IPC Section 137 — Deserter concealed on board merchant vessel through negligence of master

Summary

If a deserter from the Indian Army, Navy, or Air Force is hidden on a merchant ship, the ship’s captain or person in charge can be fined up to 500 rupees even if they did not know about the hiding. This applies only if the captain could have known about it but failed to do so because they neglected their duties or allowed poor discipline on the ship.

Official 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 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.

Related Judgments

• SC (1968) Vol.2 p.306 — Supreme Court of India (1968)
• S.C.R. 595 REPUBLIC OF ITALY AND ORS v. UNION OF INDIA AND ORS — Supreme Court of India (2013)
• ... Petitioner vs 1.The Deputy Inspector General of — Madras High Court (2006)
• S.C.R. 227 ASOKE KUMAR CHAUDHURI AND OTHERS v. KUNAL SAHA AND ANOTHER — Supreme Court of India (2016)
• S.C.R. ESSAR SHIPPING LTD v. THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA — Supreme Court of India (2019)
• ... Petitioner vs 1.The Inspector General of Coast Guard — Madras High Court (2018)
• ... Petitioner vs 1.The Inspector General of Coast Guard — Madras High Court (2018)
• S.C.R. 697 KOTAK MAHINDRA BANK LTD v. HINDUSTAN NATIONAL GLASS & IND. LTD. AND ORS — Supreme Court of India (2012)

Old <-> New Code Mapping

• BNS §165 — Deserter concealed on board merchant vessel through negligence of master