, meaning that if charged, the master can apply for bail and be released from custody while awaiting trial. This provision provides an opportunity for the accused to avoid detention during the legal process.
  8. Non-Compoundable Offense
    This is a non-compoundable offense, meaning it cannot be resolved through a settlement or agreement between the parties involved. The case must be decided in court, and the accused cannot simply pay a sum of money or make other arrangements to avoid legal proceedings.
  9. Tried by a Magistrate
    Cases under this section are handled by a Magistrate’s court, not by higher courts. The Magistrate will review the evidence and make a ruling based on the facts presented. This simplifies the legal process for less severe offenses.
  10. Merchant Vessel Context
    The section specifically applies to merchant vessels, which are ships used for commercial purposes rather than military ships. This ensures that the law targets commercial shipping operations and holds them accountable for failing to detect and manage deserters hiding on their vessels.

Example of BNS Section 165

Example 1:
Suppose a merchant ship traveling from Mumbai to Kolkata has a deserter from the Indian Army hidden on board. The ship’s master didn’t know about the deserter but failed to properly check the ship’s crew and passengers. Because of this negligence, the deserter stayed hidden on the ship. Under BNS Section 165, the master can be fined up to 3,000 rupees for this failure.

Example 2:
A deserter from the Indian Navy is found hiding on a merchant vessel. The ship’s master had a duty to inspect the vessel before departure but did not do so thoroughly. Due to this lack of discipline, the deserter went unnoticed. The master could be held responsible and fined under Section 165, even though they were unaware of the deserter’s presence.


BNS 165 Punishment

  1. Fine
    The punishment includes a fine of up to 3,000 rupees for the master or person in charge of the vessel.
  2. Negligence-Based Responsibility
    Even if the master was unaware of the deserter’s presence, they are liable if the concealment occurred due to neglecting their duty.

165 BNS Punishment deserter concealed on merchant vessel penalty
BNS 165 Punishment : fines up to 3,000 rupees for concealing deserters on a merchant vessel due to negligence.

BNS 165 bailable or not ?

Yes, BNS Section 165 is a bailable offense, meaning the accused can seek bail and not be held in custody while awaiting trial.


Bharatiya Nyaya Sanhita Section 165

PointDetails
OffenseConcealing a deserter from the Army, Navy, or Air Force on a merchant vessel
Who is LiableMaster or person in charge of the vessel
PunishmentFine of up to 3,000 rupees
CognizabilityNon-cognizable (arrest cannot be made without a court order)
BailabilityBailable (accused can apply for bail)
CompoundabilityNon-compoundable (cannot be settled out of court)
Court JurisdictionTriable by any Magistrate
Focus on NegligenceNegligence or lack of discipline by the master leads to liability
Military InvolvementConcerns deserters from the Army, Navy, or Air Force of the Government of India
Fine or ImprisonmentOnly a fine, no imprisonment specified
Bharatiya Nyaya Sanhita Section 165

BNS Section 165 FAQs

What is BNS Section 165 about?

Who can be punished under Section 165?

Who handles cases under Section 165?

Cases are handled by a Magistrate.


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