Section165
The Bharatiya Nyaya Sanhita, 2023

Deserter concealed on board merchant vessel through negligence of master

In force From 01 Jul 2024 Act 45 of 2023 As on 14 Oct 2026

Act 45 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 165 of the Bharatiya Nyaya Sanhita, 2023 deals with deserter concealed on board merchant vessel through negligence of master. 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 conceal The Act came into force on 01 Jul 2024.

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.

Section 165, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Replaces a provision of the Indian Penal Code

IPC 137 Deserter concealed on board merchant vessel through negligence of master Text carried over almost unchanged 98%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

How this offence is classified

From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.

OffencePunishment CognizableBailableTriable by
Deserter concealed on board merchant vessel through negligence of master or person in charge thereof. Fine of 3,000 rupees. Non-cognizable. Bailable. Any Magistrate.

The Bharatiya Nagarik Suraksha Sanhita, 2023

Questions about Section 165

What does Section 165 of the Bharatiya Nyaya Sanhita deal with?

Section 165 of the Bharatiya Nyaya Sanhita is headed "Deserter concealed on board merchant vessel through negligence of master". 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 conceal

Is Section 165 of the Bharatiya Nyaya Sanhita bailable?

Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Is Section 165 of the Bharatiya Nyaya Sanhita cognizable?

Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.

How do I find court cases under Section 165 of the Bharatiya Nyaya Sanhita?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 165, section 165 BNS, section 165 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 165 1 and bns 165 2. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 165 of the Bharatiya Nyaya Sanhita, and has it changed?

It carries forward IPC 137 (Deserter concealed on board merchant vessel through negligence of master), so the judgments decided under that provision are the case law on this one.

When did Section 165 of the Bharatiya Nyaya Sanhita come into force?

Section 165 of the Bharatiya Nyaya Sanhita, cited as BNS 165, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.