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.
IPC Section 137: Simplified Explanation
Indian Penal Code (IPC) Section 137 deals with “Desertion of soldier, sailor or airman.” This section explicitly targets soldiers, sailors, or airmen who desert their duty or post. Desertion is a severe offence in the military as it directly impacts the armed forces’ operational capability, discipline, and reliability. It refers to the act of leaving the service without permission and with the intention not to return.
The law aims to uphold the integrity and efficiency of the military by ensuring that all members remain committed to their duties unless officially discharged or given leave.
Is IPC Section 137 Bailable?
IPC Section 137 is a non-bailable offence. This indicates the seriousness with which the law treats desertion, as it allows for judicial discretion in deciding whether or not to grant bail to the accused.
IPC Section 137 Punishment
Under IPC Section 137, the punishment for committing the offence of desertion can include imprisonment for up to two years, a fine, or both. The severity of the punishment is determined based on the circumstances of the desertion, its impact on military operations, and any mitigating or aggravating factors presented during the trial.
Example of IPC Section 137
Due to the confidentiality of military operations and legal processes, specific real-life examples of IPC Section 137 being invoked are often not disclosed publicly. However, a hypothetical scenario could involve a soldier who, feeling overwhelmed by personal issues or the stress of service, leaves their unit without permission and attempts to go into hiding. Such cases, when they occur, are dealt with through military and civilian courts to ensure that discipline is maintained and to deter future incidents of desertion.
